BOOK 23 PAGE 796 REGULAR MEETING OF THE BOARD, …hcclerk.org/_Pages/Home/Board of County... ·...

REGULAR MEETING OF THE BOARD, JANUARY 7, 2020

1. The meeting was called to order at 9:00 a.m. in the Highlands County Board of County CommissionChambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

Commissioner James L. Brooks Commissioner William R. Handley Commissioner Don Elwell Commissioner R. Greg Harris Commissioner Arlene Tuck

Also present: Randy Vosburg, County Administrator; Joy Carmichael, County Attorney; Jerome Kaszubowski, Senior Director of Business Services, Clerk of Courts; and Pamela Gamez, Deputy Clerk.

2. INVOCATIONThe meeting opened with a prayer led by Ed Sager, with the Highlands Grace Reformed Church.

3. PLEDGE OF ALLEGIANCEThe Pledge of Allegiance was led by Commissioner Brooks.

4. ANNOUNCEMENTS

The Veterans Advisory Board will meet on Tuesday, January 7, 2020 at 1:00 p.m., in the Veterans Services Office Conference Room, 7209 S. George Blvd., Sebring, FL.

The Construction Licensing, Enforcement & Appeals Board will meet on Tuesday, January 7, 2020 at 7:00 p.m., in the Board room of the Highlands County Government Center, 600 S. Commerce Ave., Sebring, FL.

The 2019 Value Adjustment Board will meet on Thursday, January 9, 2020 at 9:30 a.m., in the Boardroom, 600 S. Commerce Ave., Sebring, FL.

The 2019 Value Adjustment Board will meet on Thursday, January 9, 2020 at 11:15 a.m., in the Boardroom, 600 S. Commerce Ave., Sebring, FL.

A Public Hearing of the Highlands County Code Enforcement Special Magistrate Pamela T. Karlson will be held at 1:30 p.m., on January 9, 2020, in the Kelly Courtroom of the Highlands County Courthouse, 430 South Commerce Avenue, Sebring, FL.

The Historic Preservation Commission will hold a regular meeting on Thursday, January 9, 2020 at 2:30 p.m., in the Engineering Conference Room, 505 S. Commerce Ave., Sebring, FL.

The 2019 Value Adjustment Board will meet on Friday, January 10, 2020 at 9:30 a.m., in the Boardroom, 600 S. Commerce Ave., Sebring, FL.

A Public Hearing of the Highlands County Zoning Board of Adjustment Planning & Zoning Commission & the Local Planning Agency will be held at 3:00 p.m., on January 14, 2020, in the Boardroom of the Highlands County Government Center, 600 S. Commerce Avenue, Sebring, FL.

The Veterans Advisory Board will meet on Tuesday, January 14, 2020 at 1:00 p.m., in the Veterans Services Office Conference Room, 7209 S. George Blvd., Sebring, FL.

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The Local Mitigation Strategy Working Group will meet on January 15, 2020 at 8:00 a.m. , in Room #1 of the Bert J. Harris, Jr. Agricultural Center, 4509 George Blvd., Sebring, FL. The Children’s Services Council will meet on Wednesday, January 15, 2020 at 7:30 p.m., in the Engineering Training Room, 505 S. Commerce Ave., Sebring, FL. The Transportation Disadvantaged Local Coordinator Board will meet on Wednesday, January 15, 2020 at 1:15 p.m., at the Desoto Family Service Center, 310 W. Whidden Street, Arcadia, FL.

5. CONSTITUTIONAL OFFICERS Jerome Kaszubowski, Senior Director of Business Services for the Clerk of Courts, stated that the Clerk of Courts wished everyone a blessed and prosperous new year.

6. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS No further items.

7. CONSENT AGENDA

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

A. Request approval to pay all duly authorized bills January 7, 2020. See Check Report file.

GENERAL FUND 7,008,204.48 COUNTY TRANSPORT TRUST 21,195.14 E911 OPERATIONS FUND 91,393.34 TOURIST DEV TRUST FUND 6,525.00 FIRE INSPECTION 119.77 SEBRING PARKWAY MAINT 435.95 STATE COURT FACILITIES TF 270.00 COURT TECH 28.24 (12)(E)1 4,588.05 BUILDING FUND 365.24 FIRE ASSESSMENT FUND 3,463.26 SOLID WASTE 15,500.11

B. Request approval of a one (1) year renewal of the contract for ITB-19-004, between Highlands

County and Florida Transport Services, Inc., for shell hauling. See Florida Transport Services, Inc. file.

C. Request to accept into record the Combined Financial Statements and Independent Auditor’s Report for Fiscal Year Ended (FYE) June 30, 2019 and 2018 for Peace River Center for Personal Development, Inc. See Peace River Center file.

D. Request to accept into record the Audited Financial Statements and Independent Auditor’s Report for Fiscal Year Ended (FYE) June 30, 2019 with Comparative Totals for June 30, 2018 for Tri-County Human Services, Inc. See Tri-County Human Services, Inc. file.

E. Request to rename Casablanca Drive to Casablanca Circle. See SMB 135 Page 51.

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F. Request approval of Budget Amendment 19-20-026 and Resolution to allocate funds to replace

(4) OEM chiller coils at the County Jail facility and to approve the Request for Payment of Invoice Without a Purchase Order (PO). See Res. Book 30 Page 121 & SMB 135 Page 52.

G. Request approval of Budget Amendment 19-20-028 and associated Resolution to appropriate funds within the Hospital District Board Grant Award for fiscal year 19/20. See Res. Book 30 Page 122 & SMB 135 Page 53.

H. Request approval of Budget Amendment 19-20-033 and Resolution to remove excess budget due to reclassification of expenses into prior fiscal year. See Res. Book 30 Page 123 & SMB 135 Page 54.

I. Request approval of Budget Amendment 19-20-034 for Project 18043, the Mental Health Program Project Improvement. See SMB 135 Page 55.

8. CONSENT AGENDA (2): Request approval to pay all bills with voting conflicts . Commissioner Elwell declared a conflict of interest due to a payment being made to Alan Jay, his current employer. A Memorandum of Voting Conflict form was submitted to the Clerk to become part of the permanent record. Commissioner Harris made a motion and Commissioner Brooks seconded the motion, to move to approve the request to pay all bills with voting conflicts. Upon roll call, all Commissioners voted aye, except Commissioner Elwell, who abstained. The motion carried.

9. PUBLIC HEARING

A. Joedene Thayer, Planning Supervisor: Public hearing to consider adoption of Large Scale Comprehensive Plan Future Land Use Amendment CPA-19-564LS, for approximately 19.42 acres from High Density Residential (RH) to Commercial (C) and amend the text of the Future Land Use Element of the Highlands County 2030 Comprehensive Plan.

Joedene Thayer, Planning Supervisor, and Sandra Vazquez, Planner I, presented the request. This public hearing was properly advertised and a proof of publicat ion was submitted to the Clerk to become part of the permanent record. Ms. Thayer questioned if any of the Commissioners held ex parte communications concerning this hearing. All Commissioners stated no. Ms. Thayer read the caption of the proposed ordinance into the record. Attorney Bart Allen, representing the applicant, addressed the Board. Chairman Handley opened the floor to the public. Input was received from Michelle Gresham and Richard Szoke. Commissioner Brooks made a motion and Commissioner Elwell seconded the motion, to move to approve and adopt by Ordinance, CPA-19-564LS, amending the Future Land Use Map of the Highlands County Comprehensive Plan for approximately 19.42 acres from High Dens ity Residential (RH) to Commercial (C), and amending the text of the Future Land Use Element of the Highlands County 2030 Comprehensive Plan, referencing the mandatory findings of fact; and transmitting CPA-19-564LS to the Florida Department of Economic Opportunity for expedited state review. Upon roll call, all Commissioners voted aye, except Commissioner Tuck, who voted nay. The motion carried. See Comprehensive Plan Amendment file & Ordinance Book 18.

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B. Public Hearing to consider approval of Lifefleet Southeast Inc., d/b/a American Medical

Response application for a Class 2 Basic Life Support Ambulance and Class 3 Advanced Life Support Ambulance Certificate of Public Convenience and Necessity.

Tim Eures, Deputy Chief HCFR, presented the request. This public hearing was properly advertised and a proof of publication was submitted to the Clerk to become part of the permanent record. Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve the application for a Class 2 Basic Life Support Ambulance and Class 3 Advanced Life Support Ambulance Certificate of Public Convenience and Necessity for Lifefleet Southeast Inc., d/b/a American Medical Response. Upon roll call, all Commissioners voted aye. The motion carried. See American Medical Response file.

C. Public Hearing to consider approval of Affordable Transport, Inc. application for a Class 3

Certificate of Public Convenience and Necessity. Tim Eures, Deputy Chief HCFR, presented the request. This public hearing was p roperly advertised and a proof of publication was submitted to the Clerk to become part of the permanent record. Commissioner Harris made a motion and Commissioner Brooks seconded the motion, to move to approve the application for a Class 3 Certificate of Public Convenience and Necessity for Affordable Transport, Inc. Public input was received from John Nelson. Upon roll call, all Commissioners voted aye. The motion carried. See Affordable Transport, Inc. file.

D. Public Hearing to consider approval of Atlantic Palm Beach Ambulance d/b/a AMR application

for a Class1 and 3 Certificate of Public Convenience and Necessity . Tim Eures, Deputy Chief HCFR, presented the request. This public hearing was properly advertised and a proof of publication was submitted to the Clerk to become part of the permanent record. Commissioner Brooks made a motion and Commissioner Elwell seconded the motion, to move to approve the application for a Class 1 and 3 Certificate of Public Convenience and Necessity for Atlantic Palm Beach Ambulance, d/b/a AMR. Upon roll call, all Commissioners voted aye. The motion carried. See American Medical Response file.

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

A. Clinton Howerton, Jr., County Engineer: Request approval of the construction contract between

Highlands County and Ajax Paving Industries of Florida, LLC., for the E. Interlake Boulevard Resurfacing project.

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Clinton Howerton, Jr., County Engineer, JD Langford, Assistant County Engineer, and Stan Merantus, Project Manager, presented the request and addressed concerns raised by the Commission. Commissioner Tuck made a motion and Commissioner Harris seconded the motion, to move to approve the construction contract between Highlands County and Ajax Paving Industries of F lorida, LLC., for the E. Interlake Boulevard Resurfacing project. Upon roll call, all Commissioners voted aye. The motion carried. See Ajax Paving Industries of Florida, LLC file.

B. Request approval of Budget Amendment 19-20-035 and Resolution for FYE 18-19 rollover

project adjustments and corrections into FY 19-20. David Nitz, OMB Manager, presented the request. Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve Budget Amendment 19-20-035 and Resolution for FYE 18-19 rollover project adjustments and corrections into FY 19-20. Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 30 Page 124 & SMB 135 6.

11. COUNTY ADMINISTRATOR AND LEGAL

A. Joy Cook Carmichael, County Attorney: County Attorney File Log Joy Carmichael, County Attorney, presented the County Attorney’s file log and addressed concerns raised by the Commission. See SMB 135 Page 57.

B. Randy Vosburg, County Administrator: Discussion concerning the Board’s priorities for 2020. Randy Vosburg, County Administrator, presented the list of priorities provided by the Commission. After discussion, the Commission concurred to keep and work on the following priorities:

• Countywide Road Program

• Reasonable, standard fire house design for entire county/progress on development of Fire/EMS department

• Establish best route for MCORE through Highlands County/Plan for east/west connectors

• Sell Highlands Regional Hospital and use funds to establish endowment for non-profits

• Develop a plan of action for utility extensions to support economic development

• Work as Budget Liaison – build reserves to 3.5 months – plan for a millage reduction in future years

• Hurricane shelter upgrades – including pet-friendly shelter

• Planning for family-oriented tourism asset, utilizing the 4 th penny from tourism tax

• Support Administration in designing and preparing a succession plan

• Work to streamline county bureaucracy to protect and grow economy; encourage economic development to focus on grants to retain and expand existing business, also keep an eye on new opportunities

Commissioner Harris questioned if they should add recycling to the list. The Commission discussed the issue and stated that they should continue working with the current hauler and educate constituents. After discussion, the Commission concurred to add recycling to the list of priorities. Mr. Vosburg stated that staff will come back to the Board on how these priorities will be updated. See SMB 135 Page 58.

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C. Randy Vosburg, County Administrator: Pending Items/Project Report UpdateMr. Vosburg presented the County’s updated list of pending items/projects and addressed concerns raised by the Commission. See SMB 135 Page 59.

12. CITIZENS NOT ON THE AGENDA

Mr. John Nelson came before the Commission to request that the Board consider for adoption of a resolution declaring support of both, the United States and the State of Florida Constitutions. The Commission discussed the issue. Commissioner Tuck stated that the Commission should hold another meeting on this issue and provided an article from the Tampa Bay Times. Commissioner Elwell provided a proposed resolution that supports both constitutions and requested to hold an evening meeting for hear this issue. See SMB 135 0.

Ms. Michelle Gresham came before the Commission to address her concerns with the hiring of a new attorney and commented on the recycling contract. Ms. Gresham also stated that she is in support of holding an evening meeting for the resolution mentioned above.

Mr. Dale Phlug came before the Commission to address his support of a resolution supporting both, the United States and the State of Florida Constitutions.

Mr. Robert Gilmore came before the Commission to also address his support of a resolution supporting both, the United States and the State of Florida Constitutions.

Mr. Kelly Noonan came before the Commission to request that the Board hold an evening meeting where constituents can provide their input regarding this Second Amendment Sanctuary Resolution.

Ms. Gingerlee Mitchelllindo came before the Commission to address her concerns with the resolution that is being mentioned and addressed the importance of educating the public on this issue.

13. COMMISSIONERS

Commissioner Elwell stated that he would like to have the Board Attorney further review the proposed resolution that supports both, the United States and the State of Florida Constitutions, and requested to hold an evening meeting on this issue on February 4, 2020.

Commissioner Tuck made a motion and Commissioner Elwell seconded the motion, to move to hold the February 4, 2020 Regular Meeting at 5:30 p.m., and to add a proposed resolution to the agenda.

Public input was received from James Spangler.

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

The Commission concurred to have the County Attorney review the version of the resolution that will be considered.

14. ADJOURNThe meeting was adjourned at 11:02 a.m.

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REGULAR MEETING OF THE BOARD, JANUARY 21, 2020



Also present: Randy Vosburg, County Administrator; Tasha Morgan, Assistant County Administrator; Joy Carmichael, County Attorney; Jerome Kaszubowski, Senior Director of Business Services, Clerk of Courts; and Pamela Gamez, Deputy Clerk.

2. INVOCATIONThe meeting opened with a prayer led by Jerome Kaszubowski, Senior Director of Business Services for theClerk of Courts.

3. PLEDGE OF ALLEGIANCEThe Pledge of Allegiance was led by Commissioner Tuck.

4. ANNOUNCEMENTS

The Heartland Library Cooperative will hold a Governing Board meeting on Wednesday, January 22, 2020 at 10:00 a.m., at the Lake Placid Memorial Library, 205 W. Interlake Blvd., Lake Placid, FL.

The Veterans Advisory Board will meet on Thursday, January 23, 2020 at 1:00 p.m., in the Veterans Services Office Conference Room, 7209 S. George Blvd., Sebring, FL.

The Children’s Services Council of Highlands County will hold a General Body meeting on Friday, January 24, 2020 in the Engineering Conference Room, 505 S. Commerce Ave., Sebring, FL.

The Highlands County Health Facilities Authority will meet on Friday, January 24, 2020 at 12:00 p.m. in the Sebring City Council Chambers at the Sebring City Hall, 368 S. Commerce Ave., Sebring, FL.

The Children’s Services Council of Highlands County’s CAC Advisory Board Subcommittee will meet on Monday, January 27, 2020 at 2:00 p.m., in the Engineering Conference Room, 505 S. Commerce Ave., Sebring, FL.

The Veteran’s Advisory Board will hold a Veteran’s Fair at the Genesis Center in Lake Placid on Saturday, January 25, 2020 from 9:00 a.m. to 2:00 p.m.

5. CONSTITUTIONAL OFFICERS – ANNOUNCEMENTS:No further announcements.

6. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS:None presented.

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7. CONSENT AGENDACommissioner Handley questioned item 7D. Daniel Spillman, Deputy Chief, HCFR, addressed his concerns.

Commissioner Tuck questioned item 7O. Chief Marc Bashoor, Public Safe ty Director, addressed her concerns.

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


A. Request approval of the minutes from the December 17, 2019 and the January 7, 2020 RegularMeetings of the Board. See Clerk of Courts website.

B. Request approval to pay all duly authorized bills January 21, 2020. See Check Report file.

GENERAL FUND 52,772.08 LOCAL GOVT INFRA SURTAX 71,363.60 TOURIST DEV TRUST FUND 21,784.59 SHIP 47.54 SEBRING PARKWAY MAINT 222.75 LEGAL AID TRUST FUND 4,145.11 COURT TECH 28.24 (12)(E)1 120.59 BUILDING FUND 335.97 FIRE ASSESSMENT FUND 4,077.91 HCISSR LTD CAPITAL FUND 1,875.00 SOLID WASTE 12,222.41 ENERGY RECOVERY 23,778.33 INSURANCE FUND 45,059.14

C. Request to approve a Public Hearing date of March 3, 2020 to consider a Land Offer andPurchase Agreement and a Warranty Deed between Highlands County, David Parkin, and EdnaParkin. See SMB 135 Page 63.

D. Request approval of agreement to purchase five (5) Stryker Power-Pro XT stretchers with trade-in of five (5) stretchers. See EMS file.

E. Request to schedule a Public Hearing date of March 3, 2020 for approval of the Warranty Deedsand the Disclosure Statements for the dedication of rights-of-way on Frontage Road and SaintJohn Street from Cow Slough, Inc. and Price Groves, LLC. See SMB 135 Page 64.

F. Request approval of Budget Amendment 19-20-037 to transfer set-a-side facility funds intoProject 19026 - Admin Office Space Remodel. See SMB 135 Page 65.

G. Request approval of Budget Amendment 19-20-040 to realign funding for temporary staffing.See SMB 135 Page 66.

H. Request approval of Budget Amendment 19-20-041 and Resolution to realign and appropriatefunds within the General Fund for Project 19031 SCAAP 2019. See Res. Book 30 Page 127 & SMB135 Page 67.

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I. Request approval of Budget Amendment 19-20-042 and Resolution to provide funding for the2020 Dodd Training Fellowship Grant for mosquito control. See Res. Book 30 Page 128 & SMB135 Page 68.

J. Request approval of Budget Amendment 19-20-043 to transfer funds to the Transportation TrustFund Reserve. See SMB 135 Page 69.

K. Request approval of the Corrective County Deed correcting legal description and name ofGrantor. See County Deed file.

L. Request approval of a Release of Unity of Title Agreement for 6800 US 27, Sebring, FL. See Unityof Title Agreement file.

M. Request to approve a Payment for Invoice without a Purchase Order to the Polk County Sheriff’sOffice in the amount of $85,033.73 for inmate housing during fire protection upgrades. SeeSheriff’s Office file.

N. Request approval to upgrade one (1) Purchasing Agent position to a Purchasing Analystposition. See SMB 135 Page 70.

O. Request approval to upgrade the EOC Specialist position in Emergency Management to anAdministrative Assistant position. See SMB 135 Page 71.

P. Request approval of Budget Amendment 19-20-047 and Resolution to setup project funds forthe Sheriff within the General Fund. See Res. Book 30 Page 129 & SMB 135 Page 72.

Q. A Resolution of the Board of County Commissioners of Highlands County, Florida, Authorizingthe County Administrator or Designee to issue Trespass Notices or Warnings relating toCounty-owned Real Property; Providing for an Effective Date. See Res. Book 30 Page 130 & SMB135 Page 73.

8. CONSENT AGENDA (2): Request approval to pay all bills with voting conflicts.There being no further voting conflicts, this item was not considered.

9. PUBLIC HEARING

A. Public Hearing to consider adoption of P&Z Hearing No. 2049, changing the Official Zoning Atlasfor approximately 1.31 acres from Multiple-Family Dwelling Including Motel and Hotel District(R-3) to Multiple-Family Dwelling Including Motel and Hotel with a Flexible Unit DevelopmentDistrict (R-3 FUD).

Dana Riddell, Planner I, and Melony Culpepper, Planner II, presented the request. This public hearing was properly advertised and a proof of publication was submitted to the Clerk to become part of the permanent record. Ms. Riddell questioned if any of the Commissioners held ex parte communications concerning this hearing. All Commissioners stated no.

Ms. Riddell read into the record the recommended motion for P&Z Hearing No. 2049.

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Commissioner Harris moved to approve the motion as read into record. Commissioner Brooks seconded the motion.

Chairman Handley opened the floor to the public. Input was not provided.

Upon roll call, all Commissioners voted aye. The motion carried. See Zoning Change file & Res. Book 30 Page 131.

B. Public Hearing to consider adoption of P&Z Hearing No. 2048, changing the Official Zoning Atlasfor approximately 39.63 acres from Agricultural District (AU) to Mobile Home Parks District (M -2).

Melony Culpepper, Planner II, and Joedene Thayer, Planning Supervisor, presented the request. This public hearing was properly advertised and a proof of publication was submitted to the Clerk to become part of the permanent record. Ms. Culpepper questioned if any of the Commissioners held ex parte communications concerning this hearing. All Commissioners stated no.

Ms. Culpepper read into the record the recommended motion for P&Z Hearing No. 2048.

Commissioner Elwell moved to approve the motion as read into the record. Commissioner Brooks seconded the motion.



C. Public Hearing to consider adoption of Small Scale Comprehensive Plan Future Land UseAmendment CPA-19-565SS, for approximately 1.10 acres from Medium Density Residential (RM)to Commercial (C).

Joedene Thayer, Planning Supervisor, and Melony Culpepper, Planner II, presented the request. This public hearing was properly advertised and a proof of publication was submitted to the Clerk to becom e part of the permanent record. Ms. Thayer questioned if any of the Commissioners held ex parte communications concerning this hearing. All Commissioners stated no. Ms. Thayer read the caption of the Ordinance into the record.

Ms. Thayer read into the record the recommended motion for CPA-19-565SS.

Commissioner Tuck moved to approve the motion as read into the record. Commissioner Harris seconded the motion.


Upon roll call, all Commissioners voted aye. The motion carried. See Comprehensive Plan Amendment file & Ordinance Book 18.

D. An Ordinance of the Board of County Commissioners of Highlands County, Florida; amendingArticle XV of Chapter 9 of the Code of Ordinances, Highlands County, relating to the Oak Manor

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Road Paving Municipal Service Benefit Unit; Authorizing the imposition and collection of road assessments within that unit; adding thereto Sections providing certain definitions and findings of fact; Establishing a procedure for imposing road paving assessments; providing that road paving assessments constitute a lien on assessed property upon adoption of an assessment roll and providing a procedure for collection of road paving assessments; providing for severability; providing for conflict; providing for inclusion in code; and providing for an effective date.

Joy Carmichael, County Attorney, presented the request. This public hearing was properly advertised and a proof of publication was submitted to the Clerk to become part of the permanent record. Ms. Carmichael read the caption of the Ordinance into the record.

Ms. Carmichael read the recommended motion into the record.

Commissioner Elwell moved to approve the motion as read into the record. Commissioner Harris seco nded the motion.


Upon roll call, all Commissioners voted aye, except Commissioner Brooks and Commissioner Handley, who voted nay. The motion carried. See Ordinance Book 18 & SMB 135 Page 74.

E. An Ordinance of the Board of County Commissioners of Highlands County, Florida amendingChapter 2 of the Code of Ordinances, Highlands County, adding thereto Article XIII, pertainingto Trespass Warnings for County Property; Providing for Definitions; Providing for TrespassWarnings on County Property; Providing for Severability; Providing for Conflict; Providing forInclusion in Code; and Providing for an Effective Date.

Joy Carmichael, County Attorney, requested that this item be removed and brought back at a later date, after the proper revisions have been made. See SMB 135 Page 75.

F. Public hearing to consider adoption of Small Scale Comprehensive Plan Future Land UseAmendment CPA-20-567SS, for approximately 10.1 acres to remove the previously assignedsite-specific conditions.

Melony Culpepper, Planner II, and Joedene Thayer, Planning Supervisor, presented the request. This public hearing was properly advertised and a proof of publication was submitted to the Clerk to become part of the permanent record. Ms. Culpepper questioned if any of the Commissioners held ex parte communications concerning this hearing. All Commissioners stated no, except Commissioner Harris, who stated that he spoke with the applicant’s representative regarding this hearing.

Ms. Culpepper read into the record the recommended motion for CPA-20-567SS.

Commissioner Brooks moved to approve the motion as read into the record. Commissioner Elwell seconded the motion.



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Commissioner Harris stated that former commissioner Chip Boring was in the audience and that he’d like to respond to his question about putting a time restraint for utility companies to respond to permits. Joy Carmichael, County Attorney, stated that the question was if the County could obligate a utility provider to lose their opportunity to object to any construction in the right -of-way where they may have utilities if they do not respond within a certain time period. Ms. Carmichael also stated that the Board would not want to be responsible for any damages should there be any. Ms. Carmichael also stated that she would recommend that the utility pe rmit form be revised to at least say that utility providers should respond within a 30-day period, otherwise their interest may be impaired. Chairman Handley suggested even providing up to 45 days. Mr. Boring stated that many projects have been held up for six to seven months, even after making multiple attempts to contact the utility vendors, to no avail, and that this would at least give them something to depend on.

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

A. Joedene Thayer, Planning Supervisor: Request approval of a letter supporting the nomination

of Highway Park Cemetery to the National Register of Historic Places. Joedene Thayer, Planning Supervisor, and Sandra Vazquez, Planner I, presented the request. Commissioner Tuck made a motion and Commissioner Brooks seconded the motion, to move to approve support of the nomination of Highway Park Cemetery to the National Register of Historic Places. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 135 Page 76.

11. COUNTY ADMINISTRATOR & LEGAL

A. County Attorney File Log

Joy Carmichael, County Attorney, presented the County Attorney’s updated file log. See SMB 135 Page 77.

B. Pending Items/Project Report Update Randy Vosburg, County Administrator, presented the County’s updated list of pending items/projec ts and addressed concerns raised by the Board. See SMB 135 Page 78. Regarding Vaughn Road, Mr. Vosburg stated that staff held a productive meeting with the Park Service, and stated that they are not necessarily wanting to vacate the road, but to secure access. Mr. Vosburg st ated that the Park Service will proceed with the reimbursement for the bridge project, alongside of working with the ordinance that is currently in place that does not allow for vehicular traffic on Vaughn Road. After the reimbursement, the County would look to amend that ordinance to allow for park patrons to utilize Vaughn Road for the equestrian park. Mr. Vosburg also stated that they would get an agreement of some sort in place on the grading of Vaugh Road and on the bridge maintenance. Kyle Green, Road & Bridge Director, stated that his take from the meeting was that the Park Service is looking for the County to pay for both, the grading of Vaughn Road and the maintenance on the bridge. Mr. Vosburg stated that staff will work with the Park Service and try to reach an agreement that will be brought before the Board.

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Leah Sauls, Community Programs Director, gave an update on the homeless roundtable and stated that the task force has not held a roundtable this year, but that several components have been explored for the next roundtable.

Mr. Vosburg provided the Commission with a budget calendar for FY 19/20. See SMB 135 Page 79.

Clinton Howerton, Jr., County Engineer, gave a brief update on the illegal dumping issue and the accomplishments from the Environmental Deputy. Mr. Howerton also stated that staff receives a monthly report from the Sheriff’s Office.

Chief Marc Bashoor, Public Safety Director, stated that the National Weather Service has issued a wind-chill advisory from 1:00 a.m. to 9:00 a.m. on Wednesday, January 22, 2020. Emergency Management will be opening a cold weather shelter at the Bert J. Harris Agricultural Center from 7:00 p.m. tonight to 7:00 a.m. tomorrow morning. Citizens are encouraged to bring their personal belongings, water and medicines.

C. County Administrator and County Attorney Evaluation ResultsCommissioner Tuck questioned if the current contract between the Board and the County Attorney allows for evaluations without breaking the contract. Joy Carmichael, County Attorney, stated that she did subject herself to evaluations in her contract because she wanted to be able to receive a merit increase. Ms. Carmichael also stated that she asked that evaluation results not be discussed in this setting, but that the chairman sets the agenda, and results are now open to the public. Chairman Handley stated that this is the only setting where all five commissioners can discuss any matter. Ms. Carmichael concurred and stated that she has never had this type of evaluation and that she is prepared to respond to the comments presented in her evaluations. Ms. Carmichael responded to the comments provided by each commissioner and requested a revision of her scores as they do not reflect her ability as an attorney. The Commission discussed several issues with Ms. Carmichael. The County Administrator stated that he had no comment on the results of his evaluation. See SMB 135 Page 80.

12. CITIZENS NOT ON THE AGENDAMs. Phyllis Phipps, Ms. Beverly Kaelin, and Ms. Amy Brown came before the Commission to inform them ofthe abuse of wild hogs going on in a residential neighborhood. The ladies informed the Commission that lawenforcement has been notified, but that officers did not find any evidence of cruelty at the time that theyresponded to the complaint. Sheriff Paul Blackman commented on the reports conducted by the SebringPolice Department and stated that Animal Services does respond to complaints within the entire countywhen it comes to animals. The Commission advised them to speak to the Sebring City Council as this ishappening within the jurisdiction of the City of Sebring. Mr. Vosburg stated that he has reached out to CityAdministrator Scott Noethlich on this issue.

13. COMMISSIONERS

Commissioner Tuck stated that she would like to have two resolutions available for the next meeting, one being the Second Amendment Sanctuary Resolution and the other being the Resolution stating support of Constitution as a whole.

Commissioner Brooks stated that he will attend the Legislative Conference next week and that Sydney Armstrong, Legislative Liaison, is keeping up to date on any new bills and will be happy to provide any new information.

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Commissioner Elwell stated that he does not agree that having two resolutions available for the next meeting is a good idea. He stated that the Second Amendment Sanctuary Resolution, in his opinion, is too limiting and may not be as effective as what they are proposing. Commissioner Elwell applauded Ms. Armstrong and members of the Economic Development Commission Board for the updates provided to the Commission.

In regards to the Resolution supporting the state and national constitutions that will be heard at the February 4, 2020 Board meeting, Chairman Handley read a statement into the record stating that he believes that the agenda item for the resolutions may prove to be a waste of time and resources, as the Commission is already committed to stand by these doctrines through the sworn oath that they took when elected. Chairman Handley requested this item be removed from the agenda. Commissioner Tuck stated that she feels that the Second Amendment Sanctuary Resolution that she formerly presented should be placed on the agenda. Commissioner Brooks stated that there is no enforcement to that Resolution.

Chairman Handley passed the gavel to the Vice-Chairman and made a motion to remove this item from the next meeting agenda. Commissioner Harris seconded the motion.

Commissioner Elwell stated that he does not agree with the removal of this item from the agenda, because the public is already aware that it will be discussed on February 4, 2020. Commissioner Elwell also stated that the resolution being proposed addresses both, the State of Florida Constitution and the United States Constitution, whereas the one previously proposed singled out the Second Amendment.

Commissioner Harris stated that he believes this would provide an opportunity to further divide our community.

Commissioner Elwell opened the floor to the public. Input was not provided.

Upon roll call, all Commissioners voted nay, except Commissioner Handley who voted aye. The motion failed.

The Commission discussed the number of resolutions that should be presented at the next meeting. The County Attorney will provide a copy of the sample resolution that she has prepared.

BREAK: 11:13 a.m. to 11:20 a.m.

After further discussion, the Commission concurred to bring back two resolutions to the February 4, 2020 meeting. One will be a hybrid, consisting of the County Attorney’s sample resolution and Commissioner Elwell’s proposed resolution. The other resolution will be the Second Amendment Sanctuary Resolution. See SMB 135 Page 81.


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REGULAR MEETING OF THE BOARD, FEBRUARY 4, 2020

1. The meeting was called to order at 5:30 p.m. in the Highlands County Board of County CommissionChambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:



This evening meeting was properly advertised and a proof of publication was submitted to the Clerk to become part of the permanent record.

2. INVOCATIONThe meeting opened with a prayer led by Pastor George Miller, with the Emmanuel United Church of Christ.

3. PLEDGE OF ALLEGIANCEThe Pledge of Allegiance was led by Denise Williams, US Army, County Veteran Services Officer .

4. ANNOUNCEMENTS

The Construction Licensing, Enforcement & Appeals Board will meet on Tuesday, February 4, 2020 at 7:00 p.m., in the Boardroom of the Highlands County Government Center, 600 S. Commerce Ave., Sebring, FL.

A Public Hearing of the Highlands County Zoning Board of Adjustment will be held at 3:00 p.m., on February 11, 2020, in in the Boardroom of the Highlands County Government Center, 600 S. Commerce Avenue, Sebring, FL.

A Public Hearing of the Highlands County Code Enforcement Special Magistrate Pamela T. Karlson will be held at 1:30 p.m., on February 13, 2020 in the Kelly Courtroom of the Highlands County Courthouse, 430 South Commerce Avenue, Sebring, FL.

The Historic Preservation Commission will hold a workshop meeting at 2:30 p.m. on Thursday, February 13, 2020, in the Engineering Conference Room, 505 South Commerce Avenue, Sebring, FL.


6. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS:

A. Presentation of Certificates of Appreciation to the Highlands County Veteran Services Team:Denise Williams, County Veteran Services Officer; Carol West, Assistant County VeteranServices Officer; and Sam Spires, Veteran Services Specialist.

Leah Sauls, Community Program Director, presented certificates of appreciation to Denise Williams, County Veteran Services Officer; Carol West, Assistant County Veteran Services Officer, and Sam Spires, Veteran Services Specialist, for the outstanding care and advocacy they provide to the veterans in this community. See SMB 135 Page 83.

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7. CONSENT AGENDA Randy Vosburg, County Administrator, requested item 7F be pulled from the agenda. He stated that the agreement may no longer be necessary and that if anything were to change, it will be brought back. Mr. Vosburg also stated that item 8A has been cleared from a possible conflict and can be moved up to the regular consent agenda for consideration. Commissioner Elwell questioned item 7H. Casey Wohl, TDC Lead Marketing Consultant, addressed his concerns. Commissioner Elwell made a motion and Commissioner Tuck seconded the motion, to move to approve the consent agenda, with the removal of item 7F, and the addition to the consent agenda of item 8A. Public input was received from Adam Martin, Karen Emery, Michelle Gresham and John Nelson. Upon roll call, all Commissioners voted aye. The motion carried.

A. Request approval to pay all duly authorized bills February 4, 2020. See Check Report file.

GENERAL FUND 3,339,349.24 COUNTY TRANSPORT TRUST 23,829.54 E911 OPERATIONS FUND 91,393.34 LOCAL GOVT INFRA SURTAX 217,645.52 TOURIST DEV TRUST FUND 23,816.60 HOSPITAL DISTRICT 2,222.00 FIRE INSPECTION 119.33 SEBRING PARKWAY MAINT 1,718.24 STATE COURT FACILITIES TF 86.98 COURT TECH 28.24 (12)(E)1 145.48 BUILDING FUND 424.14 FIRE ASSESSMENT FUND 1,216.30 SOLID WASTE 4,409.00 ENERGY RECOVERY 144,828.95

B. Request to accept into the record the Court Related and Other Miscellaneous Funds Revenues

and Expenditures Summary, for the Quarter ended December 31, 2019 for the Board of County Commissioners. See SMB 135 Page 84.

C. Request for approval to waive fees of $1,025.00 for the 2020 Special Stars Softball Classic at

the Highlands County Sports Complex. See SMB 135 Page 85. D. Request approval of a Resolution and the Acceptance of Offer on one (1) County owned surplus

property from the Florida Department of Environmental Protection and grant the chair the authority to execute the purchase documents. See Res. Book 30 Page 134 & SMB 135 Page 86.

E. Request approval to move forward with the sale of 20 County owned surplus properties and

provide the Chair the authority to execute the Sale and Purchase Agreements and Deeds. See County Deed file & SMB 135 Page 87.

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F. Request approval of an Agreement between the Highlands County Board of County

Commissioners and Embarq Florida, Inc. d/b/a CenturyLink to gain access to the Bert J. Harris Agri-Civic Center to provide communication services for the Highlands County Soil and Water Conservation District Office. (This item was pulled from the agenda.) See SMB 135 Page 88.

G. Request approval of the SunTrust Master Treasury Management Agreement and Treasury Management Terms and Conditions providing for banking services for the Board of County Commissioners for a three (3) year term commencing upon full execution of the agreements, with the option to renew up to three (3) times in two (2) year increments for a maximum of six (6) additional years. See SunTrust file.

H. Request approval of a Tourist Development grant and three (3) year sponsorship in the amount of up to $65,000 in 2020, up to $55,000 in year 2021 and 2022 to Grand Fondo New York (GFNY). See Tourist Development file.

I. Request approval of Interlocal Agreement and Budget Amendment 19-20-046, pursuant to the Recreation & Parks Advisory Committee's (RPAC) recommendation of a Funding Request from the Spring Lake Improvement District, for an amount up to $42,000, to construct a Restroom at the Dog Park on Duane Palmer Boulevard. See Spring Lake Improvement District file & SMB 135 Page 89.

J. Request approval of Budget Amendment 19-20-050 and corresponding Resolution to adjust and transfer SHIP balance. See Res. Book 30 Page 135 & SMB 135 Page 90.

K. Request approval of Budget Amendment 19-20-052 for project 18043, the Mental Health Program Project Improvement. See SMB 135 Page 91.

L. (8A) Request for approval of Budget Amendment 19-20-051 and Resolution to transfer funding from the General Fund to the Legal Aid Trust Fund for the payment of legal aid services for low -income residents of Highlands County. See Res. Book 30 Page 136 & SMB 135 Page 92.

8. CONSENT AGENDA (2): Request approval to pay all bills with voting conflicts. Commissioner Elwell declared a conflict of interest due to a payment being made to Alan Jay, his current employer. A Memorandum of Voting Conflict form was submitted to the Clerk to the Clerk for the record. Commissioner Harris made a motion and Commissioner Brooks seconded the motion, to move approval to pay all bills with voting conflicts. Upon roll call, all Commissioners voted aye, except Commissioner Elwell, who abstained. The motion carried. See Check Report file for copy of abstention form.

A. Request for approval of Budget Amendment 19-20-051 and Resolution to transfer funding from

the General Fund to the Legal Aid Trust Fund for the payment of legal aid services for low -income residents of Highlands County.

This item was moved to the consent agenda above.

9. PUBLIC HEARING No public hearings presented.

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

A. Resolutions of the Highlands County Board of County Commissioners, Highlands County,

Florida, in Support of the United States Constitution and its Amendments and the State of Florida Constitution, as Amended; and a Resolution declaring Highlands County a Second Amendment Sanctuary. See SMB 135 Page 93.

Commissioner Tuck gave a brief presentation and read into the record the proposed Resolutio n declaring Highlands County a Second Amendment Sanctuary. Commissioner Elwell gave a presentation concerning the proposed Resolution in support of the United States Constitution and all its Amendments and the State of Florida Constitution, as Amended. Commissioner Tuck made a motion to move to approve the Second Amendment Resolution. Commissioner Elwell seconded the motion for discussion. Due to the size of tonight ’s audience, Chairman Handley addressed a few ground rules. Public input was received from Jim Upchurch, Virginia Spencer, Dennis Fornella, William Bridges, Gingerlee Mitchelllindo, John Nelson, Dana Orr, Michael Armstrong, Dale Phlug, Clay Benedict, Karen Emery, Clinton Mingus, Pat Kiker, Bill Dailey, Melissa Milligan, Charles Desan (sp), John Drennan, Jim Reed, Gary Brown, Josh Little, Summer Cato (sp), Bruce Carter, Kelly Noonan, Gaice Shelton, Susie Johnson, Dick Fankhauser, Lynn Payne, Dale Gillis, Neal Golden, Adam Martin, Tristan Heiss, Michelle Gresham, Bobbie Smith Powell, Fred Schossau, Russell Sanders, Linda Montalbano, Barbara Kring, Anna Pruett, Denise Kring , Kathy Bergens, Nick Madrigale, Darrell Cloud, Charles Wheelus, Jim Hicks, Dianne Cox, Grover Johnson, Budd Neidig, and Lauren Bush. The Commission addressed their concerns in great detail. Commissioner Tuck called for the question. Upon roll call, Commissioner Tuck voted aye. All other Commissioners voted nay. The motion failed. Commissioner Elwell made a motion to move to approve the Resolution of the Board of County Commissioners, Highlands County, Florida, in support of the United States Constitution and its Amendments and the State of Florida Constitution, as Amended, as presented here today. Commissioner Harris seconded the motion. Commissioner Tuck and Commissioner Brooks concurred to possibly adopt both Resolutions. The Commission concurred to vote on the pending motion first and to reconsider the Second Amendment Sanctuary Resolution next. Upon roll call, all Commissioners voted aye, except Commissioner Brooks and Commissioner Handley, who voted nay. The motion carried. See Res. Book 30 Page 137.

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Commissioner Elwell made a motion to move to reconsider the original Resolution declaring Highlands County a Second Amendment Sanctuary. Commissioner Tuck seconded the motion.

A member of the audience questioned clarification on the motion. Chairman Handley stated that the motion would consider (for approval) the Second Amendment Sanctuary Resolution.

Upon roll call, all Commissioners voted aye, except Commissioner Harris and Commissioner Handley, who voted nay. The motion carried. See Res. Book 30 Page 138.

BREAK: 8:10 p.m. to 8:15 p.m.


A. County Attorney File LogJoy Carmichael, County Attorney, presented to the Board the County Attorney’s file log. See SMB 135 Page 94.

B. Pending Items/Project Report UpdateRandy Vosburg, County Administrator, presented the County’s updated list of pending items/projects and addressed concerns raised by the Board. See SMB 135 Page 95.

Mr. Vosburg stated that staff received a notice from HC Waterworks, Inc., who are asking the Public Service Commission for a rate increase in utilities in the Lake Josephine Area. Mr. Vosburg also stated that staff is aware of water quality issues with that same system, and that staff will reach out to the Florida Department of Environmental Protection to have them look at the water quality and provide feedback. The Commission concurred that they would not support this increase unless the water quality is improved.

12. CITIZENS NOT ON THE AGENDAMr. Steven Brown came before the Commission to address his concerns with animal carcasses beingdumped on C Hill Road in Avon Park and becoming a health hazard. Chairman Handley advised that withhunting season being over, he might see this issue dying down a bit. Mr. Brown stated that it has died down ,but that dry carcasses are still on the road. The County Administrator asked that Mr. Brown leave his contactinformation and staff will look into this matter. Mr. Brown provided pictures for the record. See Citizens Noton the Agenda file.

13. COMMISSIONERSCommissioner Harris stated that according to the County Engineer, there are 86 intersections that are darkand could prove dangerous for school-aged children waiting to get on the buses in the mornings and statedthat they should prioritize the placing of lights at these bus stop intersections.

Commissioner Harris also questioned if the County is still doing the 50/50 split for residents requesting that their road get paved. The County Administrator stated yes, as long as the road fits the qualifying criteria and that their percentage portion is paid upfront.

14. ADJOURNThe meeting was adjourned at 8:39 p.m.

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REGULAR MEETING OF THE BOARD, FEBRUARY 18, 2020





3. PLEDGE OF ALLEGIANCEThe Pledge of Allegiance was led by Denise Williams, US Army, County Veteran Services Officer .

4. ANNOUNCEMENTS

The Children’s Services Council of Highlands County will hold a General Body meeting at 8:00 a.m., on February 19, 2020, in the Engineering Conference Room, 505 S. Commerce Avenue, Sebring, FL.

The Heartland Regional Transportation Planning Organization (HRTPO) will hold a meeting at 10:00 a.m., on February 19, 2020, in the Boardroom of the Highlands County Government Center, 600 S. Commerce Avenue, Sebring, FL.

The Highlands Soil & Water Conservation District Board will meet today in Conference Room 3 of the Bert J. Harris, Jr. Agricultural Center at 3:00 p.m.

The Heartland Crime Stoppers Board will meet on Monday, February 24, 2020, at 5:00 p.m., at the Polk County Sheriff’s Office in Winter Haven.

5. CONSTITUTIONAL OFFICERS – ANNOUNCEMENTS:Jerome Kaszubowski, Senior Director of Business Services for the Clerk of Courts, announced t hat theClerk’s Office will have a link on their website where criminal cases of interest can be followed through e-notify. Register at enotify.flcourts.org.


A. Presentation of Employee of the Quarter for the 4th Quarter of 2019.Randy Vosburg, County Administrator, invited the Commission to come forward to congratulate the employee of the quarter. Rick Fleeger, Parks & Facilities Superintendent, presented a plaque to Mr. Robert Keefe, Parks & Recreation Assistant Supervisor, for being chosen Employee of the Quarter for the 4 th Quarter of 2019. See SMB 136 Page 1.

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B. County Administrator Randy Vosburg: Presentation of Years of Service Awards.Randy Vosburg, County Administrator, invited the Commission to come forward to recognize the employees for their years of service to Highlands County. Kyle Green, Road & Bridge Director, presented an award to Mr. Donnie Goins in recognition of his 5 years of service to the county. Leah Sauls, Community Programs Director, presented an award to Ms. Estela Patrick in recognition of her 15 years of service to the county. Chief Marc Bashoor, Public Safety Director, presented awards to Mr. James Duppenthaler, Mr. Michael Tallent, and Mr. Donald Walker, in recognition of their 20 years of service to the County. Robert Diefendorf, Engineering Projects Manager, and Clinton Howerton, Jr., County Engineer, presented an award to Mr. Bill Stone in recognition of his 20 years of service to the county. Eric Longshore, Building Official, presented a n award to Ms. Helen Lopez in recognition of her 30 years of service to the county. The Commission congratulated the employees and thanked them for their service. See SMB 136 Page 2.

C. Highlands County Economic Development UpdateMeghan DiGiacomo, Executive Manager of Business & Economic Development, and Jeff King, Economic Development Manager, gave an update of the efforts and activities of the Highlands County Economic Development Office, as well as an update on the implementation of their strategic plan. Ms. DiGiacomo and Benjamin Dunn, Development Services Director, addressed concerns raised by the Commission. The Commission thanked them for their presentation. See SMB 136 Page 3.

D. Presentation from the Children's Services Council - BOCC Advisory Board.April Rolle, Children’s Services Council 2020 Chair, and Luzed Cruz, Children’s Services Council Executive Director, gave a brief presentation and provided an update on the accomplishments of 2019 and goals for 2020. Ms. Rolle addressed the current makeup of the Council. The Commission thanked them for their presentation. See SMB 136 Page 4.

E. Presentation of the Interim Financial Report of Key Operating Performance Measures .Jackie Gabrus, Senior Accountant, Clerk of Courts, presented the Interim Financial Report of Key Operating Performance Measures as of December 31, 2019. The Commission thanked Ms. Gabrus for the presentation. See Clerk’s Reporting file.

7. CONSENT AGENDACommissioner Brooks made a motion and Commissioner Tuck seconded the motion, to move to approve theconsent agenda as prepared.

Public input was received from Michelle Gresham.


A. Request approval to pay all duly authorized bills February 18, 2020. See Check Report file.

GENERAL FUND 63,531.17 COUNTY TRANSPORT TRUST 32,315.78 LOCAL GOVT INFRA SURTAX 145,673.33 TOURIST DEV TRUST FUND 10,690.08 SHIP 45,150.08 SEBRING PARKWAY MAINT 169.95 LEGAL AID TRUST FUND 4,240.37 COURT TECH 28.24 (12)(E)1 257.64

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BUILDING FUND 256.34 FIRE ASSESSMENT FUND 7,461.79 HCISSR LTD CAPITAL FUND 5,220.00 SOLID WASTE 793.70 ENERGY RECOVERY 214,379.25 INSURANCE FUND 294,919.25

B. Request to appoint Larry Andrews and Robert Farabee to the Veterans Advisory Board. SeeSMB 136 Page 5.

C. Request approval to declare the indicated lists of Avon Park Library materials surplus and allowsuch items to be donated to the Avon Park Friends of the Libraries, nonprofit. See SMB 136Page 6.

D. Request approval of Cooperative Equipment Loan Agreement between the Florida ForestService and the Board of County Commissioners of Highlands County. See Florida Forest Servicefile.

E. Request approval of First Amendment to Agreement for Insurance Agent of Record forEmployee Health Benefits with Gehring Group, Insurance Agent of Record. See Gehring Groupfile.

F. Request approval to update the County Fee Schedule to incorporate the revised schedule fromthe Highlands County Health Department. See SMB 136 Page 7.

G. Request approval of FY 19/20 Child Advocacy Trust Fund Award Agreement and BudgetAmendment 19-20-058 and associated Resolution. See Children’s Advocacy Center file, Res. Book30 Page 139 & SMB 136 Page 8.

H. Request approval to move forward with the sale of the County owned surplus property locatedat 13461 Lynwood Street and provide the Chair the authority to execute the Sale and PurchaseAgreement for Available Property List Properties and Deed. See SMB 136 Page 9.

I. Request approval of Budget Amendment 19-20-053 for reallocation of funds for Project #16056HCSO Detention Reconfiguration. See SMB 136 Page 10.

J. Request approval of Budget Amendment 19-20-059 and associated Resolution for FYE 18-19rollover project adjustments and corrections into FY 19-20. See Res. Book 30 Page 140 & SMB136 Page 11.

K. Request approval of Budget Amendment 19-20-060 and accompanying Resolution for realigningfunds for the Unit I Barn Refurbish. See Res. Book 30 Page 141 & SMB 136 Page 12.

8. CONSENT AGENDA (2): Request approval to pay all bills with voting conflicts.

A. Request for approval of Budget Amendment 19-20-057 to realign funds for purchase of areplacement vehicle.

Commissioner Elwell declared a conflict of interest due to a payment being made to Alan Jay, his current employer. A Memorandum of Voting Conflict form was submitted to the Clerk for the record.

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Commissioner Harris made a motion and Commissioner Brooks seconded the motion, to move approval to pay all bills and approve items with voting conflicts.

Upon roll call, all Commissioners voted aye, except Commissioner Elwell, who abstained. The motion carried. See SMB 136 Page 13.

9. PUBLIC HEARING

A. Proposed Ordinance amending Chapter 12 (also known as the Highlands County LandDevelopment Regulations) of the Code of Ordinances of Highlands County, Florida.

Rachel Barry, Development Services Technician, and Linda Conrad, Zoning Supervisor, presented the request. This public hearing was properly advertised and a proof of publication was submitted to the Clerk to become part of the permanent record. Ms. Barry read the caption of the Ordinance into the record and addressed the proposed amendments to the Land Development Regulations. Regarding Section 88 of the proposed Ordinance, Ms. Barry stated that the Planning & Zoning Commission recommended to deny the change because they were concerned with potential variance requests in the future to enclose the ca rports and have enclosed space in the front yard. The Commission expressed their concerns and concurred to follow the recommendation of the Planning & Zoning Commission Board.


Commissioner Elwell made a motion and Commissioner Brooks seconded the motion, to move to hold the second/adoption hearing of this Ordinance, as amended, on March 3, 2020 at 9:00 a.m., or soon thereafter as possible in the County Commissioner’s Boardroom at 600 S. Commerce Ave., Sebring, FL. 33870.

Upon roll call, all Commissioners voted aye. The motion carried. See Proof of Publication file & SMB 136 Page 14.

Break: 10:52 a.m. to 11:00 a.m.

B. Public Hearing to consider adoption of Large Scale Comprehensive Plan Future Land UseAmendment CPA-20-568LS, for approximately 20.1 acres from Agriculture (AG) to MediumDensity Residential (RM).

Dana Riddell, Planner I, and Melony Culpepper, Planner II, presented the request. This public hearing was properly advertised and a proof of publication was submitted to the Clerk to become part of the permanent record. Ms. Riddell questioned if any of the Commissioners held ex parte communications concerning this hearing. All Commissioners stated no. Ms. Riddell read the caption of the Ordinance into the record.

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to approve and adopt by Ordinance, CPA-20-568LS, amending the Future Land Use Map of the Highlands County Comprehensive Plan for approximately 20.1 acres from Agriculture (AG) to Medium Density Residential (RM) and transmit CPA-20-568LS to the Florida Department of Economic Opportunity for its compliance determination, referencing the mandatory findings of fact and becoming effective as provided by law.


Ms. Riddell stated that the recommended motion before the Commission was incorrect and requested that an amendment to the motion be considered as follows:

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Move to approve and adopt by Ordinance, CPA-20-568LS, amending the Future Land Use Map of the Highlands County Comprehensive Plan for approximately 20.1 acres from Agriculture (AG) to Medium Density Residential (RM), referencing the mandatory findings of fact, and transmitting CPA-20-568LS to the Florida Department of Economic Opportunity for expedited state review.

Commissioner Harris amended his motion to reflect the new motion. Commissioner Elwell amended his second.

Upon roll call, all Commissioners voted aye. The motion carried. See Proof of Publication file & SMB 136 Page 15.

C. Public Hearing to consider adoption of Small Scale Comprehensive Plan Future Land UseAmendment CPA-20-566SS, for approximately 13.93 acres, from Agriculture (AG) to Industrial(I).

D. Public Hearing to consider adoption of P&Z Hearing No. 2050, changing the Official ZoningAtlas for approximately 13.93 acres, from Agricultural District (AU) to Industrial District (I -2).

Melony Culpepper, Planner II, presented items 9C and 9D together as they both pertain to the same property. These public hearings were properly advertised and a proof of publication was submitted to the Clerk to become part of the permanent record. Ms. Culpepper questioned if any of the Commissioners held ex parte communications concerning these hearings. All Commissioners stated no. Ms. Culpepper read the captions of the Ordinance and the Resolution into the record.

Commissioner Brooks made a motion and Commissioner Harris seconded the motion, to move to approve and adopt by Ordinance, CPA-20-566SS, amending the Future Land Use Map of the Highlands County Comprehensive Plan for approximately 13.93 acres, from Agriculture (AG) to Industrial (I), and transmit CPA-20-566SS to the Florida Department of Economic Opportunity for its compliance determination, referencingthe mandatory findings of fact and becoming effective as provided by law.


Commissioner Elwell made a motion and Commissioner Tuck seconded the motion, to move to approve and adopt by Resolution, P&Z Hearing No. 2050, changing the Official Zoning Atlas for approximately 13.93 acres from Agricultural District (AU) to Industrial District (I-2), referencing the mandatory findings of fact and becoming effective as provided by law.


10. ACTIONCommissioner Brooks made a motion and Commissioner Harris seconded the motion, to move to set theaction agenda.


A. Request to appoint two (2) alternate members to the County Canvassing Board for thePresidential Preference Primary Election to be held on March 17, 2020.

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Penny Ogg, Supervisor of Elections, presented the request and stated that one alternate is needed for her position and one alternate is needed for Commissioner Handley’s position within the County Canvass ing Board. Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to appoint Commissioner Brooks and Commissioner Elwell as the two alternate members to the County Canvassing Board for the Presidential Preference Primary Election to be held on March 17, 2020. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 136 Page 16.

B. Request approval of Vacation of Easement - 329 Duane Palmer Blvd., Sebring, FL 33876.

Clinton Howerton, Jr., County Engineer, presented the request. A proof of publication was submitted to the Clerk to become part of the permanent record. Commissioner Harris made a motion and Commissioner Tuck seconded the motion, to move to approve the attached Resolution to vacate a portion of the existing drainage and utility easement , as described in the resolution, effectively closing, vacating, abandoning, and discontinuing all rights of the County and the public, in and to the easement and any lands in connection therewith. Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 30 Page 143 & SMB 136 Page 17.

C. Request approval for Tourist Development enhancement projects for Windy Point and Lake

Istokpoga Fishing Tournament Facilities with a total cost not to exceed $287,503.04. Casey Hartt, TDC Lead Marketing Consultant, and Benjamin Dunn, Development Services Director, presented the request and addressed concerns raised by the Commission. Commissioner Tuck made a motion and Commissioner Brooks seconded the motion, to move to approve up to $254,276.00 from the TDC Lakes Account (#5306) for enhancement to Windy Point and Lake Istokpoga Fishing Tournament Facilities, presented with the understanding that any FWC Grants pertinent to this project will be applied for to supplement funding for the proposed project (anticipated need $33,227). If a shortage of funds occurs due to the inability to secure a grant, County staff will recommend covering that shortage through Fund 143 - Florida Boating Improvement Fund, in an amount not to exceed up to $33,330. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 136 Page 18.

D. Requesting approval of the proposed Highlands County Non-Maintained Public Right of Way

Improvement Program and the Highlands County Road Improvement Program for County and Non-County Roads.

Kyle Green, Road & Bridge Director, presented the proposed Procedures for Participation in the Non-Maintained Public Right of Way Improvement Program (Excluding Paving) and the proposed Procedures for Participation in the Highlands County Road Improvement Program for County and Non -County Roads. In regards to the Non-Maintained Public Right of Way Improvement Program, the Commission discussed in great detail the $200 non-refundable application fee that will be collected prior to a Road & Bridge employee assessing the road and providing a cost estimate for the requested repairs. If the property owners wish to move forward with the repairs, the $200 will be used towards the total cost of repairs.

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Commissioner Brooks made a motion and Commissioner Harris seconded the motion, to move to approve the Non-Maintained Public Right of Way Improvement Program Policy.


The Commission discussed the Procedures for Participation in the Highland’s County Road Improvement Program for County and Non-County Roads. In section (b) of the Cost Allocation, the Commissioner Elwell requested a revision to indicate the following: For Category 3 to a Category 1 improvement request, the county shall pay fifty percent (50%) of the total project costs and the property owners shall pay fifty percent (50%) of the total project costs.

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve the Highlands County Road Improvement Program for County and Non-County Roads Policy.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 136 Page 19 & Policy file.


A. County Attorney File LogJoy Carmichael, County Attorney, presented to the Board the County Attorney’s file log. See SMB 136 Page 20.

In regards to the assistant attorney position, Ms. Carmichael stated that staff will move forward with the two scheduled interviews. If they cannot find a satisfactory applicant, she would like to contact a recruiter who can help with advertising the position and have the best opportunity to attract qualified candida tes. Ms. Carmichael also stated that years of experience can be lowered if the Commission desired to do so.

Ms. Carmichael stated that she would like to create a calendar for the non-ad valorem assessment districts and determine whether they need an increase or a decrease. Chairman Handley stated that it would be hard to categorize which district needs an increase or a decrease, because every district is different. The Commission discussed the issue. Ms. Carmichael stated that this was a proposal to provide orderly monitoring of districts.

Ms. Carmichael stated that HC Waterworks is proposing an increase in their rates and that notices have been sent out to their customers and questioned if the County has any interest in responding. Ms. Carmichael also stated that a community meeting is scheduled for Thursday, February 20, 2020 at 6:00 p.m., where the utility provider will listen to citizen concerns and present a reason for the increase proposal. Ms. Carmichael also stated that if the Commission wishes for staff to respond, they must do so before April 23, 2020, which is when the Public Service Commission will receive a recommendation from their staff. Randy Vosburg, County Administrator, stated that he reached out to the vice president of HC Waterworks, who a dvised that some of the increase is needed because of work that the County did that required them to relocate their utilities. The Commission concurred that staff send them a letter before April 23, 2020 expressing their displeasure.

B. Pending Items/Project Report UpdateRandy Vosburg, County Administrator, presented the County’s updated list of pending items/projects and addressed concerns raised by the Board. Commissioner Elwell suggested adding the 2020 Board Priorities to the pending items list for regular updates. See SMB 136 Page 21.

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12. CITIZENS NOT ON THE AGENDANo participants.

13. COMMISSIONERSNo further comments.

14. ADJOURNThe meeting was adjourned at 12:55 p.m.

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REGULAR MEETING OF THE BOARD, MARCH 3, 2020


Commissioner William R. Handley Commissioner Don Elwell Commissioner Arlene Tuck Commissioner R. Greg Harris

Commissioner James L. Brooks was absent from this meeting.


2. INVOCATIONThe meeting opened with a prayer led by Pastor Ed Sager, with the Highlands Grace Reformed Church.

3. PLEDGE OF ALLEGIANCEThe Pledge of Allegiance was led by Commissioner Harris.

4. ANNOUNCEMENTS

The Construction Licensing, Enforcement & Appeals Board will meet on Tuesday, March 3, 2020 at 7:00 p.m., in the Boardroom of the Highlands County Government Center, 600 S. Commerce Ave., Sebring, FL.

The Veterans Advisory Board will meet on Thursday, March 5, 2020 at 3:30 p.m., in the Veterans Services Office Conference Room, 7209 S. George Blvd., Sebring, FL.

A Public Hearing of the Highlands County Planning & Zoning Commission and the Local Planning Agency and the Zoning Board of Adjustment will be held at 3:00 p.m., on March 10, 2020, in in the Boardroom of the Highlands County Government Center, 600 S. Commerce Avenue, Sebring, FL.

The Children’s Services Council of Highlands County will hold an Agenda Planning Meeting at 8:30 a.m., on Wednesday, March 11, 2020, in the Engineer’s Conference Room, at 505 S. Commerce Ave., Sebring, FL.

The Industrial Development Authority will meet on Wednesday, March 11, 2020 at 7:30 a.m., in the Engineering Training Room, at 505 S. Commerce Ave., Sebring, FL.

A Public Hearing of the Highlands County Code Enforcement Special Magistrate Pamela T. Karlson will be held at 1:30 p.m., on Thursday, March 12, 2020 in the Kelly Courtroom of the Highlands County Courthouse, 430 South Commerce Avenue, Sebring, FL.

The Historic Preservation Commission will hold a workshop meeting at 2:30 p.m., on Thursday, March 12, 2020, in the Engineering Conference Room, 505 S. Commerce Avenue, Sebring , FL.

The Southwest Central Florida Connector Task Force will hold a meeting regarding the M-CORES on Wednesday, March 4, 2020, at 10:00 a.m., at the Bert J. Harris, Jr. Agricultural Center, 4509 George Blvd., Sebring, FL.

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5. CONSTITUTIONAL OFFICERS – ANNOUNCEMENTS: No further announcements.

Mary Kay Burns, Health Department Administrator, and Highlands County Health Department staff came before the Commission to give an update on the coronavirus disease (COVID-19) outbreak. See SMB 136 Page 22A.


A. Request approval of a Proclamation recognizing the week of March 16-20, 2020 as Government Finance Professionals Week.

Tasha Morgan, Assistant County Administrator, presented the request and read the Proclamation into the record. Ms. Morgan requested that all finance professionals come forward to be recognized. Jerome Kaszubowski, Business Services Director for the Clerk of Courts, announced that the Clerk would like to recognize every agency that participates in the financial functions for the County, and addressed those functions handled by the Clerk’s Office. Commissioner Elwell made a motion and Commissioner Tuck seconded the motion, to move to approve the Proclamation recognizing the week of March 16 th as Government Finance Professionals Week. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 136 Page 22B.

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

A. Request approval to pay all duly authorized bills March 3, 2020. See Check Report file.

GENERAL FUND 3,253,020.15 COUNTY TRANSPORT TRUST 43,190.87 E911 OPERATIONS FUND 91,393.34 LOCAL GOVT INFRA SURTAX 287,771.00 TOURIST DEV TRUST FUND 3,100.00 SHIP 4,000.00 FIRE INSPECTION 119.33 SEBRING PARKWAY MAINT 6,015.80 STATE COURT FACILITIES TF 491.98 COURT TECH 28.24 (12)(E)1 3,185.09 BUILDING FUND 388.50 FIRE ASSESSMENT FUND 10,237.21 HCISSR LTD CAPITAL FUND 501.44 SOLID WASTE 19,808.97 ENERGY RECOVERY 67,601.09

B. Request approval of a pay grade change to the position of Business Services Director. See

SMB 136 Page 23.

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C. Request appointment of J. Conley Jahna as a regular member and reappointment of Thomas

E. James as a regular member to the Construction Licensing, Enforcement and Appeals Board (CLEAB). See SMB 136 Page 24.

D. Request approval to declare the attached list of 58 County owned properties as surplus and grant permission to solicit offers to purchase through the County's bid process. See SMB 136 Page 25.

E. Request approval of Amendment to the 19/20 Standard Contract between the Highlands County Board of County Commissioners and the Florida Network of Children's Advocacy Centers and Budget Amendment 19-20-067 with associated Resolution. See Children’s Advocacy file, Res. Book 30 Page 146 & SMB 136 Page 26.

F. Request approval of Budget Amendment 19-20-065 and accompanying Resolution to reallocate funds from ADA FY 16-17 AP Health Department Project No. 16006 to ADA FY 17-18 Youth Care Lane Sidewalk Improvements Project No. 17002. See Res. Book 30 Page 147 & SMB 136 Page 27.

G. Request approval to move forward with the sale of two (2) County owned surplus properties located at 298 Swallow Drive and 318 Swallow Drive, and provide the Chair the authority to execute the Sale and Purchase Agreement for Available Property List Properties and Deed. See County Deed file & SMB 136 Page 28.

H. Request approval of Budget Amendment 19-20-064 and associated Resolution to realign funding in the HOME Investment Partnership cost center. See Res. Book 30 Page 148 & SMB 136 Page 29.

I. Request approval for Budget Amendment 19-20-066 to realign accounts to provide for SHIP program expenses. See SMB 136 .

J. Request approval of Budget Amendment 19-20-070 to provide funding for nominal expenditures in cost center 1001 (General Admin County Court Administration) . See SMB 136 Page 31.

8. CONSENT AGENDA (2): Request approval to pay all bills with voting conflicts. Commissioner Elwell declared a conflict of interest due to a payment being made to Alan Jay, his current employer. A Memorandum of Voting Conflict form was submitted to the Clerk to become part of the permanent record. Commissioner Harris made a motion and Commissioner Tuck seconded the motion, to move approval to pay all bills with voting conflicts. Upon roll call, all Commissioners voted aye, except Commissioner Elwell, who abstained. The motion carried. See Check Report file for copy of abstention form.

9. PUBLIC HEARINGS

A. Proposed Ordinance amending Chapter 12 (also known as the Highlands County Land Development Regulations) of the Code of Ordinances of Highlands County, Florida.

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Rachel Barry, Development Services Technician, and Linda Conrad, Zoning Supervisor, presented the request. This public hearing was properly advertised and a proof of publication was submitted to the Clerk to become part of the permanent record. Ms. Barry read the caption of the Ordinance in to the record and stated that changes have been made to Sections 98 and 99 to reflect sixty (60) parking spaces instead of twenty (20). Commissioner Tuck addressed her concerns with Section 87 (5) of the proposed ordinance. Commissioner Handley requested to add or engineer to Subsection A(1)(o) of Section 99. Clinton Howerton, Jr., County Engineer, stated that Section 98, Subsection 12.11.102(A)(1)(o), Section 98, Subsection 12.11.102(B)(2)(h), Section 99, Subsection 12.11.208(A)(1)(o), and Section 99, Subsection 12.11.208B(1)(h) would be changed to read as follows:

Be prepared, and signed and sealed, by a registered landscape architect or engineer licensed in the State of Florida.

Chairman Handley opened the floor to the public. Input was not provided. Joy Carmichael, County Attorney, read the recommended motion as follows: Move to approve, execute and adopt Ordinance 19-20-__(to be filled in) as submitted, with the exception of revision of Section 98, Subsection 12.11.102(A)(1)(o), Section 98, Subsection 12.11.102(B)(2)(h), Section 99, Subsection 12.11.208(A)(1)(o), and Section 99, Subsection 12.11.208(B)(1)(h), to include the phrase or engineer in those sections; and with the exception of revisions to Sections 98 and 99, which revises sixty (60) parking spaces in substitution of twenty (20) parking spaces. Commissioner Harris moved to approve the motion as read. Commissioner Elwell seconded the motion. Upon roll call, all Commissioners voted aye, except Commissioner Tuck, who voted nay. The motion carried. See Ordinance Book 18 & SMB 136 Page 32.

B. Request to consider and approve a Land Offer and Purchase Agreement and a Warranty Deed

between Highlands County, David Parkin, and Edna Parkin. Clinton Howerton, Jr., County Engineer, presented the request. This public hearing was properly advertised and proof of publication was submitted to the Clerk to become part of the permanent record. Commissioner Elwell questioned if this purchase was coming from Fund 151 and if it was coming from the reserves. Randy Vosburg, County Administrator, stated that the funds are coming from the Project Land Account (19032), and that there will be a budget amendment in the future. Chairman Handley opened the floor to the public. Input was not provided. Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to consider and approve a Land Offer and Purchase Agreement and a Warranty Deed between Highlands County, David Parkin, and Edna Parkin. Upon roll call, all Commissioners voted aye. The motion carried. See County Deed file.

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C. Request approval of the Warranty Deeds and the Disclosure Statements for the dedication ofrights-of-way on Frontage Road and Saint John Street from Cow Slough, Inc. and PriceGroves, LLC.

Clinton Howerton, Jr., County Engineer, presented the request. This public hearing was properly advertised and proof of publication was submitted to the Clerk to become part of the permanent record.

Chairman Handley opened the floor to the public. Input was rece ived from Ray Royce.

Commissioner Tuck made a motion and Commissioner Harris seconded the motion, to move to approve the warranty deeds and disclosure statements for the dedication of right-of-way on Frontage Road and Saint John Street from Cow Slough, Inc. and Price Groves, LLC.

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

10. ACTIONCommissioner Harris made a motion and Commissioner Tuck seconded the motion, to move to set the actionagenda.


A. Request approval of the Agreement between Highlands County and Griffin Fence and Clearing,Inc., for the installation of Modified FDOT Type A Fence on the Panther Parkway (formerlySebring Parkway Phase III) for amount of $137,803.11; Highlands County Project No. 09021;FDOT Financial Project ID Number 420082 2 58 01.

Clinton Howerton, Jr., County Engineer, presented the request and addressed concerns raised by the Commission.

Public input was received from Annabel Humble and David Humble.

Mr. Humble stated that him and his neighbors have contemplated a 6-foot galvanized chain link fence. Chairman Handley stated that his only issue would be to have the fence run consistently on each property, and that the money that was to be used by the County for the Type A fence on their properties can be used for the upgrade, and the property owners can pay the difference.

Commissioner Tuck made a motion to move ahead with the fence that the County bid.

Chairman Handley passed the gavel to the Vice Chairman and seconded the motion.

After further discussion, the Commission concurred to give Mr. and Mrs. Humble 30 days to get with their neighbors on this issue and advise that the County will pay the portion that was to be used for the original fence (Type A fence) and the property owners with pay the difference. Randy Vosburg, County Administrator, stated that individual agreements would be needed for each property owner that enters into an agreement with the County. The Commission reiterated their request that the fence should run consistently on each property.

In order to streamline the process, the County Administrator stated that agreements could be modeled after the agreement that was (previously) made with Mr. Fuller, and that the Board could delegate authority to the County Administrator to sign those agreements.

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Commissioner Tuck restated her motion and then amended the motion to include the discussions above, giving the Humbles 30 days to get with their neighbors and enter into agreements with the County, and to delegate authority to the County Administrator to sign those agreements with the property owners. Commissioner Handley restated his second to the motion and seconded the amendment. Upon roll call, all Commissioners voted aye. The motion carried. See Griffin Fence & Clearing, Inc file. The Vice Chairman passed the gavel back to the Chairman.

B. Request approval of the Budget Amendment 19-20-068 and Resolution, and the Contract

Agreement between Highlands County Board of County Commissioners and Marmer Construction, Inc., for the replacement and upgrade of the Highlands County Courthouse Chiller system Project No. 18023.

Lance Marine, Capital Projects Manager, presented the request. Commissioner Handley declared a conflict of interest due to a family relation with Marmer Construction. A Memorandum of Voting Conflict form was submitted to the Clerk to become part of the permanent record. Commissioner Elwell made a motion and Commission Harris seconded the motion, to move to approve and execute the contract agreement with Marmer Construction, Inc., for the fixed amount of $588,112.00, and approve Budget Amendment 19-20-068 and Resolution for $43,302.45 to transfer design funds from Projects 19038 and 129039 for $110,000. Upon roll call, all Commissioners voted aye, except Commissioner Handley, who abstained. The motion carried. See Marmer Construction file, Res. Book 30 Page 149 & SMB 136 .


A. Pending Items/Projects Report Update Randy Vosburg, County Attorney, presented the County’s updated list of pending items/projects. See SMB 136 Page 34. Kyle Green, Road & Bridge Director, addressed the latest discussions with the Park Service. Mr. Vosburg gave a recap of the options available.

Option 1) We have an MOU in place with the Park Service that calls for vacation of the roadway and receive payment from the Park Service for fixing the bridge.

Option 2) Amend the current ordinance to allow for park traffic to come in, and amend the agreement to

cover cost of maintenance and the Park Service would pay the dollars that they committed to in the beginning.

Option 3) Open the road up, the roadway would not be vacated, and the ordinance would be amended to

allow for all traffic.

The County Administrator will bring this item back at the next meeting.

Commissioner Elwell requested that the 2020 Board Priorities be added to the pending items report.

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Mr. Vosburg stated that the moratorium for impact fees will expire in June of this year and questioned if the Commission was ready to move forward with a study to bring back impact fees or would they consider further extending the moratorium. The Commission concurred that they do not want to see impact fees come back at the moment and to extend the moratorium.

B. County Attorney Status ReportJoy Carmichael, County Attorney, presented the County Attorney’s status report. See SMB 136 Page 35.

Ms. Carmichael gave a brief update on the HC Waterworks town meeting and questioned if the Commission wished to move forward with sending a response to the Public Service Commission. The Commission concurred to send a letter based on citizen concerns. Ms. Carmichael will bring back a draft letter on March 17, 2020.

12. CITIZENS NOT ON THE AGENDARay Royce came before the Commission to address his support of the M-CORES Southwest-Central FloridaConnector Road and presented letters of support for the record. See SMB 136 Page 36.

13. COMMISSIONERSCommissioner Tuck stated that she met with Chief Marc Bashoor, Public Safety Director, and he assuredher that paramedics working for the County do not have to be dual-certified.


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REGULAR MEETING OF THE BOARD, MARCH 17, 2020


Commissioner William R. Handley Commissioner Don Elwell Commissioner James L. Brooks Commissioner Arlene Tuck

Commissioner R. Greg Harris




4. ANNOUNCEMENTS

The Children’s Services Council of Highlands County will hold a General Body meeting at 8:00 a.m., on March 25, 2020, in the Engineering Conference room, 505 S. Commerce Avenue, Sebring, FL. CANCELLED

The Heartland Library Cooperative will hold a meeting at 10:00 a.m., on March 18, 2020, at the Lake Placid Memorial Library, 205 W. Interlake Blvd., Lake Placid, FL. CANCELLED


Chairman Handley announced that all recognitions, presentations and proclamations listed below would be pulled from today’s agenda and heard on a different day.


A. County Administrator Randy Vosburg, Years of Service Awards. See SMB 136 Page 37.

B. M-Cores Overview (Multi-use Corridors of Regional Economic Significance) See SMB 136 Page38.

C. UF/IFAS Extension Highlands County Quarterly Update See SMB 136 Page 39.

Resolution declaring a local state of emergency. Joy Carmichael, County Attorney, presented the Resolution declaring a local state of emergency in Highlands County due to the Coronavirus (COVID-19) outbreak, and read the Resolution into the record. The Commission concurred to remove the last paragraph of the proposed Resolution, pertaining to the authorizing of members of the Board to execute an extension of the declaration .

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Commissioner Tuck made a motion and Commissioner Elwell seconded the motion, to move to approve the Resolution declaring a local state of emergency, as amended.

Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 30 Page 150.

Latosha Reiss, Emergency Management Manager, gave a brief update of the precautionary measures being taken by the County amidst the Coronavirus (COVID-19) pandemic. SMB 136 Page 40.

7. CONSENT AGENDACommissioner Brooks made a motion and Commissioner Harris seconded the motion, to move to approvethe consent agenda as presented.

Clinton Howerton, Jr., County Engineer, requested item 7M be removed from the agenda and brought back at a later time.

Commissioner Brooks amended his motion to include removal of item 7M. Commissioner Harris seconded the amendment.


A. Request approval to pay all duly authorized bills March 17, 2020. See Check Report file.

GENERAL FUND 213,722.17 COUNTY TRANSPORT TRUST 27,766.21 LOCAL GOVT INFRA SURTAX 11,493.00 TOURIST DEV TRUST FUND 15,058.54 SHIP 12,058.65 SEBRING PARKWAY MAINT 66.75 COURT TECH 28.24 (12)(E)1 1,421.08 BUILDING FUND 251.36 FIRE ASSESSMENT FUND 2,226.14 HCFPIRN LTD CAPITAL FUND 1,045.50 SOLID WASTE 23,776.74 ENERGY RECOVERY 18,233.37 INSURANCE FUND 68.89

B. Request approval to waive the Landfill Tipping Fees for the Great American Cleanup inHighway Park. See SMB 136 Page 41.

C. Request approval to waive the Landfill Tipping Fees for Placid Lakes HomeownersAssociation Annual Community Cleanup. See SMB 136 Page 42.

D. Request approval to waive the Landfill Tipping Fees for Placid Lakes HomeownerAssociations Annual Community Canal Cleanup. See SMB 136 Page 43.

E. Request approval to waive the Right-of-Way use permit fee of $400 for the Great AmericanCleanup campaign in Highway Park at Taylor Estates (corner of Taylor and Crestmore Drive).See SMB 136 Page 44.

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F. Request approval to move forward with the sale of County owned surplus property located at241 Sunnyside Dr., and provide the Chair the authority to execute the Sale and PurchaseAgreement for Available Property List Properties and Deeds. See SMB 136 Page 45.

G. Request approval to place the attached 321 properties to the "Available Property List" andinitiate the alternative sale method as provided in Ordinance 16-17-08. See SMB 136 Page 46.

H. Request approval to declare the indicated lists of Sebring Public Library materials surplusand allow items to be donated to the Sebring Friends of the Libraries, nonprofit. See SMB 136Page 47.

I. Acceptance of the Sebring Airport Authority Annual Financial Statement and Auditor’s Reportfor Fiscal Year Ending (FYE) September 30, 2019 into record. See Sebring Airport Authority file.

J. Request approval to appoint one (1) new member to the Historic Preservation Commission.See SMB 136 Page 48.

K. Request approval to designate Lead Worker classification to a Weed Control Technicianposition per Policy 405:5 of the Personnel Rules and Regulations Manual. See SMB 136 Page49.

L. Request approval to update title, pay grade, position duties and responsibilities, andminimum qualifications from the Lead Librarian position to a manager position. See SMB 136Page 50.

M. Request consideration of the Plat Recordation of Allison Subdivision. (Pulled from theagenda.) See SMB 136 Page 51.

N. Request approval for Budget Amendment 19-20-072 and associated Resolution to appropriateadditional revenue from program income. See Res. Book 30 Page 151 & SMB 136 Page 52.

O. Request approval of Budget Amendment 19-20-073 and accompanying Resolution toappropriate insurance proceeds from Preferred Govt Insurance Trust (PGIT). See Res. Book30 Page 152 & SMB 136 Page 53.

P. Request approval of Budget Amendment 19-20-074 and Resolution for purchase of land at 630S. Eucalyptus St. See Res. Book 30 Page 153 & SMB 136 Page 54.

Q. Request approval of a First Amendment to the Contract with Madden Media for the 2020 VisitSebring Travel Guide. See Madden Media file.

R. Request approval of Budget Amendment 19-20-076 to realign JAGC project (19027) budgetsfor approved expenditures within the General Fund. See SMB 136 Page 55.

S. Request approval of Budget Amendment 19-20-075 and Resolution to adjust and close outFund 350 funding in Project 09021 Sebring Parkway PH III. See Res. Book 30 Page 154 & SMB136 Page 56.

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T. Request approval of Budget Amendment 19-20-077 and Resolution to remove excess budgetdue to reclassification of expenses into prior fiscal year. See Res. Book 30 Page 155 & SMB136 Page 57.

U. Request approval to accept into the record the County Administrators Annual Report forFiscal Year 2018-2019. See BCC Annual Report file.

V. Request approval of Budget Amendment 19-20-071 and Resolution to approve Sheriff’s MiscRevenue and related Capital Expenditures and to realign budgets within the General Fund.See Res. Book 30 Page 156 & SMB 136 Page 58.

8. CONSENT AGENDA (2): Request approval to pay all bills with voting conflicts.Commissioner Elwell declared a conflict of interest due to a payment being made to Alan Jay, his currentemployer. A Memorandum of Voting Conflict form was submitted to the Clerk to become part of thepermanent record.

Commissioner Harris made a motion and Commissioner Tuck seconded the motion, to move approval to pay all bills with voting conflicts.

Upon roll call, all Commissioners voted aye, except Commissioner Elwell, who abstained. The motion carried. See Check Report file for copy of abstention form.

9. PUBLIC HEARINGSNo public hearings.

10. ACTIONCommissioner Tuck made a motion and Commissioner Harris seconded the motion, to move to set the actionagenda.


A. Clinton Howerton, Jr., County Engineer: Request to Vacate of Easement – 6958 Mexican HatDrive, Sebring, FL 33872.

Clinton Howerton, Jr., County Engineer, presented the request . A proof of publication was submitted to the Clerk to become part of the permanent record.


Commissioner Brooks made a motion and Commissioner Tuck seconded the motion, to move to approve the attached Resolution to vacate a portion of the existing drainage and utility easement , as described in the Resolution, effectively closing, vacating, abandoning, and discontinuing all rights of the County and the public, in and to the easement, and any lands in connection therewith.

Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 30 Page 157 & SMB 136 Page 59.

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B. Kyle Green, Road & Bridge Director: Request approval to initiate the reopening of the unpavedportion of Vaughn Road.

Kyle Green, Road & Bridge Director, presented the request and stated that staff is requesting that the Board approve to initiate the reopening of the unpaved portion of Vaughn Road. The Commission expressed their concerns.

Rob Livingston, property owner surrounding Vaughn Road, addressed the Board and requested that the County keep the road closed and that the gate be moved up to where the road was vacated, and that he will pay to move the gate to the hard road. Mr. Livingston addressed the names of those property owners in the area that are against reopening the road.

The Commission and staff addressed the issue in great detail. Joy Carmichael, County Attorney, stated that in regards to the Park Service paying for the maintenance on the road, it has been the Park’s legal position that the road should be opened and all park patrons have access, and that she will bring back an update after meeting with the Park Service.

Commissioner Brooks made a motion and Commissioner Tuck seconded the motion, to move approval of moving the gate to beyond where the pavement ends on Vaughn Road and where the cul-de-sac will be constructed, providing that Mr. Livingston will pay for (moving) the gate and give right-of-way for the turn-around; also, to have the County Attorney bring back an amendment to the current ordinance providing for these conditions.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 136 Page 60.

C. Joedene Thayer, Planning Supervisor, and Sandra Vazquez, Planner I: Request considerationand approval of a contest to create a logo for the Historic Preservation Commission.

Sandra Vasquez, Planner I, and Joedene Thayer, Planning Supervisor, presented the request and addressed concerns raised by the Commission.

Commissioner Harris made a motion and Commissioner Tuck seconded the motion, to move to approve the Historic Preservation Commission contest to create a logo that will help to promote Highlands County history.


D. Clinton Howerton, Jr., County Engineer: Request to approve and rank seventeen (17) FloridaDepartment of Transportation (FDOT) Grant Applications for various projects being submittedto FDOT for the FY 2022-2026 Five Year Work Program.

Clinton Howerton, Jr., County Engineer, and JD Langford, Assistant County Engineer, presented the request.

Commissioner Brooks made a motion and Commissioner Elwell seconded the motion, to move to approve and rank seventeen (17) Florida Department of Transportation (FDOT) Grant Applications for various projects being submitted to FDOT for the FY 2022-2026 Five Year Work Program.


E. Randy Vosburg, County Administrator, and David Nitz, OMB Manager: FY 20/21 PreliminaryBudget Outlook - General Fund

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David Nitz, Budget Manager, presented the FY 20/21 Preliminary Budget Outlook for the General Fund and addressed concerns raised by the Commission. The Commission concurred to ask the County Administrator and staff to be cognizant of expenditures. See SMB 136 Page 63.


A. County Attorney Status ReportJoy Carmichael, County Attorney, presented the County Attorney’s status report. See SMB 136 Page 64.

Commissioner Harris stated that he wants to make sure the County does not miss their window on responding to the Public Service Commission regarding HC Waterworks. The Commission concurred to have the County Attorney request a possible reimbursement to customers if the increa se has already been applied, and to bring back a draft letter before the Board for approval.

B. Commissioner's 2020 Priorities / Project Status ReportRandy Vosburg, presented the list of 2020 Commissioner Priorities and the pending items/projects report. See SMB 136 Page 65.

Mr. Vosburg addressed the precautions that the County is taking due to the Coronavirus (COVID -19) pandemic and that they are making preparations for some employees to work from home, if need be. Mr. Vosburg stated that for the next thirty (30) days, non-critical meetings and library programs have been cancelled and that building rentals have been suspended.


13. COMMISSIONERSCommissioner Elwell questioned the courthouse plan due to the Coronavirus (COVID-19) pandemic. JeromeKaszubowski, Business Services Director for the Clerk of Courts, stated that the Clerk’s Office is taking thesame posture as the Board, the courthouse will remain open until further notice, but that the Clerk’s ITDepartment is preparing for employees to work from home, where possible.

Commissioner Elwell reminded everyone that today is St. Patrick’s Day and Election Day for the Presidential Preference Primary and that all precincts are open until 7:00 p.m. tonight.

Commissioner Elwell gave a shout out to the Public Information Office for their efforts in disseminating fast and accurate communications to the public in these rapidly, evolving times.


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EMERGENCY MEETING OF THE BOARD, MARCH 24, 2020




Also present: Randy Vosburg, County Administrator; Joy Carmichael, County Attorney; Jerome Kaszubowski, Senior Director of Business Services for the Clerk of Courts; and Pamela Gamez, Deputy Clerk.

This meeting was properly advertised and a proof of publication was submitted to the Clerk to become part of the permanent record. See Proof of Publication file.



4. ACTION

A. Request approval of a Resolution renewing a declaration for a state of local emergency .Joy Carmichael, County Attorney, presented the Resolution providing for the extension of the state o f local emergency that was declared by the Highlands County Board of County Commissioners on Tuesday, March 17, 2020. Ms. Carmichael also stated that the Resolution provides for a period of duration of the state of local emergency to run concurrent with the period of duration of the state of emergency proclaimed by Florida Governor Ron DeSantis in Executive Order 20-52, unless the Board chooses to terminate Highlands County’s declaration of local emergency earlier than that of the Executive Order. The proposed Resolution also provides for provision of meetings of this Board to be conducted through the use of communications media technology, such as video conferencing, as provided in Section 120.54(5)(b)2 of the Florida Statutes.

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move approval of the Resolution renewing a declaration for a state of local emergency in Highlands County.


Regarding the April 7, 2020 Regular meeting, the Commission concurred to leave it as scheduled and adjust it later, if necessary.

Commissioner Elwell questioned if the Commission wished to entertain a possible shutdown in Highlands County that would help flatten the curve with the Coronavirus (CVOID-19) pandemic. After discussion, the Commission concurred to follow the State’s lead on this issue.

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Sheriff Paul Blackman stated that calls for service in the evenings have been low and that the Sheriff’s Office sees no need for setting a curfew or a lockdown at the moment.

Randy Vosburg, County Administrator, stated that an announcement will be released tomorrow to announce that parks will be closed, but that boat ramps will remain open. The Commission discussed the issue in great detail and concurred to follow the State’s recommendation to close the parks , but to keep the boat ramps open.

Mr. Vosburg addressed comments provided via the County’s Facebook page.

Patrick Hickey, Environmental Health Director with the Health Department, addressed the Board and stated that his opinion would be that boat ramps have minimal surface area to accumulate and pass along any germs. Mr. Hickey addressed the Health Department’s protocol once they receive a confirmed case for COVID-19. When asked how this compared to the 2009 H1N1 Pandemic (swine flu), Mr. Hickey stated that the Coronavirus is much worse. Mary Kay Burns, Health Department Administrator, stated that she has not heard of any possible statewide shutdowns coming from Tallahassee.

Latosha Reiss, Emergency Management Manager, addressed the efforts of the Emergency Management Office to facilitate resources, such as masks and gloves, for local hospitals, nursing homes, Emergen cy Medical Services, and the Sheriff’s Office. Commissioner Elwell questioned if Ms. Reiss, during conversations with the State, felt that the State is moving towards a shutdown. Ms. Reiss stated that the Governor has been reluctant to move towards a statewide shutdown, but are asking that citizens follow the stay-home recommendations.

Public input was received from Beverly Marshall.

Mr. Vosburg stated some County services are closed to the public and that some employees are allowed to work from home, where services are not impacted, and that accountability measures are in place to remain productive.

Mr. Vosburg also stated that the Government center, as of today, will remain open for public traffic for certain offices where services have to be done in person.

Mr. Vosburg stated that the Economic Development Commission and the Tourist Development Council are working to help business with assistance programs that the State is offering, and encouraged struggling businesses to reach out.

In regards to recycling, the Commission concurred to temporarily suspend recycling services and to encourage citizens to utilize the green recycling cart for garbage as well as the blue cart.

After further discussion, Chairman Handley stated that it was a consensus to follow the State’s lead at this point.

5. COMMISSIONERSNo report.


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REGULAR MEETING OF THE BOARD, APRIL 7, 2020

1. The meeting was called to order at 9:00 a.m. with the following members present through video-conferencing:




2. INVOCATIONThe meeting opened with a prayer led by Commissioner James Brooks.


4. ANNOUNCEMENTS

County Offices will be closed on Friday, April 10, 2020 in observance of the Good Friday Holiday. The County Landfill will remain open.

5. CONSTITUTIONAL OFFICERS – ANNOUNCEMENTS:Jerome Kaszubowski, Senior Director of Business Services for the Clerk of Courts, announced that in orderto minimize the possible impact of the COVID-19 virus, the Clerk of Courts has made the following changes,effective April 6, 2020:

All in-person payments at the courthouse have been suspended.

Payments can be made with a credit or debit card over the telephone by calling 863 -402-6830, or by a check mailed to: Clerk of Court, 590 S. Commerce Ave., Sebring, Florida 33870.

Only Highlands County residents will be issued marriage licenses.

In-County marriage licenses and Official Records recordings are still being processed in the Government Center.

Emergency injunctions are still being processed in the courthouse.

Electronic recordings and electronic court filings are still being accepted.

Mr. Kaszubowski also announced that yesterday the Supreme Court issued Administrative Order 20-23, which extends the suspension of all grand jury proceedings, jury selection proceedings, and criminal and civil trials through May 29, 2020. Also, all COVID-19-related procedure changes are posted on the Clerk’s webpage at www.hcclerk.org.

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http://www.hcclerk.org/

6. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS: Latosha Reiss, Emergency Management Manager, gave a brief update on the current status of the Coronavirus (COVID-19) pandemic for the State of Florida and for Highlands County. Ms. Reiss urged everyone to continue to practice good hygiene and remain safe as much as possible, and to limit essential activities and outings. Ms. Reiss also informed that the new recommendations from the CDC are to use a cloth-based cover when around others, but that this is not a substitute for social distanc ing; to please not put a cloth-based covering on children younger than two, those who have trouble breathing, or those who cannot remove the covering without assistance. Ms. Reiss stated that the County does not control who gets tested or the testing cri teria, and that the County cannot disclose any personal health data due to the Health Insurance Portability and Accountability Act (HIPAA). The Disaster Stress Hotline is activated and the number is 1-800-985-5990 or you can text “TalkWithUs” to 66746.

7. CONSENT AGENDA Chairman Handley stated that agenda items 7K, 7L, and 7M will be pulled from the agenda. Commissioner Elwell made a motion and Commissioner Tuck seconded the motion, to move to approve the consent agenda as amended. Upon roll call, all Commissioners voted aye. The motion carried.

A. Request approval to pay all duly authorized bills April 7, 2020. See Check Report file.

GENERAL FUND 943,941.18 COUNTY TRANSPORT TRUST 48,241.13 LOCAL GOVT INFRA SURTAX 17,532.00 TOURIST DEV TRUST FUND 15,560.00 SHIP 13,095.35 STATE COURT FACILITIES TF 270.00 COURT TECH 28.24 (12)(E)1 270.08 BUILDING FUND 41,302.80 FIRE ASSESSMENT FUND 9,609.74 HCFPIRN LTD CAPITAL FUND 4,510.00 SOLID WASTE 353,880.69 ENERGY RECOVERY 64,165.92 INSURANCE FUND 87,703.80

B. Request approval of the minutes for the following Regular Meetings of the Board: January 21,

2020; February 4 and 28, 2020; March 3 and 17, 2020. See Clerk of Courts website. C. Request to accept into the record the FY 2018/2019 Comprehensive Annual Financial Report

(CAFR), including approval of Management Responses. See SMB 136 Page 67.

D. Request approval to move forward with the sale of County owned surplus property located at 7735 Yumuri Street and provide the Chair the authority to execute the Sale and Purchase

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Agreement for Available Property List Properties and Deed. See County Deed file & SMB 136 Page 68.

E. Request approval to move forward with the sale of County owned surplus property located at 7801 Trevino Avenue, Sebring and provide the Chair the authority to execute the Sale and Purchase Agreement for Available Property List Properties and Deeds. See County Deed file & SMB 136 Page 69.

F. Request approval to convert the four (4) 40-hour firefighter EMT positions to two (2) 56-hour firefighter EMT positions and two (2) 56-hour firefighter Medic positions. See SMB 136 Page 70.

G. Request consideration of the First Amendment to the Escrow Agreement Between Highlands County, Harrell’s, LLC and Highlands County Clerk of the Court. See Harrell’s file.

H. Request approval of the contract between Highlands County and E.O. Koch Construction, Co. for the Unit 1 Barn Refurbish Project (17-039). (ITB 19-036). See E.O. Koch Construction file.

I. Request to approve and execute three Temporary Construction Easements in connection with the Sebring Parkway Phase II-A & II-B Project. See Sebring Parkway Phase II file.

J. Request to approve and execute the plat of Allison Subdivision for recordation. See Official Records PB 17 Page 41.

K. Request to rename the Northern Portion of Ben Eastman Road to Feather Avenue. (This item was pulled.) See SMB 136 Page 71.

L. Request to rename Entrance Road to Strand Street. (This item was pulled.) See SMB 136 Page 72.

M. Request to rename Bear Road to Meandering Drive. (This item was pulled.) See SMB 136 Page 73.

N. Request approval of a Letter of Agreement from the Highlands County Board of County Commissioners, Highlands County, Florida authorizing Polk County Crime Stoppers, Inc. dba Heartland Crime Stoppers to act as Highlands County’s agent for the purpose of applying for and receiving funding from the Crime Stoppers Trust Fund. See SMB 136 Page 74.

O. Request ratification of the Highlands County Board of County Commissioners Remote Work Program Policy that was implemented and effective March 18, 2020. See Policy file.

P. Request approval of a revision to Policy 603:3 Annual Leave Payout Policy in the Highlands County Personnel Manual. See Personnel Rules & Regulations file.

8. CONSENT AGENDA (2): Request approval to pay all bills with voting conflicts. Commissioner Elwell declared a conflict of interest due to a payment being made to Alan Jay, his current employer. Commissioner Handley declared a conflict of interest due to a payment being made Gray Dog Publishing, a family relation. Both Commissioners submitted a Memorandum of Voting Conflict form to the Clerk to become part of the permanent record.

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Commissioner Brooks made a motion and Commissioner Tuck seconded the motion, to move to approve the request to pay all bills with voting conflicts. Upon roll call, all Commissioners voted aye, except Commissioner Elwell and Commissioner Handley, who abstained. The motion carried. See Check Report file for copy of abstention forms.

9. PUBLIC HEARINGS No public hearings.

10. ACTION Commissioner Tuck made a motion and Commissioner Brooks seconded the motion, to move to set the action agenda. Upon roll call, all Commissioners voted aye. The motion carried.

A. Request approval of Budget Amendment 19-20-084 to realign funding of $840,818.00 in the EMS

cost center 5105 (Ambulance Service). Tasha Morgan, Business Services Director, presented the request and addressed concerns raised by the Commission. Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve Budget Amendment 19-20-084 to realign funding of $840,818.00 in the EMS cost center 5105. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 136 Page 75.


A. County Attorney Status Report Joy Carmichael, County Attorney, presented the County Attorney’s status report. See SMB 136 Page 76. Commissioner Harris questioned if the letter to the Public Service Commission had already gone out . Ms. Carmichael stated yes, that the letter asking the Public Service Commission to conduct an investigation and to ask HC Waterworks to make improvements to their water quality prior to a rate increase, has been sent. Ms. Carmichael also stated that the rate increase has been instituted, but that customers would get reimbursed if the Public Service Commission does not give final approval to the interim rate increase. Commissioner Harris requested that the Florida Department of Environmental Protection be n otified as well.

B. Commissioner's 2020 Priorities / Project Status Report

Randy Vosburg, presented the list of 2020 Commissioner Priorities and the pending items/projects report. See SMB 136 Page 77. Mr. Vosburg stated that the County has an EOC activation and that some employees are serving dual roles. Mr. Vosburg also stated that about 70% of the County’s workforce is not seeing a change in their daily duties , and that about 30% of employees have been facilitated with working from home; while less than 2% of employees are utilizing the FMLA federal program and staying home to care for their children since schools are closed.

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In regards to garbage pick-ups for commercial businesses, staff has spoken with Waste Connections to ask that relief be provided to businesses and only pick up garbage once a week, since twice a week is currently not necessary. This way, businesses are not paying for two pick-ups when they don’t need them. In regards to the Lake Jackson study, the Governing Board for the water management district decided that they did find value in the data that was already produced, therefore the County does not need to reimburse them for terminating the project. In regards to the fencing along the Panther Parkway, the Commission concurred to stay consistent with their decision from March 3, 2020, to move forward with the FDOT Type A field fence, but that the property owners had the option of going with their requested 6-foot galvanized chain-link fence, with the property owners paying the cost difference. Gloria Rybinski, Public Information Officer, read a comment from the public into the record. Clinton Howerton, Jr., County Engineer, questioned if the property owners come forward and offer to pay the difference, does staff proceed with agreements. The Commission concurred yes, but to add a calculation that would cover the cost difference of normal maintenance, as the maintenance cost is much higher for the type of fence they are asking for. Mr. Vosburg requested that a timeframe be placed for property owners to come forward, because the fencing company is waiting to put up the fence. The Commission concurred to give property owners a week to come forward. Mr. Vosburg stated that staff had enough direction to move forward and would give property owners a week to commit to an agreement before moving forward with the field fence. Ms. Rybinski read public comments into the record. Mr. Vosburg stated that a proposed burn ban will be brought before the Commission at the next Board meeting. Marc Bashoor, Public Safety Director, addressed the current drought index.

12. CITIZENS NOT ON THE AGENDA No participants.

13. COMMISSIONERS Commissioner Elwell inquired about a large garbage pick-up on Cloverleaf Road. Mr. Vosburg stated that the customer can coordinate with the County Engineer’s Office to have the garbage picked up. Commissioner Elwell also reminded everyone that April is Child Abuse Prevention Month. Commissioner Harris stated that he received a letter from Brenda Gray, Executive Director of the Heartland Coalition for the Homeless, asking where a homeless person would go if they became infected with the virus and are released to self-quarantine. Ms. Reiss stated that staff is compiling an application to request non -congregate housing from the State for individuals who become infected with COVID-19 and do not have a safe place to reside. The State and FEMA have to approve the application. Mr. Vosburg stated that staff will make sure that Ms. Gray is aware of this effort. Commissioner Harris questioned the addressing for The Bluffs. Mr. Vosburg stated the re -addressing has been placed on hold.

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Commissioner Brooks questioned the if the M-CORES meetings have been cancelled or will they be held online. The County Engineer will reach out for more information.

Commissioner Brooks also stated that the Tourist Development Council meeting will be held via video conferencing.

Commissioner Tuck stated that the Highlands Regional Transportation Planning Organization meeting will also be held via video conferencing.

Commissioner Handley stated that he appreciates all the hard work from staff and all th e constitutional offices working together to make it through these difficult times.


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EMERGENCY MEETING OF THE BOARD, APRIL 15, 2020





This emergency meeting was properly advertised and a copy of the notice was provided to the Clerk to become part of the permanent record. See Proof of Publication file.



4. PUBLIC HEARINGS

A. Public Hearing to consider an emergency Ordinance of the Board of County Commissioners ofHighlands County, Florida, adopted pursuant to the emergency enactment procedure of Section125.66(3), Florida Statutes, declaring a ban on burning without an authorization issued by theFlorida Forest Service; providing for conflict; providing for severability; providing forjurisdiction; providing for penalty; and providing for an effective date.

Chief Marc Bashoor, Public Safety Director, presented the current drought index and stated that it is extremely dry.

Joy Carmichael, County Attorney, read the proposed Ordinance into the record.

Chairman Handley called for public comment. Public input was not provided.

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to adopt the Ordinance.

Upon roll call, all Commissioners voted aye. The motion carried. See Ordinance Book 18.

5. COMMISSIONERSNo further comments.


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041520Emergency

REGULAR MEETING OF THE BOARD, APRIL 21, 2020





2. INVOCATIONThe meeting opened with a prayer led by Rev. Dustin Woods, with Grace Bible Church.


4. ANNOUNCEMENTS

Randy Vosburg, County Administrator, asked that meeting partic ipants please ask to be recognized so that the Chair knows who is speaking and to please specify their names before making a motion or voting. For the public that is in attendance, the Q&A section is available for public comments and questions.

The Highlands Soil & Water Conservation District will meet today at 3:00 p.m. via GoTo Meeting Tele -Conference. Anyone wishing to participate in the meeting can call 863 -402-7020.

5. CONSTITUTIONAL OFFICERS – ANNOUNCEMENTS:No report.


A. Request approval of a Proclamation recognizing April as “Donate Life Month” in HighlandsCounty.

Commissioner Brooks read the Proclamation into the record.

Commissioner Elwell made a motion and Commissioner Tuck seconded the motion, to move to approve the Proclamation as read into the record.


B. Request for approval of a Proclamation declaring the month of April 2020 as “Child AbusePrevention Month”.

Commissioner Elwell read the Proclamation into the record.

Commissioner Harris made a motion and Commissioner Brooks seconded the motion, to move to approve the Proclamation declaring the month of April 2020 as “Child Abuse Prevention Month”.

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C. Request approval of a Proclamation recognizing April 2020 as “Water Conservation Month”.

Commissioner Tuck read the Proclamation into the record. Commissioner Brooks made a motion and Commissioner Elwell seconded the motion, to move to approve the Proclamation. Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 30 Page 161 & SMB 137 Page 3.

D. Request approval of a Proclamation observing April as “Sexual Assault Awareness Month” .

Commissioner Harris read the Proclamation into the record. Commissioner Tuck made a motion and Commissioner Brooks seconded the motion, to move to approve the Proclamation observing April as “Sexual Assault Awareness Month”. Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 30 Page 162 & SMB 137 Page 4.

Latosha Reiss, Emergency Management Manager, gave a brief update on the current status of the Coronavirus (COVID-19) pandemic for the State of Florida and for Highlands County. Ms. Reiss stated that the County has been approved for non-congregate sheltering and that once these facilities are ready to be utilized, requests would go through Emergency Management. Ms. Reiss informed that there are several National Guard teams that have formed Instant Management Teams who are traveling throughout the state going to assisted living facilities and long-term care facilities to test the residents and staff of those facilities and ensure that they are practicing safety measures and appropriate PPE. Ms. Reiss stated that the County has requested that our facilities be placed on that list. Public comments were read into the record and addressed accordingly.

7. CONSENT AGENDA Commissioner Harris made a motion and Commissioner Tuck seconded the motion, to move to approve the consent agenda as amended. Upon roll call, all Commissioners voted aye. The motion carried.

A. Request approval to pay all duly authorized bills April 21, 2020. See Check Report file.

GENERAL FUND 160,280.43 COUNTY TRANSPORT TRUST 39,212.05 LOCAL GOVT INFRA SURTAX 407,427.58 TOURIST DEV TRUST FUND 31,325.85 HOSPITAL DISTRICT 2,222.00 SEBRING PARKWAY MAINT 4,360.95 STATE COURT FACILITIES TF 2,693.84 LEGAL AID TRUST FUND 4,237.20

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BUILDING FUND 243.28 FIRE ASSESSMENT FUND 4,097.30 HCFPIRN LTD CAPITAL FUND 1,045.50 SOLID WASTE 8,869.12 ENERGY RECOVERY 66,214.39 EMPLOYEE BENEFIT FUND 77,764.32

B. Request approval of Budget Amendment #19-20-086 for reallocation of funds within Project

09021 (Sebring Parkway Phase III) in the amount of $10,000. See SMB 137 Page 5.

C. Request to approve and execute the plat of Grant Karlson Corner for recordation. See Official Records.

D. Request approval of Budget Amendment 19-20-090 and Resolution to reallocate Fund Balance Brought Forward to Project 19047 – Restripe of Sebring Parkway Phase I & II. See Res. Book 30 Page 163 & SMB 137 Page 6.

E. Request approval to declare the attached list of 27 County owned properties as surplus and grant permission to solicit offers to purchase through the County's bid process. See SMB 137 Page 7.

F. Request approval of Subrecipient Risk Assessment and Monitoring Policy . See Policy file.

G. Request approval of Budget Amendment 19-20-089 to replace a rooftop A/C unit on the Probation & Parole building. See SMB 137 Page 8.

H. Request acceptance of grant award & approval of Budget Amendment 19-20-095 and Resolution to setup COVID19 emergency response project funds within the General Fund. See Res. Book 30 Page 164 & SMB 137 Page 9.

8. CONSENT AGENDA (2): Request approval to pay all bills with voting conflicts. There being no further items with potential voting conflicts, this item was not motioned for approval.

9. PUBLIC HEARINGS

A. Public hearing to consider adoption of P&Z Hearing No. 2052, changing the Official Zoning Atlas for approximately 376.07 acres, from Residential District (R-1A) to Agricultural District (AU).

Melony Culpepper, Planner II, presented the request. This public hearing was properly advertised and a proof of publication was submitted to the Clerk to become part of the permanent record. Ms. Culpepper questioned if any of the Commissioners held ex parte communications concerning this hearing. Commissioner Brooks stated that he received a phone call from Mr. Chad Pritchett asking if he ha d any concerns regarding the request and stated that he did not have any questions or concerns. Commissioner Elwell stated that he too received a phone call from Mr. Chad Pritchett asking if the request was going to be scheduled on this agenda. Commissioners Handley, Tuck and Harris stated that they did not have any ex parte communications. Chairman Handley called for public comment. Public input was not provided.

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Commissioner Brooks made a motion and Commissioner Harris seconded the motion, to move t o approve and adopt by Resolution, P&Z Hearing No. 2052, changing the Official Zoning Atlas for approximately 376.07 acres from Residential District (R-1A) to Agricultural District (AU), referencing the mandatory findings of fact and becoming effective as provided by law. Upon roll call, all Commissioners voted aye. The motion carried. See Zoning Change file & Res. Book 30 Page 165.

B. Public hearing to consider adoption of P&Z Hearing No. 2051, changing the Official Zoning Atlas

for approximately 12.02 acres, from Residential with a Flexible Unit Development District (R-1 FUD) to Estate District (EU).

Dana Riddell, Planner I, presented the request. This public hearing was properly advertised and a proof of publication was submitted to the Clerk to become part of the permanent record. Ms. Riddell questioned if any of the Commissioners held ex parte communications concerning this hearing. All C ommissioners stated no. Chairman Handley called for public comment. Ms. Riddell addressed the questions that were submitted. Commissioner Tuck made a motion and Commissioner Elwell seconded the motion, to move to approve and adopt by Resolution, P&Z Hearing No. 2051, changing the Official Zoning Atlas for approximately 12.02 acres, from Residential with a Flexible Unit Development District (R-1 FUD) to Estate District (EU), referencing the mandatory findings of fact and becoming effective as provided by law. Upon roll call, all Commissioners voted aye. The motion carried. See Zoning Change file & Res. Book 30 Page 166.

C. An Ordinance amending subsections (3) of Section 13-29, of Chapter 13 of the Code of

Ordinances, Highlands County, Florida; Providing for payment of Impact Fees; Providing for severability; Providing for conflict; Providing for inclusion in the Code; and Providing for an effective date.

Clinton Howerton, Jr., County Engineer, presented the request and read the caption of the ordinance into the record. This public hearing was properly advertised and a proof of publication was submitted to the Clerk to become part of the permanent record. Chairman Handley suggested that the payment of impact fees be suspended for three years instead of two, as proposed. Commissioner Harris, Commissioner Brooks, and Commissioner Tuck concurred with the chairman. Commissioner Elwell stated that he would rather suspend the payment of impact fees for two years and extend the date later on if need be. Commissioner Brooks made a motion and Commissioner Tuck seconded the motion, to move to approve the Ordinance amending subsection (3) of Section 13-29, of Chapter 13 of the Code of Ordinances, Highlands County, Florida; Providing for payment of Impact Fees; Providing for severability; Providing for conflict; Providing for inclusion in the Code; and Providing for an effective date; changing the suspension date through June 30, 2023, instead of 2022. Chairman Handley called for public comment. Karen Clogston, Public Information Assistant, addressed the comments provided by the public. Upon roll call, all Commissioners voted aye, except Commissioner Elwell, who voted nay. The motion carried. See Ordinance Book 18 & SMB 137 Page 10.

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

A. Request approval to move forward with the sale of 41 County owned surplus properties and

provide the Chair the authority to execute the Sale and Purchase Agreements and Deeds. Tasha Morgan, Business Services Director, presented the request . Commissioner Elwell made a motion and Commissioner Tuck seconded the motion, to move to approve the sale of 41 County owned surplus properties and provide the Chair the authority to execute the Sale an d Purchase Agreements and Deeds. Chairman Handley called for public comment. Ms. Clogston addressed the public comments. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 1376 Page 11.

B. Nationwide 457 Deferred Compensation Plan Updated Plan Agreements.

Rebecca Cable, HR Manager, presented the request. Mr. David Bazzel, with Nationwide, addressed the Board. Commissioner Tuck made a motion and Commissioner Elwell seconded the motion, to move to approve the updated agreements with Nationwide, implementing changes to the County’s 457 Deferred Compensation Plan, subject to legal review. Upon roll call, all Commissioners voted aye. The motion carried. See Nationwide file.


A. County Attorney Status Report Joy Carmichael, County Attorney, presented the County Attorney’s status report. Chairman Handley requested a list of the items that the outside counsel is working on. See SMB 137 Page 12.

Ms. Carmichael stated that staff has received a letter from HC Wate rworks in response to the County’s concerns. Ms. Carmichael also stated that the Department of Environmental Protection stated to her that they did not have concerns on record in regards to HC Waterworks and that they do not have knowledge of the water quality being under compliance. Commissioner Elwell suggested that a letter be sent thanking them for their proactive steps in improving the water quality and stating that citizens affected by the rate increase are on fixed incomes and to possibly stretch this increase out.

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to send a letter in the manner as laid out.

Ms. Carmichael asked if he would like to ask for FDEP to provide an updated analysis of the water and place in HC Waterwork’s file. Commissioner Elwell concurred to add this to the motion, and also to provide in the letter some history detailing the issues. Commissioner Elwell also added for the Chair to sign the letter once it is drafted.

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Commissioner Brooks stated that a big portion of the rate increase is based on the cost of relocating the water lines under Josephine Drive and that this should be ment ioned in the letter as well.


B. Commissioner's 2020 Priorities / Project Status ReportRandy Vosburg, presented the list of 2020 Commissioner Priorities and the pending items/projects report . See SMB 137 Page 13.

Mr. Vosburg questioned if all the Commissioners were on board with the May 19, 2020 workshop related to waste collection and recycling. The Commission concurred to schedule the workshop following the May 19, 2020 regular meeting of the Board.

In regards to the hiring pause, Mr. Vosburg stated that a form will be provided to Board directors so that they can review open positions and address the criteria that it would take to release one of those positions. He stated that they are not looking to hire, but are undergoing the process to know what would go undone if a position is not filled.

Mr. Vosburg also stated that he plans to advertise the assistant county administrator position to start receiving applications, unless there was an objection from the Board. The Commission concurred to move forward with this listing.

In regards to the Lake Denton fence issue, Mr. Vosburg stated that staff has moved forward with the field fence as originally proposed and budgeted, as they could not get all of the residents to agree with a plan that was consistent with the perimeters that the Commission directed.

In regards to the fire study, Mr. Vosburg stated that if the Board wishes to do a formal consultant update, then they need to move in the direction of procuring a consultant to look at the study, or if the Board wishes to, staff will take a look at the data and bring updated numbers to the Board. The Commission concurred to do this in-house.

Mr. Vosburg stated that over 60 people were watching today’s meeting and he feels that all questions that came through were addressed. In regards to a question asking if firefighters were going to be tested, Mr. Vosburg stated no, that they do have a set protocol for testing that has been vetted with the medical director, and that tests are available if there is a potential exposure and depending on the level of exposure.

In regards to a COVID-19 update, Mr. Vosbrug stated that the Executive Order from the governor is set to expire on April 30th and that there are other jurisdictions that have put in a place a safer-at-home local order. The Commission concurred to monitor the recommendations of the governor and to schedule a special meeting for April 28, 2020 at 9:00 a.m. to follow those recommendations.

12. CITIZENS NOT ON THE AGENDAMs. Clogston read into the record a comment from Ms. Michelle Gresham. Mr. Vosburg addressed herconcerns and deferred some of the comments to the County Engineer regarding the lighting in certainintersections.

13. COMMISSIONERS: No further comments.


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REGULAR MEETING OF THE BOARD, MAY 5, 2020







4. ANNOUNCEMENTS

The Highlands County Planning & Zoning Commission and the Zoning Board of Adjustment & the Local Planning Agency will hold a meeting via teleconference on Tuesday, May 12, 2020 at 3:00 p.m. or as soon thereafter as possible.

The Value Adjustment Board will meet on Thursday, May 14, 2020 at 9:00 a.m. The meeting will be conducted telephonically at 600 S. Commerce Ave., Sebring, FL.

The Children’s Services Council of Highlands County CAC Advisory Board Subcommittee will hold a meeting that will be conducted via a Teams Live Meeting at 10:00 on Friday, May 15, 2020.

5. CONSTITUTIONAL OFFICERS – ANNOUNCEMENTS:Jerome Kaszubowski, Senior Director of Business Services for the Clerk of Courts, announced that theNational Day of Prayer will be observed virtually on Thursday, May 7, 2020 at 11:00 a.m. , and urgedeveryone to join in individually.

Chairman Handley stated that a couple agenda items would be shifted in order for some of the Board members to fulfill other obligations. Item #9 will be heard first, then followed by item 6G.

Commissioner Brooks made a motion and Commissioner Elwell seconded the motion, to move to rearrange the agenda to hear item 9A first, then item 6G.



A. Legislative Affairs and Grants Coordinator Update.

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Sydney Armstrong, Legislative Affairs and Grants Coordinator, provided an update to the Commission on the 2020 Legislative Session highlights, grants efforts, and position activities. The Commission thanked Ms. Armstrong for the presentation. See SMB 137 Page 15.

B. Request for approval of a Proclamation recognizing the week of May 3-9, 2020 as Public ServiceRecognition Week in Highlands County.

Randy Vosburg, County Administrator, read the Proclamation into the record.

Commissioner Elwell made a motion and Commissioner Tuck seconded the motion, to move approval of a Proclamation recognizing the week of May 3-9, 2020 as Public Service Recognition Week in Highlands County.

Chairman Handley called for public comment. Input was not provided.


C. Request approval of a Proclamation recognizing May 7, 2020 as "Law Day" in Highlands County.April Rolle, president of the Highlands County Bar Association, read the Proclamation into the record.

Commissioner Tuck made a motion and Commissioner Brooks seconded the motion, to move approval of a Proclamation recognizing May 7, 2020 as “Law Day” in Highlands County.



D. Request approval of a Proclamation recognizing May 2020 as "Older Americans Month" inHighlands County, FL.

Randy Vosburg, County Administrator, read the Proclamation into the record.

Commissioner Tuck made a motion and Commissioner Harris seconded the motion, to move approval of a Proclamation recognizing May 2020 as “Older Americans Month” in Highlands County, FL.



E. Request approval of a Proclamation recognizing May 18, 2020 as "International Museum Day"in Highlands County.

Commissioner Brooks read the Proclamation into the record.

Commissioner Elwell made a motion and Commissioner Tuck seconded the motion, to move approval of a Proclamation recognizing May 18, 2020 as “International Museum Day” in Highlands County.

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Chairman Handley called for public comment. Input was not provided. Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 30 Page 171 & SMB 137 Page 19.

F. Request approval of a Proclamation recognizing May 3-9, 2020 as "National Travel and Tourism

Week" in Highlands County, Florida. Casey Wohl Hartt, TDC Lead Marketing Consultant, read the Proclamat ion into the record. Commissioner Brooks made a motion and Commissioner Tuck seconded the motion, to move approval of a Proclamation recognizing May 3-9, 2020 as “National Travel and Tourism Week” in Highlands County, Florida. Chairman Handley called for public comment. Input was not provided. Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 30 Page 172 & SMB 137 Page 20. Ms. Hartt stated that the Tourism Luncheon has been rescheduled for September 2, 2020.

G. Update on the status of the Employee Benefit Fund as of March 31, 2020.

Tasha Morgan, Business Services Director, presented the request and addressed concerns raised by the Commission. The Commission thanked Ms. Morgan for the report. See SMB 137 Page 21.

7. CONSENT AGENDA Commissioner Tuck requested item 7C be pulled and brought back at the next meeting. Commissioner Brooks made a motion and Commissioner Tuck seconded the motion, to move to approve the consent agenda as amended, removing item 7C for a future meeting. Chairman Handley called for public comment. Input was not provided. Upon roll call, all Commissioners voted aye. The motion carried.

A. Request approval to pay all duly authorized bills May 5, 2020. See Check Report file.

GENERAL FUND 3,332,635.58 COUNTY TRANSPORT TRUST 30,430.09 LOCAL GOVT INFRA SURTAX 484,266.98 TOURIST DEV TRUST FUND 1,750.00 SHIP 44.80 FIRE INSPECTION 119.09 SEBRING PARKWAY MAINT 1,764.53 COURT TECH 28.24 (12)(E)1 24.92 BUILDING FUND 387.90 FIRE ASSESSMENT FUND 16,369.82 SOLID WASTE 19,858.11 ENERGY RECOVERY 220,020.49 INSURANCE FUND 68.89

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B. Request approval to accept into the record the presentation of the Interim Financial Report of

Key Operating Performance Measures as of March 31, 2020. See Clerk’s Reporting file.

C. Contract agreement between Highlands County and Weidner Law to foreclose on appropriate open code enforcement liens. This item was pulled from the agenda. See SMB 137 Page 22.

D. Repealing Resolution 05-06-191 and any other adopted forms for warning notices and citations issued by a code enforcement officer. Res. Book 30 Page 173 & SMB 137 Page 23.

E. Request approval of a resolution to establish a public hearing date of June 16, 2020 to consider closing a platted 40-foot Right of Way now known as Barkley Street. See Res. Book 30 Page 174 & SMB 137 Page 24.

F. Request for consideration of the Plat Recordation of Palmetto Lake Groves Road. See Official Records and Palmetto Lake Groves Road file.

G. Request to approve and execute the plat of Prairie Wood Phase 1 for recordation and the associated Maintenance Agreement. See Official Records & Prairie Wood Phase 1 file.

H. Request approval of a 90-day extension of our banking services with TD Bank for banking services, beginning on May 11, 2020 and ending on August 10, 2020. See TD Bank file.

I. Request approval of Budget Amendment 19-20-094, project 18062 Florida's Network of Children's Advocacy Center. See SMB 137 Page 25.

J. Request approval of Budget Amendment 19-20-096 and Resolution for Fund 181 to reimburse Fund 005 for the initial fire assessment feasibility study. See Res. Book 30 Page 175 & SMB 137 Page 26.

K. Request approval of Budget Amendment 19-20-097 and accompanying Resolution to bring fund balance forward for the TDC Lakes Promotions account in the amount of $8,000.00 and to appropriate funds for the printing of fishing guides and promote the County Lakes through fishing influencers. See Res. Book 30 Page 176 & SMB 137 Page 27.

8. CONSENT AGENDA (2): Request approval to pay all bills with voting conflicts. Commissioner Elwell declared a conflict of interest due to a payment being made to Alan Jay, his current employer. A Memorandum of Voting Conflict form was submitted to the Clerk to become part of the permanent record. Commissioner Harris made a motion and Commissioner Brooks seconded the motion, to move to pay all bills with voting conflicts. Upon roll call, all Commissioners voted aye, except Commissioner Elwell, who abstained. The motion carried. See Check Report file for copy of abstention form.

9. PUBLIC HEARINGS

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A. Proposed Ordinance amending Chapter 2 pertaining to Code Enforcement, increase in fines,trespass warnings, and facility general rules.

Linda Conrad, Zoning Supervisor, presented the request. A proof of publication was submitted to the Clerk to become part of the permanent record. Ms. Conrad read the caption of the Ordinance into the record.

Commissioner Harris made a motion and Commissioner Brooks seconded the motion, to move to approve amending Chapter 2 pertaining to Code Enforcement, increase in fines, trespass warnings, and facility general rules.


Upon roll call, all Commissioners voted aye. The motion carried. See Ordinance Book 18 & SMB 137 Page 28.

10. ACTIONChairman Handley stated that item 10B will be removed from the agenda and brought back at the nextmeeting.

Commissioner Tuck made a motion and Commissioner Brooks seconded the motion to move to set the action agenda as amended.


A. Request approval of the Contract Agreement between Highlands County Board of CountyCommissioners and Montz Builders, Inc. for the interior buildout of the New Highlands CountyPublic Safety Headquarters building, Project No. 18034.

Lance Marine, Capital Projects Manager, presented the request, and along with Chief Marc Bashoor, Public Safety Director, addressed concerns raised by the Commission.

Commissioner Brooks made a motion and Commissioner Harris seconded the motion, to move to approve and execute the contract agreement between Highlands County Board of County Commissioners and Montz Builders, Inc. to build out the New Highlands County Public Safety Headquarters building for the fixed amount of $835,994.


Upon roll call, all Commissioners voted aye. The motion carried. See Montz Builders, Inc file.

B. Request approval to move forward with the sale of County owned surplus property located at277 Tulip Dr. Lake Placid, 357 Showboat Ave. Lake Placid, 374 Showboat Ave. Lake Placid andprovide the Chair the authority to execute the Sale and Purchase Agreement for AvailableProperty List Properties and Deeds.

This item was pulled from the agenda. See SMB 137 Page 29.


A. County Attorney Status Report

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Joy Carmichael, County Attorney, presented the County Attorney’s status report and addressed concerns raised by the Commission. Chairman Handley requested a list of the items the outside counsel is working on. See SMB 137 Page 30.

In regards to the Vaughn Road issue, the Commission concurred to consider an ordinance at the next meeting. In regards to the repeal of the Burn Ban Ordinance, the Public Safety Director stated that an ordinance will be brought forward at the next meeting.


Randy Vosburg, County Administrator, presented the list of 2020 Commissioner Priorities and the pending items/projects report. See SMB 137 Page 31. In regards to Ms. Michelle Gresham’s question concerning pet -friendly shelters and if the public will have input, Mr. Vosburg stated that this item will eventually come before the Board and that the bill requiring pet -friendly shelters has not been signed by the Governor . Mr. Vosburg provided an update on staff’s efforts to secure a facility that can be turned into a pet-friendly shelter. Latosha Reiss, Emergency Management Manager, gave an update on the Coronavirus (COVID-19) pandemic for the State of Florida and for Highlands County and addressed Phase 1 for Florida’s recovery (Executive Order 20-112). In regards to the opening of parks, the Commission concurred to proceed with a message regarding social distancing and to move forward with the opening of parks. Mr. Vosburg stated that park facilities will not be available for rent at this time. Commissioner Elwell suggested that Mr. Vosburg reach out to the School Board of Highlands County regarding their park. Mr. Vosburg stated that staff is planning a phased-in approach to open the libraries. Leah Sauls, Community Programs Director, gave an update on the current functioning of the libraries. Mr. Vosburg stated that about 30% of the County’s workforce is on telecommute and that the plan is to keep it like this for a couple of weeks and to re-examine the reduction of telecommuting as things move forward. In regards to Board meetings, Mr. Vosburg stated that starting with the May 19, 2020 Board meeting, meetings will return to being held in the Boardroom, with social distancing guidelines being followed. Mr. Vosburg stated that there are currently 50 vacant positions throughout various County departments and that he has released three positions so far. Mr. Vosburg stated that the intention is to save as many dollars as possible, while still keeping the essential functions of the County going.

12. CITIZENS NOT ON THE AGENDA Mr. Vosburg read into the record and addressed comments from the public. Ms. Michelle Gresham asked that the County not open and that they were not in compliance with the CDC. Mr. Vosburg stated that the State is implementing Phase 1 and that staff is working with local facilities to get more testing because it is crucial as they start opening.

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Mr. Barry Foster questioned how many calls have come into the County hotline since its inception. Ms. Reiss will provide that information to the Public Information Officer.

Ms. Michelle Gresham also questioned if parks will be opening. Mr. Vosburg stated that County parks will be opening and that a message will be sent out advising of social distancing guidelines and to inform patron s that playground equipment will not be sanitized. Facilities will not be rented out for organized events at the moment.

In regards to a comment stating that a decrease in cases has not been seen for 14 days, Mr. Vosburg stated that the criteria that the state and federal level are looking at is a decline in new cases and that the curve is on the downswing.

A question came in asking if school daycares would be opening for those needing to get back to work. Mr. Vosburg stated he will defer this question to the School Board.

13. COMMISSIONERS:

Commissioner Elwell stated that he appreciates the sacrifices County employees are making, handling the workload with less staff.

Commissioner Brooks thanked County staff and departments for the good job that they a re doing and that he appreciates them all.

Commissioner Tuck questioned if the workshop regarding Solid Waste was still taking place on May 19 th. Mr. Vosburg stated yes.

Commissioner Handley stated that he appreciates staff, the Constitutional Officers and the hospital for working together and keeping everyone informed.


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REGULAR MEETING OF THE BOARD, MAY 19, 2020






3. PLEDGE OF ALLEGIANCEThe Pledge of Allegiance was led by Commissioner Don Elwell.

4. ANNOUNCEMENTS

The Local Mitigation Strategy Working Group will hold a regular meeting at 8:00 a.m., on May 20, 2020, via a Teams live meeting at https://hcfl.info/LMSMeeting.

A Public Hearing of the Highlands County Code Enforcement Special Magistrate, Pamela T. Karlson, will be held via a Teams teleconference on May 21, 2020 at 1:30 p.m. at https://hcfl.info/SpecialMagistrate.

The Board of Commissioners of the Highlands County Hospital District will meet at 1:15 p.m., on Thursday, May 28, 2020, in the Highlands County Commission Board Room, 600 South Commerce Avenue, Sebring, Florida.

The Highlands Soil & Water Conservation District Board will meet today at 3:00 p.m., via a GoTo Meeting teleconference. Anyone wishing to participate can call 863-402-7020.

5. CONSTITUTIONAL OFFICERS – ANNOUNCEMENTS:Jerome Kaszubowski, Senior Director of Business Services for the Clerk of Courts , announced that theSupreme Court has issued the suspension of all jury proceedings and trials through July 2, 2020, and thatthe Clerk’s Office is waiting for further orders from the courts. Mr. Kaszubowski stated that payments arestill being taken online and that Official Records and marriage licenses are still being processed.


A. Request approval of a Proclamation recognizing May 17-23, 2020 as "Emergency MedicalServices Week".

Chief Marc Bashoor, Public Safety Director, presented the request and read the Proclamation into the record.

Commissioner Harris made a motion and Commissioner Brooks seconded the motion, to move approval of the Proclamation recognizing May 17-23, 2020 as “Emergency Medical Services Week”.

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https://hcfl.info/LMSMeeting

https://hcfl.info/SpecialMagistrate


B. MCORES Program Overview Presentation from Florida Department of Transportation .

Mr. Walter Breuggeman, Project Engineer with FDOT, gave an overview presentation on the Multi-Use Corridors of Regional Economic Significance (MCORES) and addressed concerns raised by the Commission. Public input was received from Ray Royce. The Commission thanked Mr. Breuggeman for the presentation. See SMB 137 Page 33.

7. CONSENT AGENDA Chairman Handley stated that items 7I and 7J would be pulled from the agenda, as it has been announced that the Dixie Youth Baseball Tournaments have been cancelled. Commissioner Tuck requested item 7O be moved to the action agenda for discussion. Commissioner Elwell questioned item 7G. Casey Wohl, TDC Lead Marketing Consultant, addressed his concerns. Commissioner Elwell made a motion and Commissioner Tuck seconded the motion, to move to approve the consent agenda, with the removal of items 7I and 7J, as well as moving item 7O to the action agenda. Upon roll call, all Commissioners voted aye. The motion carried.

A. Request approval to pay all duly authorized bills May 19, 2020. See Check Report file.

GENERAL FUND 130,635.96 COUNTY TRANSPORT TRUST 52,205.29 LOCAL GOVT INFRA SURTAX 26,137.05 TOURIST DEV TRUST FUND 21,869.61 SHIP 165.45 SEBRING PARKWAY MAINT 5,097.61 LEGAL AID TRUST FUND 4,240.38 COURT TECH 28.24 (12)(E)1 8,904.81 BUILDING FUND 1,772.51 FIRE ASSESSMENT FUND 16,972.93 SOLID WASTE 11,497.24 ENERGY RECOVERY 83,855.21 EMPLOYEE BENEFIT FUND 110,068.50

B. Request approval of the following Board of County Commissioners meeting minutes: March 24,

2020 Emergency Meeting; April 7, 2020 Regular Meeting; April 15, 2020 Emergency Meeting, and April 21, 2020 Regular Meeting. See Clerk of Courts website.

C. Request approval to accept into the record the Court-Related and Other Miscellaneous Funds Revenue and Expenditures for the Board of County Commissioners. See SMB 137 Page 34.

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D. Request approval of the Local Agency Program (LAP) Agreement between the State of Florida

Department of Transportation (FDOT) and Highlands County for the design, construction, and construction engineering and inspection (CEI) of a five (5) foot wide sidewalk along the right -of-way of Sun-N-Lake Boulevard (North Side) from West of Columbus Boulevard to East of Columbus Boulevard in Sebring for an approximate distance of 1,600 linear feet in the total grant amount of $231,146.00 in conjunction with the accompanying Resolution. See FDOT file & Res. Book 30 Page 178.

E. Request approval of the proposed Memorandum of Understanding between Polk, Hardee, and

Highlands County to establish a Transportation Plan; organizing a centralized system for acute care services in compliance with Florida Statute Section 394.462. See DCF file.

F. Request approval of Second Amendment to Agreement for the Insurance Agent of Record for

employee health benefits with Gehring Group, Insurance Agent of Record. See Gehring Group file.

G. Request approval of the new TDC Grant Funding Categories & Overviews, Community Event

Grant Funding Program, High Impact Signature Event Grant Funding Program, New Event Grant Funding Program, Special Event/Conference Grant Funding Program and Sport Event Grant Funding Program. See SMB 137 Page 35.

H. Request approval to move forward with the direct sale of five (5) County owned surplus

properties and provide the Chair the authority to execute the Sale and Purchase Agreement for Available Property List Properties and Deeds. See County Deed file & SMB 137 Page 36.

I. Request approval of a Tourist Development Tax Grant in the amount of $5,000 to the Youth Baseball of Sebring, Inc. for Hosting Fees for the 2020 Florida Dixie Youth Baseball AAA State Tournament. This item was pulled from the agenda. See SMB 137 Page 37.

J. Request approval of a Tourist Development Tax Grant in the amount of $5,000 to the Youth

Baseball of Sebring, Inc. for Hosting Fees for the 2020 Florida Dixie Youth Baseball Ozone State Tournament. This item was pulled from the agenda. See SMB 137 Page 38.

K. Request approval to appropriate insurance proceeds from PGIT for repairs to M38 Ambulance

Budget Amendment 19-20-100 and Resolution. See Res. Book 30 Page 179 & SMB 137 Page 39.

L. Request approval of Budget Amendment 19-20-082 and accompanying Resolution to bring fund balance forward for the TDC Lakes account in the amount of $214,441.30 providing adequate funding for facility improvements. See Res. Book 30 Page 180 & SMB 137 Page 40.

M. Request approval of Budget Amendment 19-20-102 and accompanying Resolution to reallocate

funds from Project 14009 (TOSIP Lake Clay Dr/621) and Cost Center 4120 (Multi Use Path/Sidewalk) to Project 17062 (Sebring Parkway Phase IIA). See Res. Book 30 Page 181 & SMB 137 Page 41.

N. Request approval of Budget Amendment 19-20-103 allocating additional funding to the EOC

Remodel project design proposal. See SMB 137 Page 42.

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O. Contract agreement between Highlands County and Weidner Law to foreclose on appropriate

open code enforcement liens. This item was moved to the action agenda.

8. CONSENT AGENDA (2): Request approval to pay all bills with voting conflicts. Commissioner Handley declared a conflict of interest due to a payment being made to Gray Dog Publishing, a family relation. A Memorandum of Voting Conflict form was submitted to the Clerk to become part of the permanent record. Commissioner Harris made a motion and Commissioner Brooks seconded the motion, to move to pay all bills with voting conflicts. Upon roll call, all Commissioners voted aye, except Commissioner Handley, who abstained. The motion carried. See Check Report file for copy of abstention form.

9. PUBLIC HEARINGS

A. Public hearing to consider a Release of Declaration of Covenants and Restrictions. Dana Riddell, Planner I, presented the request. This public hearing was properly advertised and copy of the notice was submitted to the Clerk to become part of the permanent record. Ms. Riddell questioned if any of the Commissioners held ex parte communications concerning the request. All Commissioners stated no. Commissioner Harris made a motion and Commissioner Brooks seconded the motion, to move to approve the Release of Declaration of Covenants and Restrictions. Chairman Handley called for public comment. Input was not provided. Upon roll call, all Commissioners voted aye. The motion carried. See Releases file.

B. An Ordinance of the Board of County Commissioners of Highlands County, Florida,

terminating a ban on burning without an authorization issued by the Florida Forest Service; Providing for an Amendment of Section 1 of Highlands County Ordinance 19 -20-10; Providing for Conflict; Providing for Severability; Providing for Jurisdiction; and Providing for an effective date.

Chief Marc Bashoor, Public Safety Director, presented the request. This public hearing was properly advertised and a proof of publication was submitted to the Clerk to become part of the permanent record. Commissioner Brooks made a motion and Commissioner Tuck seconded the motion, to move to approve the Ordinance of the Board of County Commissioners of Highlands County, Florida, terminating a ban on burning without an authorization issued by the Florida Forest Service; Providing for an Amendment of Section 1 of Highlands County Ordinance 19-20-10; Providing for Conflict; Providing for Severability; Providing for Jurisdiction; and Providing for an effective date. Chairman Handley called for public comment. Input was not provided. Upon roll call, all Commissioners voted aye. The motion carried. See Ordinance Book 18 & SMB 137 Page 43.

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Chief Bashoor stated that staff is working on a Resolution that will establish the process for an automatic trigger. After further consideration, the Commission concurred to have the County Attorney draft a Resolution that will allow for an automatic burn ban trigger. Commissioner Brooks questioned how the public would be notified that a burn ban is active. Chief Bashoor stated that the public can sign up to be notified through the Everbridge System, and that an announcement would be made through social media, the radio, and the newspaper.

C. Public hearing to consider adoption of Large Scale Comprehensive Plan Future Land Use

Amendment CPA-20-568LS, for approximately 20.1 acres from Agriculture (AG) to Medium Density Residential (RM).

Dana Riddell, Planner I, presented the request and questioned if any of the Commissioners held ex parte communications concerning this land use change. All Commissioners stated no. This public hearing was properly advertised and a proof of publication was submitted to the Clerk to become part of the permanent record. Ms. Riddell read the caption of the Ordinance into the record. Commissioner Harris made a motion and Commissioner Tuck seconded the motion, to move to approve and adopt by Ordinance, CPA-20-568LS, amending the Future Land Use Map of the Highlands County Comprehensive Plan for approximately 20.1 acres from Agriculture to Medium Density Residential, and transmitting CPA-20-568LS to the Florida Department of Economic Opportunity for compliance determination, referencing the mandatory findings of fact and becoming effective as provided by law. Chairman Handley called for public comment. Input was not provided. Upon roll call, all Commissioners voted aye. The motion carried. See Ordinance Book 18 & Comprehensive Plan Amendment file.

D. An Ordinance of the Board of County Commissioners of Highlands County, Florida, Amending

Subsections (b) and (c) of Section 11-151, Article IV, Chapter 11, of the Code of Ordinances, Highlands County, Florida; Providing for limited ingress and egress on Vaughn Road to the Highlands Hammock State Park Equestrian Center and Residences; Providing for conflict; Providing for severability; Providing for inclusion in code; and providing for an effective date.

Joy Carmichael, County Attorney, presented the request. This hearing was properly advertised and a proof of publication was submitted to the Clerk to become part of the permanent record. Ms. Carmichael stated that the current closure Ordinance for Vaughn Road did not include access permission for the private property owners adjacent to the roadway, and in addition, the Department of Environmental Protection has requested access to Vaughn Road for visitors and patrons of the equestrian park . The proposed revisions to the Ordinance will provide permission for patrons and visitors to the equestrian center , and for those who own residences along Vaughn Road and their guests, to have access to Vaughn Road. The proposed ordinance does not reflect any changes to the already closed section of the public road right-of-way (the section beyond the equestrian park). Ms. Carmichael read the proposed Ordinance into the record. Commissioner Brooks questioned if the Livingston Family was aware of and in agreement with the proposed Ordinance, as they are the only landowners, besides the Park Service, that borders Vaughn Road. Clinton Howerton, Jr., County Engineer, stated that staff has not heard back from the Park Service and that he shared the proposed document with the Livingstons and received a positive response.

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Commissioner Elwell made a motion and Commissioner Brooks seconded the motion, to move to approve the Ordinance of the Board of County Commissioners of Highlands County, Florida, amending Subsections (b) and (c) of Section 11-151, Article IV, Chapter 11, of the Code of Ordinances, Highlands County, Florida; Providing for limited ingress and egress on Vaughn Road to the Highlands Hammock State Park Equestrian Center and Residences; Providing for conflict; Providing for severability; Providing for inclusion in code; and providing for an effective date. Upon roll call, all Commissioners voted aye. The motion carried. See Ordinance 18 & SMB 137 Page 44.

10. ACTION Commissioner Brooks made a motion and Commissioner Harris seconded the motion, to move to set the action agenda with the addition of Consent Agenda Item 7O, which becomes item 10D. Upon roll call, all Commissioners voted aye. The motion carried.

A. Request to approve a Recommendation of Award to Bergeron Land Development , Inc. for the

construction of Sebring Parkway Phase II-A (Project #17062) and Sebring Parkway Phase II-B (Project #17063) in the amount of $12,950,000.00, subject to pending legal approval.

J.D. Langford, Assistant County Engineer, presented the request. Commissioner Brooks made a motion and Commissioner Elwell seconded the motion, to move to approve a Recommendation of Award to Bergeron Land Development Inc. for the construction of Sebring Parkway Phase II-A (Project #17062) and Sebring Parkway Phase II -B (Project #17063) in the amount of $12,950,000.00, subject to pending legal approval. Mr. Clay Cobb, with Cobb Site Development, addressed the Board and stated that his company submitted the lowest bid for this project and questioned if the decision to award the project to Bergeron Land Development was due to the happenings of a change order (between the County and Cobb) on a past project. Joy Carmichael, County Attorney, stated that this was a matter of litigation and advised against any comments that would be placed on the record, as both parties are represented by legal counsel. Chairman Handley called for public comment. Gloria Rybinski, Public Information Officer, read into the record a comment from the public. Upon roll call, all Commissioners voted aye, except Commissioner Harris and Commissioner Tuck, who voted nay. The motion carried. See SMB 137 Page 45.

B. Request to approve and execute a construction contract between Highlands County and

Bergeron Land Development, Inc. for the construction of Sebring Parkway Phase II-A (Project #17062) and Sebring Parkway Phase II-B (Project #17063) in the amount of $10,934,542.96, subject to pending legal approval.

J.D. Langford, Assistant County Engineer, presented the request and addressed concerns raised by the Commission. Commissioner Elwell made a motion and Commissioner Brooks seconded the motion, to move to approve and execute a construction contract between Highlands County and Bergeron Land Development Inc. for

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the construction of Sebring Parkway Phase II-A (Project #17062) and Sebring Parkway Phase II-B (Project #17063) in the amount of $10,934,542.96. Upon roll call, all Commissioners voted aye, except Commissioner Harris, who voted nay. The motion carried. See Bergeron Land Development, Inc. file.

C. Request to approve and execute an Interlocal Agreement between Highlands County and the

City of Sebring for the relocation of the existing gravity sewer within Sebring Parkway Phase II -B (Project # 17063) in the amount of $149,824.05, subject to pending legal approval.

J.D. Langford, Assistant County Engineer, presented the request and addressed changes made by the City of Sebring to the proposed Interlocal Agreement. Bob Swaine, representing the City of Sebring, stated that they have no problem with the selected contractor, but requested that Item 3 - Selection of Contractor, of the proposed Interlocal Agreement be modified to clearly state that the County, and not the City, selected the contractor for the work. The County Attorney stated that Item 3 – Selection of Contractor, would be revised as follows:

3. Selection of Contractor. County has selected the contractor for Phase II and the Utility Work pursuant to its selection criteria and in consultation with City in regard to the Utility Work. The bid price for the Gravity Sewer Relocation is $299,648.10. City and County have determined that contractor’s bid is in their best interest. The bid price for the Gravity Sewer Relocation is $299,648.10. County will contribute up to $149,824.05 to City as County’s share of the cost for the Gravity Sewer Relocation.

Commissioner Elwell made a motion and Commissioner Brooks seconded the motion, to move to approve and execute an Interlocal Agreement between Highlands County and the City of Sebring for the relocation of the existing gravity sewer within Sebring Parkway Phase II -B (Project #17063) in the amount, not to exceed $149,824.05, with Item 3 being revised and read into the record. Upon roll call, all Commissioners voted aye. The motion carried. See City of Sebring file.

D. (Consent Item 7O) Contract agreement between Highlands County and Weidner Law to foreclose

on appropriate open code enforcement liens. Linda Conrad, Zoning Supervisor, addressed concerns raised by the Commission. After a detailed discussion, the Commission concurred to make a modification to the contract that cases be sent out on a contingency basis. Commissioner Harris stated that they should approve the contract and have Weidner Law do this work on a contingency basis until it can be done in-house, and motioned for approval of the modified contract. Commissioner Brooks seconded the motion for discussion. Commissioner Elwell stated that he would be fine with approving this contract, but also looking for local folks that can do this exact same thing. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 137 Page 46.

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A. County Attorney Status Report Joy Carmichael, County Attorney, presented the County Attorney’s status report. See SMB 137 Page 47.


Randy Vosburg, County Administrator, presented the list of 2020 Commissioner Priorities and the pending items/projects report. See SMB 137 Page 48.

C. County Administrator’s COVID-19 update

Latosha Reiss, Emergency Management Manager, gave a brief update on the Coronavirus (COVID-19) pandemic for the State of Florida and for Highlands County. Ms. Reiss stated that with hurricane season approaching, staff is altering the plans to contain all CDC guidelines and regulations in case shelters should be activated during COVID-19. Public input was received from Evelyn Colon. See SMB 137 Page 49. Mr. Vosburg gave an update on the public libraries and stated that the goal is to get patrons back into the libraries in June with 50% occupancy, while paying attention to capacity and limited grou pings. Mr. Vosburg stated that the staff members that have been teleworking from home are starting to return back to the office and that June 1st is the target date to open the County lobby back up. Mr. Vosburg stated that budget departmental meetings have begun and stated that staff has engaged the services of PFM for fund forecasting. In regards to positions, Mr. Vosburg stated that there have been a total of 8 positions that have been released after going through the justification process. Mr. Vosburg stated that the positions for assistant county administrator, assistant county attorney, and development services director have been advertised. Items 13 and 14 below were heard before the item 12.

Break: 11:47 a.m. to 11:56 a.m.

12. WORKSHOP

A. Workshop to discuss options with Franchise Contract for Solid Waste and Recyclable Materials Collection and Construction, Operation, And Transfer of a Recyclables Transfer Facility and an Operations Facility.

Clinton Howerton, County Engineer, gave a brief presentation to discuss options for the franchise contract for solid waste and recyclable materials and stated that there are several issues at hand with recycling, from recycling contamination to the recycling market decline. Included in the presentation were the modifications requested from the contractor and modifications requested from staff. Mr. Kurt Salac, with Waste Connections, addressed the Board. The Commission addressed their concerns in great detail. Commissioner Harris questioned if recycling could be done away with. Mr. Howerton stated that the state mandates recycling, therefore he did not present this as an option. After a detailed discussion, Mr. Vosburg stated that the two choices were either to modify the contract, or to not modify the contract and look at a transition strategy.

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The Commission concurred to bring this item back on June 2, 2020 with staff recommendations and requests from the contractor. See SMB 137 Page 50.


Ms. Evelyn Colon, Executive Director for the Highway Park Neighborhood Preservation Council, came before the Commission to request funding from the County for the beautification of the Martin Luther King, Jr. Sports Field entrance. Ms. Colon stated that they are looking to re-pave the driveway and will accept responsibility for maintaining the area. Ms. Colon stated that the estimated price for the re-paving would be $6,000. Randy Vosburg, County Administrator, and Clinton Howerton, Jr., County Engineer, addressed the issue. After discussion, the Commission concurred to have Ms. Colon ask for a grant extension and bring this item back at the next meeting for review. Ms. Matilda Wilfong, Vice President of the Sebring Hills Association, came before the Com mission to thank them for lowering the non-ad valorem taxes for the street lights in the Sebring Hills area.

14. COMMISSIONERS: Commissioner Tuck reminded everyone to fill out the 2020 Census if they have not done so already. Commissioner Tuck also stated that the Commissioners should have a say in the person hired for the assistant county attorney and assistant county administrator positions. In regards to the upcoming budget, Commissioner Tuck also stated that she hopes the department heads and constitutional officers take into considerations that citizens have been out of work (due to COVID -19) for over two months.

15. ADJOURN The meeting was adjourned at 1:24 p.m.

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REGULAR MEETING OF THE BOARD, JUNE 2, 2020




Also present: Randy Vosburg, County Administrator; Joy Carmichael, County Attorney; Robert W. Germaine, Clerk of Courts; and Pamela Gamez, Deputy Clerk.

2. INVOCATIONThe meeting opened with a prayer led by Bob Germaine, Clerk of Courts.


4. ANNOUNCEMENTS

The Zoning Board of Adjustment will meet at 3:00 p.m., on June 9, 2020, in the Boardroom of the Highlands County Government Center, 600 S. Commerce Avenue, Sebring, FL.

5. CONSTITUTIONAL OFFICERS – ANNOUNCEMENTS:Bob Germaine, Clerk of Courts, announced that the courthouse has suffered from water damage due to awater pipe that broke and that the courthouse will be closed until repairs are made to the east side of it. Mr.Germaine stated that an air quality check has been conducted and if the report comes back unsatisfactory,all employees will have to be moved. Domestic violence, mental health, and emergency cases, along withPre-Trial Release, will be at the Government Center for the time being, and room is being sought for the restof the employees. Mr. Germaine also stated that all court cases for this week have been cancelled andnotices will be sent out advising of future court dates. Mr. Germaine thanked the County’s administrationand staff for all their help.

Sheriff Paul Blackman addressed the Board and gave a brief update on the status as they prepare for what could happen here in Highlands County, as is happening around the state and the nation. Sheriff Blackman stated that, on behalf of all the members from the Highlands County Sheriff’s Office, what happened to Mr. George Floyd in Minneapolis is completely unacceptable and that those actions and behaviors will not be tolerated from anyone at the Sheriff’s Office. Sheriff Blackman stated that they made a change to their Use of Force Policy to add the requirement that one member take action if they see another member use excessive force or illegal force. Sheriff Blackman also stated that a curfew has not been issued for Highlands County at the moment, unless they start to see crowds gathering at nights, and that all members have been provided with crowd-control gear and are ready to go if need be. The Florida Highway Patrol has advised that they are ready to deploy here if the Sheriff asks them to do so. Sheriff Blackman stated that peaceful protests are welcomed and stated that if anyone is interested in sending out a peaceful message, the Sheriff’s Office Public Information Officer will film their message and put it out to all the followers on the Sheriff’s Office social media platforms. The Commission commended Sheriff Blackman and his staff for actively watching out for the residents of this county. Mr. Germaine thanked them as well for the tremendous work that they do.

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A. Request approval of a Proclamation recognizing June 1 through June 5, 2020 as "Code Enforcement Officer's Appreciation Week" in Highlands County, Florida.

Rachel Barry, Interim Zoning Supervisor, read the Proclamation into the record. Commissioner Elwell made a motion and Commissioner Tuck seconded the motion, to move to approve the Proclamation as read into the record. Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 30 Page 184 & SMB 138 Page 1. 7. CONSENT AGENDA Commissioner Brooks made a motion and Commissioner Harris seconded the motion, to move to approve the consent agenda as presented. Upon roll call, all Commissioners voted aye. The motion carried.

A. Request approval to pay all duly authorized bills June 2, 2020. See Check Report file.

GENERAL FUND 3,396,205.18 COUNTY TRANSPORT TRUST 25,663.00 E911 OPERATIONS FUND 91,393.34 FL BOATING IMPROVEMENT 8,657.00 LOCAL GOVT INFRA SURTAX 53,678.76 TOURIST DEV TRUST FUND 1,806.03 SHIP 13,155.65 FIRE INSPECTION 119.09 SEBRING PARKWAY MAINT 1,868.74 STATE COURT FACILITIES TF 165.25 BUILDING FUND 2,632.74 FIRE ASSESSMENT FUND 12,363.56 SOLID WASTE 28,150.63 ENERGY RECOVERY 48,279.73 INSURANCE FUND 43,637.40

B. Request approval to accept into the record the Court-Related and Other Miscellaneous Funds

Revenue and Expenditures for the Board of County Commissioners. See SMB 138 Page 2.

C. Request approval of the donation and delivery of two (2) loads of shell material and one (1) load of clean sand to the Highlands County Fair Association to be used for Highlands County Fair Association parking. See SMB 138 Page 3.

D. Request approval to move forward with the direct sale of two (2) County owned surplus properties and provide the Chair the authority to execute the Sale and Purchase Agreement For Available Property List Properties and Deeds. See SMB 138 Page 4 & County Deed file.

E. Request approval for City of Avon Park Interlocal Agreement for Recreation Funding – Fiscal Impact $110,000. See City of Avon Park file.

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F. Request approval to declare the attached list of 16 County owned properties as surplus and

grant permission to solicit offers to purchase from the State of Florida for Conservation or through the County's bid process. See SMB 138 Page 5.

G. Request approval to reevaluate and set the minimum bid price for 18 County owned properties in Spring Lake, County Club Villas. See SMB 138 Page 6.

H. Request from the Highway Park Keep America Beautiful Partners to repave an existing section of asphalt that is used as an entrance to the Star Center. See SMB 138 Page 7.

I. Request approval for City of Sebring Interlocal Agreement for Recreation Funding – Fiscal Impact $110,000. See City of Sebring file.

J. Request approval to declare 60 County-owned properties as surplus and grant permission to solicit offers to purchase through the County's bid process. See SMB 138 Page 8.

K. Request approval to issue a new Certificate of Public Convenience and Necessity (COPCN) per name change in Resolution dated October 2, 2018, to Highlands County Fire Rescue currently serving all of Highlands County under the Highlands County Emergency Medical Services COPCN. See Highlands County Fire Rescue file.

L. Request to approve an amendment to the previously approved agreement between Highlands County and Bergeron Land Development Inc. for the Sebring Parkway Phase II -A (Project # 17062) and Sebring Parkway Phase II-B (Project # 17063). The amendment will reduce the previously approved (May 19, 2020) contract amount by $149,824.05. The reduced amount is included with the total contract price in the agreement between Bergeron Land Development Inc. and the City of Sebring. See Bergeron Land Development, Inc. file.

M. Request approval of Budget Amendment 19-20-108 to transfer funds from Central Services 2111A to Parks Department 6102A in the amount of $800.00. See SMB 138 Page 9.

N. Request approval of Budget Amendment 19-20-104 and Resolution for the Supervisor of Elections Project 19050 Federal Elections Cybersecurity Initiatives Grant. See Supervisor of Elections file, Res. Book 30 Page 185 & SMB 138 Page 10.

8. CONSENT AGENDA (2): Request approval to pay all bills with voting conflicts. There being no further bills with potential voting conflicts, this item was not considered for approval.

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

A. Request approval to move forward with the purchase of an annual subscription for JazzHR

Applicant Tracking System (ATS) for the Human Resources division and approval of the corresponding Budget Amendment 19-20-106 realigning funding of $2,000.00 within cost center 2107 (Human Resources).

Rebecca Cable, Human Resources Manager, presented the request.

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Chairman Handley questioned if paper applications would still be accepted, as not everyone has access to a computer. Ms. Cable stated yes. Commissioner Tuck questioned if there was a designated kiosk at the Government Center for applicants to submit their application through there. Randy Vosburg, County Administrator, stated that there is not one at the moment, but after this system is in place, setting up a kiosk will become a reality. Commissioner Elwell made a motion and Commissioner Brooks seconded the motion, to move to approve the purchase of the JazzHR Applicant Tracking System (ATS) and approval of Budget Amendment 19 -20-106, realigning funding of $2,000.00 within cost center 2107 (Human Resources). Upon roll call, all Commissioners voted aye. The motion carried. See Human Resources file & SMB 138 Page 11.

B. Request approval of Supplemental Agreement No. 1 for the addition of $450,000.00 in State

funding to the existing County Incentive Grant Program (CIGP) Road Assistance Agreement (FM# 433553-1-54-01) between the State of Florida Department of Transportation (FDOT) and Highlands County for Sebring Parkway Phase IIB, from US 27 to DeSoto Road, as well as the accompanying Budget Amendment (BA # 19-20-107) & Resolution increasing the total grant award to $5,311,969.00.

JD Langford, Assistant County Engineer, presented the request. Commissioner Brooks made a motion and Commissioner Harris seconded the motion, to move approval of Supplemental Agreement No. 1 for the addition of $450,000.00 in State funding to the existing County Incentive Grant Program (CIGP) Road Assistance Agreement (FM# 433553-1-54-01) between the State of Florida Department of Transportation (FDOT) and Highlands County for Sebring Parkway Phase IIB, from US 27 to DeSoto Road, as well as the accompanying Budget Amendment (BA # 19 -20-107) & Resolution increasing the total grant award to $5,311,969.00. Upon roll call, all Commissioners voted aye. The motion carried. See FDOT file, Res. Book 30 Page 186 & SMB 138 Page 12.

C. Consider contract revisions to contract for solid waste and recyclable materials collection

and construction, operation, and transfer of a recyclables transfer facility and an operations facility with Waste Connections of Florida, Inc.

Clinton Howerton, Jr., County Engineer, presented the request and addressed the issues that have been experienced with recycling, the steps that have been taken up to date, and possible options to reach a solution. Mr. Howerton stated that the contractor has requested an increase to the collection rate to compensate for revenue loss, a change to the consumer price index methods in the contract, and to remove maintenance building and fuel facility from contract requirement. Mr. Howerton stated that staff have also suggested modifications to the contract that include decreasing response time allowed for residential complaint resolutions, adding definitions for contamination to the contract, reduc ing cost of reimbursement upon exit, and adding commercial rates for residential pickups. Mr. Kurt Salac, with Waste Connections, commented on the reasons the contractor is asking for modifications and addressed concerns raised by the Commission. The Commission discussed the issue in great detail.

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Chairman Handley called for public comment. Karen Clogston, Public Information Assistant, addressed comments made by the public via Microsoft Teams live meeting event. Public input was received from Michelle Gresham, Gingerlee Mitchelllindo, and William Dress (sp). After further consideration, Commissioner Brooks made a motion to leave the contract as it is for now. Commissioner Elwell seconded the motion for discussion. Commissioner Elwell stated that he does not understand the contractor’s thought process in wanting to increase rates and not giving anything back in return, and that as mentioned by Commissioner Tuck, this is not a great time to hit residents with an increase. Commissioner Elwell also mentioned that based on the discussion and not hearing any type of concession whatsoever, he is not interested in negotiating further with this particular company. Upon roll call, all Commissioners voted aye, except Commissioner Handley, who voted nay. The motion carried. See SMB 138 Page 13. Mr. Salac thanked the Commission for taking the time to consider to their request and recognized County staff for working together with them.


A. County Attorney Status Report Joy Carmichael, County Attorney, presented the County Attorney’s status report. See SMB 138 Page 14. In regards to the foreclosure of code enforcement liens, Ms. Carmichael stated that a revised contract with Weidner Law has been prepared, but since that revision, she has learned that the previous Board Attorney used to handle these foreclosures in the past. Ms. Carmichael stated that her office can handle this procedure and questioned if the Board would like to enter into the revised cont ract with Weidner Law or if the Board would prefer that the Legal Department handle this process in-house. Commissioner Elwell stated that if staff has the capacity to do this internally, he’d prefer that it be done in -house. Commissioner Tuck concurred. Ms. Carmichael recommended the following motion: Move approval of the County Attorney’s Office to handle the foreclosure of code enforcement liens and to not enter into a contract with an attorney to provide that service. Commissioner Elwell moved to approve the motion as stated by the County Attorney. Commissioner Tuck seconded the motion. Upon roll call, all Commissioners voted aye. The motion carried. In regards to the assistant county attorney position, Ms. Carmichael questioned if she should go forward with the interview process for hiring. The Commission concurred to move forward. In regards to evaluations of the County Attorney and County Administrator, the Commission concurred to begin the process in September.

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Commissioner Harris requested an update on the sale of the hospital. Ms. Carmichael stated that the property is owned by the Hospital District and that it currently has a tenant, with the lease continuing for another six to eight years, approximately. If the property were to be sold, Ms. Carmichael stated that it would be sold subject to the lease, and that the new buyer would need to purchase the property with a tenant. Ms. Carmichael stated that for that reason the County may not be ready to sell this property at this time. The County Administrator stated that he will meet with the attorney for the Hospital District Board to gather further information and look at it in the future. In regards to HC Waterworks, Ms. Carmichael stated that the Public Service Commission (PSC) issued an order which provided an assessment penalty against HC Waterworks for the failure to provide quality of service, and that the PSC also ordered HC Waterworks to work along with the Office of Public Counsel and the customers in that area to resolve their concerns.


Randy Vosburg, County Administrator, presented the list of 2020 Commissioner Priorities and the pending items/projects report. See SMB 138 Page 15. Commissioner Brooks commented on the Memorial Drive culvert replacement and extension. Kyle Green, Road & Bridge Director, and Clinton Howerton, Jr., County Engineer, addressed the issue. After discussion, Mr. Vosburg stated that staff will get an estimate on the dewatering cost and ask a potential partner if they are willing to participate.

BREAK: 11:26 a.m. to 11:33 a.m.

Latosha Reiss, Emergency Management Manager, gave an update on the COVID-19 situation and stated that the state of Florida is under Phase I of the reopening, not because the Coronavirus is gone, but because they now have the medical capacity to deal with more COVID patients, and urged everyone to continue practicing social distancing and proper hygiene. Ms. Reiss also stated that hurricane season is here and urged citizens to take preparedness seriously and to leave general population shelters as a last resort, due to the COVID-19 issue. Mr. Vosburg announced that hurricane preparedness items are tax free until Thursday of this week. Mr. Vosburg stated that currently there is no financially-feasible option for a pet shelter and that staff is continuing to work on this issue. Rick Fleeger, Parks and Facilities Superintendent, gave a brief update on the courthouse waterline burst and commented on the needed repairs. In regards to the budget, Mr. Vosburg stated that staff is continuing to get the numbers down and are working with the Property Appraiser’s Office to get a better idea on the revenue side. Mr. Vosburg also stated that they have secured the services of a financial group to help with projections on different revenue sources, and that the preliminary look of those projections does not look good. Commissioner Elwell stated that the Capital Financial Strategy is directly affected by the extra penny, but that budget staff has done a tremendous job with cutting and moving things over. Commissioner Elwell also commented on the budgets of the constitutional officers.

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In regards to the hiring of the assistant county administrator, Mr. Vosburg stated that 13 qualified applications were received and he will review each one and see if that number can be reduced to about 6 candidates for interview. A second interview will be completed for the top three candidates. Mr. Vosburg stated that a request came in asking if the Board would be okay for the boardroom to be utilized by a potential non-profit, non-partisan organization to hold a candidate forum. After discussion, the Commission concurred to not approve this request to avoid a possible perception bias.


Ms. Jackie Spears and John Marrs came before the Commission to address their concerns with the possible name changing of Sheppard Road NW in Lake Placid. Both citizens stated that they have never had a problem with EMS or the police department reaching the ir address. Mr. Vosburg stated that having two roadways with the same names, as is Sheppard Road NW in Lake Placid and Sheppard Road in Venus, is a conflict with the Board’s adopted E-911 addressing standards. Mr. Vosburg stated that several factors are considered when deciding which roadway to change. Chief Marc Bashoor, Public Safety Director, addressed the issue. Input was received from Ms. Elaine Codianne. After a detailed discussion, Commissioner Tuck made a motion to leave this roadway as it is for now. Commissioner Harris seconded the motion. After further consideration, Commissioner Tuck withdrew her motion and Commissioner Harris withdrew his second. The Commission concurred to leave the roadway name as is for now. Mr. Vosburg suggested bringing back an ordinance change that will allow for what the Board has expressed today. Mr. Ray Royce came before the Commission to address his concerns with the Highlands Regional Transportation Planning Organization application points system for projects. The next HRTPO meeting will be on June 17, 2020.



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REGULAR MEETING OF THE BOARD, JUNE 16, 2020







4. ANNOUNCEMENTS

The Highlands County Housing Authority will meet on June 16, 2020 at 9:30 a.m., at 2300 Hope Circle, Sebring, Florida 33870.

The Evaluation Meeting for RFP No. 20-012 Design for Fire Station will take place on June 18, 2020 at 8:30 a.m., in the Engineering Training Room at 501 S. Commerce Ave., Sebring, FL.

The Heartland Regional Transportation Planning Organization will meet tomorrow at 10:00 a.m., in the boardroom of the Highlands County Board of County Commissioners at 600 S. Commerce Ave., Sebring, FL.

The Insurance Committee will meet on Thursday, June 18, 2020 at 10:00 a.m., in the boardroom of the Highlands County Board of County Commissioners at 600 S. Commerce Ave., Sebring, FL.

The Highlands Soil & Water Conservation District will meet today at 3:00 p.m., at the Bert J. Harris, Jr. Ag Center.

5. CONSTITUTIONAL OFFICERS – ANNOUNCEMENTS:Jerome Kaszubowksi, Senior Director of Business Services for the Clerk of Courts, gave an update on thehappenings following the courthouse flood. He stated that several court operations have been moved to the2nd floor of the Government Center. Mr. Kaszubowski stated that court administration is working with theBoard’s administration to set up court hearings in the County Commission boardroom. In regards to marriagelicenses, out-of-county customers are being accepted as of June 1, 2020.


A. Request approval of a Proclamation recognizing Child Care Provider Appreciation Day.Commissioner Elwell read the Proclamation into the record.

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Commissioner Brooks made a motion and Commissioner Harris seconded the motion, to move to approve the Proclamation as read. Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 30 Page 187 & SMB 138 Page 16.

7. CONSENT AGENDA Randy Vosburg, County Administrator, announced that the Board was provided with revisions to items 7H and 7I. Regarding item 7C, Mr. Vosburg stated that information is still pending from the state and that a 30 -day extension has been brought forward for consideration instead of the full agreement. Public input was received from Beth Degnan. Commissioner Brooks made a motion and Commissioner Tuck seconded the motion, to move to approve the consent agenda with the changes as addressed. Upon roll call, all Commissioners voted aye. The motion carried.

A. Request approval to pay all duly authorized bills June 16, 2020. See Check Report file.

GENERAL FUND 61,689.32 COUNTY TRANSPORT TRUST 94,684.45 FL BOATING IMPROVEMENT 6,099.20 LOCAL GOVT INFRA SURTAX 137,001.82 TOURIST DEV TRUST FUND 10,149.63 SHIP 26,640.20 SEBRING PARKWAY MAINT 4,370.55 COURT TECH 28.24 (12)(E)1 650.64 BUILDING FUND 21.89 FIRE ASSESSMENT FUND 26,818.79 HCFPIRN LTD CAPITAL FUND 40,499.18 SOLID WASTE 18,861.28 ENERGY RECOVERY 84,551.02 EMPLOYEE BENEFIT FUND 1,418.20

B. Request approval of the minutes from the May 5 and 19, 2020 and June 2, 2020 Regular meetings

of the Board. See Clerk of Courts website.

C. Request approval of the subcontract agreement between the Highlands County Board of County Commissioners, Healthy Families Highlands, and The Ounce of Prevention Fund of Florida, Inc., Healthy Families Florida, for continuation of services from the period July 1, 2020, through June 30, 2025; plus nine Memorandums of Understanding with local community partners as required by the subcontract agreement. See Healthy Families file.

D. Request to approve Budget Amendment 19-20-110 and the accompanying resolution to

appropriate funds in the amount of $231,146.00 to the Sun ‘N Lake Blvd. Sidewalk project, Project Number 19016, for the design of a 5-foot-wide sidewalk from west of Columbus Boulevard to East of Columbus Boulevard. See Res. Book 30 Page 188 & SMB 138 Page 17.

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E. Request approval of the Florida Department of Transportation (FDOT) State Highway Lighting,

Maintenance, and Compensation Agreement ASH11, Financial Project NO. 412579 -1-78-02. See Res. Book 30 Page 189 & FDOT file.

F. Request approval of Budget Amendment 19-20-111 for 2nd quarter reemployment charges. See SMB 138 Page 18.

G. Request approval of Budget Amendment 19-20-112 and Resolution to reallocate Florida

Department of Transportation (FDOT) revenue to Project 18039 – Highway Lighting Lake Jackson. See Res. Book 30 Page 190 & SMB 138 Page 19.

H. Request approval of the 2020-2021 Emergency Management Preparedness and Assistance

Grant (EMPA) and Emergency Management Performance Grant (EMPG) agreements. See Emergency Management file.

I. Request approval of the 2020-2021 Emergency Management Performance Grant (EMPG-S)

COVID-19 Supplemental agreement. See Emergency Management file.

J. Request approval of the Warranty Deed, the Disclosure Statement, and the Partial Release of Mortgage for the dedication of right-of-way on Wolf Creek Road from Palmetto Sebring-Hwy 66, LLC. See County Deed file.

K. Request approval of the Warranty Deed, the Disclosure Statement, and the Partial Release of

Mortgage for the dedication of right-of-way on Sebring Parkway from Palmetto Sebring-Home Ave, LLC. See County Deed file.

L. Request approval of a Budget Amendment 19-20-109 for $26,500 to allocate funds to purchase

contract management software. See SMB 138 Page 20.

8. CONSENT AGENDA (2): Request approval to pay all bills with voting conflicts. Commissioner Elwell declared a voting conflict due to a payment being made to his current employer. Chairman Handley declared a voting conflict due to a payment being made to a family member. Commissioner Harris made a motion and Commissioner Brooks seconded the motion, to move to pay all bills with voting conflicts. Upon roll call, all Commissioners voted aye, except Commissioner Elwell and Commissioner Handley, who abstained. The motion carried. See Check Report file for copy of abstention forms.

9. PUBLIC HEARING

A. Public hearing to consider adoption of the 2020 Highlands County Multi -Hazard Local

Mitigation Strategy Plan update. Melony Culpepper, Planner II, presented the request. Also present for this hearing was James Wolfhope, Emergency Management Planning Coordinator, and Bill Trucano, Local Mitigation Strategy Working Group Chairman. This public hearing was properly advertised and a proof of publication was submitted to the Clerk to become part of the permanent record.

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Ms. Culpepper read the recommended motion into the record. Commissioner Tuck moved approval of the motion as read into the record. Commissioner Elwell seconded. Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 30 Page 191 & Local Mitigation Strategy Working Group file.

B. Public hearing to consider adoption of Large Scale Comprehensive Plan Future Land Use

Amendment CPA-20-570LS, for approximately 323 acres to remove the previously assigned site-specific conditions.

C. Public hearing to consider adoption of P&Z Hearing No. 2053, changing the Official Zoning Atlas for approximately 158.51 acres, from Agricultural District (AU) to Mobile Home Parks District (M-2).

Melony Culpepper, Planner II, and Dana Riddell, Planner I, presented the requests and requested to open Public Hearings 9B and 9C together, as they both reference the same property. Both hearings were properly advertised and a proof of publication was submitted to the Clerk to become part of the permanent record. Ms. Culpepper questioned if any of the commissioners held ex parte communications regarding these hearings. Commissioner Brooks stated that he received one phone call. All other commissioners stated no. Ms. Culpepper read the caption of the Ordinance into the record and addressed concerns raised by the Commission. Chairman Handley opened the floor to the public. Input was not provided. Ms. Culpeper read into the record the recommended motion for CPA-20-570LS. Commissioner Harris moved approval of the motion as read into the record. Commissioner Tuck seconded. Upon roll call, all Commissioners voted aye. The motion carr ied. See Comprehensive Plan Amendment file. Ms. Culpepper read into the record the recommended motion for P&Z Hearing No. 2053. Commissioner Elwell moved approval of the motion as read into the record. Commissioner Brooks seconded. Upon roll call, all Commissioners voted aye. The motion carried. See Zoning Change file & Res. Book 30 Page 192.

D. Public hearing to consider adoption of Small Scale Comprehensive Plan Future Land Use

Amendment CPA-20-571SS, for approximately 0.55 acres, from Mixed Use (MU) to Commercial (C).

E. Public hearing to consider adoption of P&Z Hearing No. 2055, changing the Official Zoning Atlas for approximately 0.55 acres, from Multiple-Family Dwelling including Motel and Hotel with a Flexible Unit Development District (R-3 FUD) to Business District (B-3).

Melony Culpepper, Planner II, and Dana Riddell, Planner I, presented the requests and requested to open Public Hearings 9D and 9E together, as they both reference the same property. Both hearings were properly advertised and a proof of publication was submitted to the Clerk to become part of the permanent record.

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Ms. Culpepper questioned if any of the commissioners held ex parte communications regarding these hearings. All commissioners stated no. Ms. Culpepper read the caption of the Ordinance into the record. Chairman Handley opened the floor to the public. Input was not provided. Ms. Culpepper read into the record the recommended motion for CPA-20-571SS. Commissioner Tuck moved approval of the motion as read into the record. Commissioner Harris seconded. Upon roll call, all Commissioners voted aye. The motion carried. See Comprehensive Plan Amendment file & Ordinance Book 18. Ms. Culpepper read into the record the recommended motion for P&Z Hearing No. 2055. Commissioner Brooks moved approval of the motion as read into the record. Commissioner Elwell seconded. Upon roll call, all Commissioners voted aye. The motion carried. See Zoning Change file & Res. Book 30 Page 193.

F. Public hearing to consider adoption of Small Scale Comprehensive Plan Future Land Use

Amendment CPA-20-569SS, for approximately 4.14 acres, from Low Density Residential (RL) to Commercial (C).

Dana Riddell, Planner I and Melony Culpepper, Planner II, presented the request. This public hearing was properly advertised and a proof of publication was submitted to the Clerk to become part of the permanent record. Ms. Riddell questioned if any of the commissioners held ex parte communicatio ns concerning this hearing. All commissioners stated no. Ms. Riddel read the caption of the Ordinance into the record. Chairman Handley opened the floor to the public. Input was not provided. Ms. Riddell read into the record the recommended motion for CPA-20-569SS. Commissioner Brooks moved approval of the motion as read into the record. Commissioner Tuck seconded. Upon roll call, all Commissioners voted aye. The motion carried. See Comprehensive Plan Amendment file & Ordinance Book 18.

G. Public hearing to consider adoption of Small Scale Comprehensive Plan Future Land Use

Amendment CPA-20-572SS, for approximately 0.40 acres, from Medium Density Residential (RM) to Commercial (C).

H. Public hearing to consider adoption of P&Z Hearing No. 2056, changing the Official Zoning Atlas for approximately 0.80 acres, from Business with a Conditional Use District (B -3 CU) and Mobile Home and Residential Subdivisions District (M-1-S) to Business District (B-3).

I. Public hearing to consider a Release of Perpetual Restrictive Easement and Declaration of Covenants and Restrictions.

Dana Riddell, Planner I, and Melony Culpepper, Planner II, presented the requests and requested Public Hearings 9G, 9H, and 9I be opened together, as they all reference the same property. These public hearings

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were properly advertised and a proof of publication was submitted to the Clerk to become part of the permanent record. Ms. Riddell questioned if any of the commissioners held ex parte commun ications concerning these hearings. All commissioners stated no. Ms. Riddell read the caption of the Ordinance into the record. Clinton Howerton, Jr., County Engineer, and Mike Flora, Engineer of Record with Sloan Engineering, addressed concerns raised by the Commission. Chairman Handley opened the floor to the public. Input was not provided. Ms. Riddell read into the record the recommended motion for CPA-20-572SS. Commissioner Elwell moved approval of the motion as read into the record. Commissioner Harris seconded. Upon roll call, all Commissioners voted aye. The motion carried. See Comprehensive Plan Amendment file & Ordinance Book 18. Ms. Riddell read into the record the recommended motion for P&Z Hearing No. 2056. Commissioner Harris moved approval of the motion as read into the record. Commissioner Tuck seconded. Upon roll call, all Commissioners voted aye. The motion carried. See Zoning Change file & Res. Book 30 Page 194. Ms. Riddell read into the record the recommended motion for the Release of Perpetual Restrictive Easement and Declaration of Covenants and Restrictions. Commissioner Elwell moved approval of the motion as read into the record. Commissioner Brooks seconded. Upon roll call, all Commissioners voted aye. The motion carried. See Releases file.

J. Public hearing to consider adoption of P&Z Hearing No. 2054, changing the Official Zoning

Atlas for approximately 0.83 acres from Residential District (R-1) to Two-Family Dwelling District (R-2).

Melony Culpepper, Planner II, presented the request. This public hearing was properly advertised and a proof of publication was submitted to the Clerk to become part of the permanent record. Chairman Handley opened the floor to the public. Input was not provided. Ms. Culpepper read into the record the recommended motion for P&Z Hearing No. 2054. Commissioner Tuck moved approval of the motion as read into the record. Commissioner Elwell seconded. Upon roll call, all Commissioners voted aye. The motion carried. See Zoning Change file & Res. Book 30 Page 195.

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K. Request approval of a Resolution for closing a portion of Barkley Street.

Clinton Howerton, Jr., County Engineer, presented the request. This public hearing was properly advertised and a proof of publication was submitted to the Clerk to become part of the permanent record. Chairman Handley stated that he saw value in this land and suggested asking the landowner to deed back to the County 10 feet along Twitty Road in exchange for the 40 feet. The 10 feet from this property owner, and possibly 10 feet from the owner across the street would help make Twitty Road conforming to County specifications. Mr. William Drost, petitioner and owner of Century Storage, addressed the Board and stated that he was in favor of deeding the 10 feet along Twitty Road to the County. Joy Carmichael, County Attorney, stated that the proposed Resolution would need to be revised to provide for the assignment of the 10 feet along Twitty Road to the County. Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve the Vacation of Right of Way, as described in the modified Resolution, be vacated, abandoned, discontinued, closed, and all rights of the county and the public, in and to the section of the road and any lands in connection therewith, be and they are hereby renounced and disclaimed. In the modified Resolution will be the assignment of the 10 feet along Twitty Road back to the County. Chairman Handley opened the floor to the public. Input was received from Beth Degnan. Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 30 Page 196 & SMB 138 Page 22.

L. Public Hearing to consider approval of MCT Express Inc. d/b/a United Medical

Transportation application for a Class 2 Basic Life Support Ambulance and Class 3 Advanced Life Support Ambulance Certificate of Public Convenience and Necessity.

Tim Eures, Deputy Chief, Highlands County Fire Rescue, presented the request. This public hearing was properly advertised and a proof of publication was submitted to the Clerk to become part of the permanent record. Mr. Eures read into the record the recommended motion. Commissioner Brooks moved approval of the motion as read into the record. Commissioner Tuck seconded. Chairman Handley opened the floor to the public. Input was received from Charles Maymon, with United Medical Transportation. Upon roll call, all Commissioners voted aye. The motion carried. See COCPN file.

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

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A. Request approval to move forward with the direct sale of seven (7) County owned surplus

properties and provide the Chair the authority to execute the Sale and Purchase Agreement for Available Property List Properties and Deeds.

Randy Vosburg, County Administrator, presented the request. Commissioner Elwell made a motion and Commissioner Tuck seconded the motion, to move to approve the sale of County owned surplus and provide the Chair the authority to execute the sale and purchase agreements for available property list properties and deeds. Upon roll call, all Commissioners voted aye. The motion carried. See County Deed file & SMB 138 Page 23.


A. Commissioner's 2020 Priorities and the Project Status Report Randy Vosburg, County Administrator, presented the updated Commissioner’s 2020 Priorities and Project Status Report and addressed concerns raised by the Commission. Public input was received from Beth Degnan. See SMB 138 Page 24-A. In regards to the CARES Act, Mr. Vosburg stated that the Florida Governor approved an allocation to small counties with the concept that the counties would distribute to the municipalities within their jurisdiction, and that a committee will be put together to come up with a spending plan. Mr. Vosburg stated that the dollars have to be spent in accordance to the Department of Treasury guidelines and that the County will be held accountable. Mr. Vosburg stated that the initial 25% allotment must be spent before the County can request a second allocation. Mr. Vosburg also stated that Sydney Armstrong, Legislative Affairs Grant Coordinator, is the point person on this project, and questioned if a commissioner wished to serve as liaison. The Commission concurred to have Chairman Handley serve as liaison. Mr. Vosburg presented the FY 2020-2021 Budget Cycle calendar. See SMB 138 Page 24-B. The summary presentation of the FY 20-21 Recommended Budget was moved to the July 7, 2020 Regular Board meeting. The CFS and Board Departments workshop that was scheduled for July 14, 2020 at 9:00 a.m., was moved to 5:30 p.m. that same day. Public input was received from Michelle Gresham. In regards to the assistant county administrator position, Mr. Vosburg stated that interviews will take place this afternoon.

B. COVID-19 and Hurricane Preparedness Update

Latosha Reiss, Emergency Management Manager, gave an update on the COVID-19 situation and an update on hurricane preparedness. Mr. Vosburg stated that drive-through testing for COVID-19 will be at the Health Department tonight from 5-7p.m. See SMB 138 Page 25.

C. County Attorney Status Report

Joy Carmichael, County Attorney, presented the County Attorney’s status report and addressed concerns raised by the Commission. See SMB 138 Page 26. In regards to evaluations, Ms. Carmichael stated that she is working towards fulfilli ng Commissioner objectives and addressed additional improvements made in the Legal Department.

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Commissioner Harris stated that in the past there was talk about having the County Attorney possibly report to the County Administrator, and stated that this issue should be addressed and put to rest. Ms. Carmichael stated that she is not aware of any counties that operate in this way. The Commission and County Attorney discussed this issue in great detail. Commissioner Tuck made a motion to move to put the Legal Department under the County Administrator for one year and then re-evaluate. Commissioner Brooks seconded the motion for discussion. Commissioner Brooks stated that staff ought to look if there are any ordinances that require separate office, and also find out what other counties are doing. Mr. Vosburg stated that the state statu te talks about the County Administrator duties and responsibi lities, and gives a broad supervisory role, and that it does not except out the County Attorney. Upon roll call, all Commissioners voted aye, except Commissioner Harris and Commissioner Elwell, who voted nay. The motion carried. Commissioner Elwell questioned if changes to the current ordinance and amendment to the county attorney contract would be brought before the Board. Mr. Vosburg stated yes. Commissioner Elwell, for clarification, stated that this was not a demotion nor a title change, but a simple organizational change. Commissioner Harris questioned if the Board would still evaluate the County Attorney. Commissioner Elwell stated that they would not, but that the County Administrator can certainly seek the Board’s input. The Commission concurred.


Beth Degnan came before the Commission to publicly apologize for the hard time she had with the Highlands Park Estates Clubhouse and stated that the citizens in that area do not use the building enough . Ms. Degnan stated that the motion light needs to be fixed and that a sign indicating that the building is not available for use due to COVID is still in place. Mr. Vosburg stated that the sign is scheduled to be removed tomorrow and that bookings of facilities are being accepted, with social distancing guidelines. Mr. Vosburg also addressed the motion sensor light and stated that staff will address this issue with the builder. Ms. Degnan also questioned the seawall added to Lake Placid. The Commission advised Ms. Degnan to get in contact with the Parks and Facilities Superintendent. Ray Royce came before the Commission to address his concerns with the Highlands Regional Transportation Planning Organization’s scoring system and requested that the Commission make sugges tions during tomorrow’s HRTPO meeting. Michelle Gresham came before the Commission to request that a street light be added to the intersection of Avon Boulevard and Highlands Boulevard because it is pitch black and dangerous. The County Engineer stated that Avon Park Lakes does not have a special assessment to help pay for such things. Ms. Gresham stated that she would like to look for grants that could possibly pay for this lighting. Ms. Gresham questioned if the public was allowed to attend the CARES Act meeting. Mr. Vosburg stated that, in an abundance of caution, the meeting will be announced and that the public can attend, but cannot be an active participant. The public will get a chance to participant once a recommendation from the committee comes before the Board.

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Ms. Gresham also questioned if the multiple vacant positions are due to COVID. Mr. Vosburg stated no, that many of these became vacant due to people leaving or retiring.



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REGULAR MEETING OF THE BOARD, JULY 7, 2020







4. ANNOUNCEMENTS

A Community meeting to seek input on the proposed FY 2020-2021 Budget will be held at 6:00 p.m., on July 7, 2020 at the Alan Jay Wildstein Center for the Performing Arts, 600 W. College Drive, Avon Park, FL.

A Community meeting to seek input on the proposed FY 2020-2021 Budget will be held at 6:00 p.m., on July 8, 2020 at the Town of Lake Placid Government Center, 1069 US Highway 27 N., Lake Placid, FL.

The Road Committee will meet at 2:00 p.m., on July 9, 2020 at Highlands County Road & Bridge, 4344 George Blvd., Sebring, FL.

A Community meeting to seek input on the proposed FY 2020-2021 Budget will be held at 6:00 p.m., on July 9, 2020 in the Board room of the Highlands County Government Center, 600 S. Commerce Ave., Sebring, FL.

The Planning & Zoning Commission and the Local Planning Agency will meet at 3:00 p.m., on July 14, 2020 in the Board room of the Highlands County Government Center, 600 S. Commerce Ave., Sebring, FL.

A Public Hearing of Highlands County Code Enforcement Pamela T. Karlson, Special Magistrate will be held at 1:30 p.m., on July 9, 2020 in room 134 of the Highlands County Annex Building, 501 S. Commerce Ave., Sebring, FL.

The Highlands County Board of County Commissioners will meet to seek input on the proposed FY2020-2021 Budget at 5:30 p.m., on July 14, 2020 in the Board room of the Highlands County Government Center, 600 S. Commerce Ave., Sebring, FL.

The Local Mitigation Strategy Working Group will meet at 8:00 a.m., in room 2 of the Bert J. Harris, Jr. Agricultural Center, 4509 George Blvd, Sebring, FL.


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A. County Administrator Randy Vosburg: Presentation of Years of Service Awards. Joedene Thayer and Eric Longshore, Development Services. Robert Diefendorf, Jr. and Clinton “Gator” Howerton, Jr., Engineering/Solid Waste. Joy Stubbs and Richard Fleeger, Parks & Facilities. Jerry Queen and Kyle Green, Road & Bridge, Maintenance Shop.

Randy Vosburg, County Administrator, presented the request. Beverly Singley and James Turnbull were presented a certificate and pin for their 20 years of service to Highlands County. Robin Souder was presented a certificate and pin for her 15 years of service to Highlands County. The Commission thanked them for their service. See SMB 138 Page 27.

B. Randy Vosburg, County Administrator: Presentation of Employee of the Quarter, 1 st Quarter

2020. Randy Vosburg, County Administrator, presented a plaque to Latosha Reiss, Emergency Management Manager, in recognition of being chosen as Employee of the Quarter for the 1st Quarter of 2020. See SMB 138 Page 28.

7. CONSENT AGENDA Commissioner Tuck questioned the name change listed on item 7D. Clinton Howerton, Jr., County Engineer, addressed her concerns. Public input was received from Gingerlee Mitchelllindo, Michelle Gresham and Beth Degnan. The Commission and staff addressed their concerns. Commissioner Brooks made a motion and Commissioner Harris seconded the motion, to move to approve the consent agenda with the changes as addressed. Upon roll call, all Commissioners voted aye. The motion carried.

A. Request approval to pay all duly authorized bills July 7, 2020. See Check Report file.

GENERAL FUND 3,237,118.61 COUNTY TRANSPORT TRUST 17,313.78 E911 OPERATIONS FUND 91,393.34 LOCAL GOVT INFRA SURTAX 1,028,877.44 TOURIST DEV TRUST FUND 10.870.00 HOSPITAL DISTRICT 180.00 SHIP 30,679.06 SEBRING PARKWAY MAINT 4,647.29 LEGAL AID TRUST FUND 4,237.20 COURT TECH 28.24 (12)(E)1 348.88 BUILDING FUND 5,278.75 FIRE ASSESSMENT FUND 7,862.83 HCFPIRN LTD CAPITAL FUND 47,588.28 SOLID WASTE 314,937.42 ENERGY RECOVERY 58,521.37 INSURANCE FUND 43,533.86

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B. Request approval to reappoint William H. "Tres" Stephenson, III to the Highlands County Health

Facilities Authority as a voting member. See SMB 138 Page 29.

C. Request approval to rename Entrance Road to Alaska Street. See SMB 138 Page 30.

D. Request approval to rename Northern Portion of Ben Eastman Road to Cowboy Way. See SMB 138 Page 31.

E. Request consideration of assistance for Hope Haven Transitional Housing in clearing debris off of 1234 & 1308 EO Douglas properties, future site of the Hope Haven Tiny Homes project, and approval of budget adjustment 19-20-118. See SMB 138 Page 32.

F. Request approval for Town of Lake Placid Interlocal Agreement for Recreation Funding – Fiscal Impact $110,000. See Town of Lake Placid file.

G. Request for approval of the Mental Health Consulting Services Agreement with Children's Home Society, renewing the partnership for mental health services. See Children’s Advocacy Center file.

H. Request approval of waiver of fees for the Sebring High School Cross Country Athletic Program for the use of the Highlands County Multi Sports Complex. See SMB 138 Page 33.

I. Request approval of new job description, Other Personnel Services (OPS) Library Aid, and use of the position for four employees beyond six months as required by section 402:4 of the Personnel Rules & Regulations Manual. See SMB 138 Page 34.

J. Request approval to move forward with the direct sale of 18 County owned surplus properties and provide the Chair the authority to execute the Sale and Purchase Agreement For Available Property List Properties and Deeds. See SMB 138 Page 35.

K. Request approval of an Agreement between Highlands County Board of County Commissioners and Advanced Roofing, Inc. for the Annex Building Roof Replacement, Project No. 19038 in the amount of $104,929.00 and approve up to a 10% project contingency allowance with County Administrator approval. See Advanced Roofing, Inc. file.

L. Request approval of a 90-day extension of our banking services with TD Bank for banking services, beginning on May 11, 2020 and ending on August 10, 2020. See TD Bank file.

M. Request approval of USDOJ Cops Hiring Grant. See SMB 138 Page 36.

N. Request approval of revisions to the Zoning Supervisor and the Development Services Technician job descriptions within the Development Services Department. See SMB 138 Page 37.

O. Request consideration and approval of continuing services agreement(s) for RFP 19 -023 Engineering Services for FDOT Pre-Qualified Continuing Contracts for the following categories: 1. planning, 2. project development, studies and environmental studies 3. design, specifications and estimating, and 4. construction engineering Inspection (CEI) and bridge inspection. See AIM Engineering & Surveying file, CivilSurv Design Group file, Johnson Engineering file, & Patel, Greene & Associates file.

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P. Request approval of Budget Amendment 19-20-113 to realign SHIP accounts to provide for SHIP

program expenses. See SMB 138 Page 38.

Q. Request approval of budget amendment 19-20-116 for the Health Families Highlands program. See SMB 138 Page 39.

R. Request to approve Budget Amendment 19-20-120 to reallocate funds in the amount of $135,000 for the purchase of a used Caterpillar 938M Wheel Loader for the Solid Waste Department and approval to trade in LF 133 – 2001 CAT 938G loader. See SMB 138 Page 40.

8. CONSENT AGENDA (2): Request approval to pay all bills with voting conflicts. Commissioner Elwell declared a voting conflict due to a payment being made to his current employer. Chairman Handley declared a voting conflict due to a payment being made to a family member. Commissioner Harris made a motion and Commissioner Tuck seconded the motion, to move to pay all bills with voting conflicts. Upon roll call, all Commissioners voted aye, except Commissioner Elwell and Commissioner Handley, who abstained. The motion carried. See Check Report file for copy of abstention forms.

9. PUBLIC HEARING - No public hearings.

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

A. Request establishment of an Auditor Selection Committee in accordance with FS 218.391 and

selection of a member of the Board of County Commissioners, or designee to serve on the Audit Committee.

Randy Vosburg, County Administrator, and Christine Davis, Purchasing Manager, presented the request and stated that one member from the Board of County Commission is to be selected to serve on the Auditor Selection Committee. Commissioner Tuck volunteered to serve. Commissioner Elwell made a motion and Commissioner Brooks seconded the motion, to move that Commissioner Tuck serve as the Board representative for the Auditor Selection Committee. Public input was received from Michelle Gresham and Beth Degnan. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 138 Page 41.

B. Request approval of an Agreement between Highlands County Board of County

Commissioners and Advanced Roofing, Inc. for the Government Center Roof Replacement, Project No. 19039 in the amount of $322,357.00 and approve up to a 10% project contingency allowance with County Administrator approval.

Lance Marine, Capital Projects Manager, presented the request.

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Public input was received from Beth Degnan. Commissioner Harris made a motion and Commissioner Brooks seconded the motion, to move to approve the agreement between Highlands County Board of County Commissioners and Advanced Roofing, Inc. for the Government Center Roof Replacement, Project No. 19039 in the amount of $322,357.00 and approve up to a 10% project contingency allowance with the County Administrator’s approval. Upon roll call, all Commissioners voted aye. The motion carried. See Advanced Roofing, Inc. file.

C. Request approval of Board funding for Court-related functions. Bob Germaine, Clerk of Courts, presented the request and stated that the state has reduced the Clerk’s Office budget by about $250,000. Mr. Germaine stated that they have sent letters to the Governor and the legislators already, and stated that he came before the Board to ask that $38,000 from the CARES Act funds be transferred to the Clerk’s budget. Mr. Germaine also stated that he is asking all of his employees (Board and Court side) to take nine (9) furlough days, which will help save about $135,000. Mr. Germaine asked that the Board allow him to transfer the furlough money from the Board-funded employees to help lessen the impact on the court side. The Commission discussed the issue in great detail and decided that funding the court system is the state’s responsibility and it would not be fair to ask the business side employees to take furlough days to help fund the court side. Randy Vosburg, County Administrator, explained that the CARES Act dollars would be going to the Clerk’s Office to reimburse for legitimate expenses under the treasury guidelines. The Commission concurred to approve the transfer of the CARES Act reimbursement funds. Mr. Germaine stated that he will speak to the chief judge today and may possibly have to close the doors to the courthouse on Fridays, unless the Clerk’s Office receives some funding from the state. Commissioner Tuck made a motion and Commissioner Elwell seconded the motion, to move to approve that the County transfer the CARES amount of $38,361.61 to the Clerk Office – court side. Mr. Vosburg clarified that the intention of the motion is to authorize the Clerk to move the $38,361.61 from the Board-funded side to the State-funded side of the courthouse. The County Attorney stated that the motion should be subject to the approval of the CARES Act application. Public input was received from Beth Degnan, Chantel Gilmore, Maria Sutherland, and Michelle Gresham. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 138 Page 42. Commissioner Brooks made a motion and Commissioner Harris seconded the motion, to move to authorize the Chair to sign a letter (resolution) that will go to the Governor, the Speaker of the House, and the president of the Senate, explaining that the state should be stepping forward and finding the money to fund the court system, and that it should not be up to the county commissioners to have to fund the state’s responsibility of the court side. Commissioner Elwell asked that this letter be shared with neighboring counties.

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Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 30 Page 198. Commissioner Elwell stated that taking one day per week (with no pay) will be a huge impact on court employees and asked that the Clerk reach out to the Board to help find different solutions that will not negatively impact those employees. Mr. Vosburg asked that Mr. Germaine coordinate furlough days with county staff, as there may be an opportunity to pick up some staff to help with the CARES Act application process.

BREAK: 10:42 a.m. to 10:47 a.m.

D. Highlands CARES Working Group Recommendation

Sydney Armstrong, Legislative Affairs Grant Coordinator, and Meghan DiGiacomo, Business and Economic Development Executive Manager, presented the request and addressed the guidelines for recipients to apply for relief funding if they were negatively affected by COVID-19. Ms. Armstrong and Ms. DiGiacomo gave a detailed presentation on the Highlands CARES recommendation as to how funds will be disbursed. Please see SMB 138 Page 43 for copy of presentation. Public input was received from Maria Sutherland, Michelle Gresham, Beth Degnan, Al Donaldson, and Chantel Gilmore. Gloria Rybinski, Public Information Officer, addressed the software application where applicants will be able to apply. Ms. Rybinski stated that flyers will be provided throughout the community with frequently asked questions and that the County will ask for help from local community partners in order to help as many qualified citizens as possible. Rod Crowley, with United Way of Central Florida, and Liz Barber, with the Sebring Chamber of Co mmerce, addressed the Board. Commissioner Elwell stated that he would like a possible motion to include the ability for the County Administrator to have discretion, and to possibly take a look at the allocation percentages and put more towards the profit, non-profit, and individuals side. After discussion, the Commission concurred that the percentages were okay as presented. Commissioner Tuck made a motion and Commissioner Brooks seconded the motion, to move to authorize the Chair to sign the agreement with the state, allow the County Administrator discretionary authority to adjust funds between meetings, with reporting back to the Board, and to partner with the United Way of Central Florida and the Greater Way Sebring Chamber of Commerce to provide technical assi stance for program applicants. Public input was received from Maria Sutherland and Gingerlee Mitchelllindo. Upon roll call, all Commissioners voted aye. The motion carried.


A. County Attorney Status Report Joy Carmichael, County Attorney, presented the County Attorney’s updated log. See SMB 138 Page 44.

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B. COVID-19 Update

LaTosha Reiss, Emergency Management Manager, provided a brief update on the COVID-19 pandemic. See SMB 138 Page 45. Penny Pringle, Assistant Health Department Administrator, commented on the day-to-day events at the health department regarding the Coronavirus. Public input was received from Beth Degnan and Gingerlee Mitchelllindo.

C. Commissioner's 2020 Priorities and the Project Status Report

Randy Vosburg, County Administrator, presented the updated Commissioner’s 2020 Priorities and Project Status Report. See SMB 138 Page 46.

D. Summary Presentation of the FY 2020/2021 Recommended Budget

David Nitz, OMB Manager, presented the FY 2020/2021 Recommended Budget. See SMB 138 Page 47. The Board will hold a workshop on July 14, 2020 at 5:30 p.m. to discuss the Capital Financial Strategy (CFS) and the Board department budgets. The adoption of the FY 20/21 Millage Rate and the Constitutional Officers and Outside Agencies budget discussion will take place during the regular meeting of July 21, 2020 at 9:00 a.m. Public input was received from Beth Degnan.


Ms. Gingerlee Mitchelllindo came before the Commission to request that the wearing of masks be made mandatory throughout the county. Chairman Handley stated that he has discussed this issue with the Sheriff, who believes this is a difficult matter to enforce. The Commission concurred to strongly encourage citizens to take the appropriate measures. Ms. Beth Degnan came before the Commission to address her concerns with the Highlands Park Estates Clubhouse. Commissioner Elwell stated that staff will get in contact with Ms. Degnan to help address her concerns.


14. ADJOURN The meeting was adjourned at 11:19 a.m.

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SPECIAL MEETING OF THE BOARD to consider the FY 2020/2021 Budget

JULY 14, 2020

1. The meeting was called to order at 5:30 p.m. in the Highlands County Board of County CommissionChambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:



Also present: Randy Vosburg, County Administrator; Joy Carmichael, County Attorney; Thomas Haralson, Chief Information Officer for the Clerk of Courts; and Pamela Gamez, Deputy Clerk.

This meeting was properly advertised and a proof of publication was submitted to the Clerk to become part of the permanent record. See Proof of Publication file.

2. INVOCATIONThe meeting opened with a prayer led by Denise Williams, Veteran Services Director.


4. WORKSHOP AGENDARandy Vosburg, County Administrator, gave a few introductory remarks and stated that from staff’sprospective, this is the best year they have been prepared for the budget. Mr. Vosburg also stated that staffmet with some of the constitutional officers, who worked hard to get their budgets close to the 2% increase.

A. Workshop to consider the proposed Capital Financial Strategy for FY 20/21.Mr. Vosburg presented the proposed Capital Financial Strategy (CFS) for FY 20/21 and stated that it is a balanced CFS. Mr. Vosburg also addressed the reductions made to the CFS. See SMB 138 Page 48. Public input was received from Michelle Gresham.

B. Workshop to consider the proposed FY 20/21 Recommended Budget for the Board Departments.David Nitz, OMB Manager, gave a brief presentation on the proposed FY 20/21 Recommended Budget for the Board departments.

Mr. Vosburg addressed the following possible reductions:

- Natural Resources Position Reimbursement ($59,698)Mr. Vosburg stated that the intent is to have this position reimbursed out of non -general fund sources, recapturing from the districts. The Commission concurred.

- Divert Nuisance Abatement Funding to 180 ($35,000)The Commission concurred with this reduction.

- Fuel Reduction to $2.25/gal ($40,000)The Commission concurred with this reduction.

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- Remove AC & Generator replacement from 3998B ($18,000)

The Commission concurred with this reduction.

- 10% Reduction to Library Publications leaving a 5% increase ($16,744) Mr. Vosburg stated that the reduction of 10% would be a reduction to the 15% increase that was requested. The Commission concurred with this reduction.

- Reductions to Education/Training & Travel/PerDiem & Central Services ($60,693) The Commission concurred with this reduction. Commissioner Elwell questioned the merit pay increases. Mr. Vosburg stated that staff has factored in a 1% cost-of-living increase which takes place on October 1, 2020, and then there’s an up to 3% merit that takes places on April 1, 2021. Mr. Vosburg addressed the increases to the health insurance, which will be brought before the Commission at the next meeting. In regards to the BOCC- Other (Mandates, etc) line item, Mr. Vosburg addressed possible reductions.

- Reduction of HCRA to current year ($288,368) The Commission concurred with this reduction.

- Health Unit ($20,120) Mr. Vosburg stated that the Health Department requested a 10% increase, but even with the reduction of $20,120, they still get a 2% increase. The Commission concurred with this reduction. Commissioner Elwell requested that Nu-Hope Elder Care and the Non-Profit Community Ag Safe House (outside agencies) be given a 2% increase from the mandates reduction. The Commission concurred. Mr. Vosburg stated that with the reductions made, he believes that the Board side is well within the 2% increase and would respectfully ask that further reductions (about $100,000) come from other budgets.


Ms. Michelle Gresham came before the Commission to request that face masks be mandated throughout the county and stated that she had over 400 signatures from constituents in favor. Commissioner Harris stated that the Sheriff has indicated there is no way of enforcing this matter. The County At torney stated that the county has a Resolution on record that follows the mandates of the Florida governor. After discussion, the Commission concurred to place this request on the following meeting agenda for consideration.



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REGULAR MEETING OF THE BOARD, JULY 21, 2020





Commissioner Handley announced that former commissioner Claude Howerton (1982-1989) passed away last week at the age of 95 and asked for a moment of silence after the invocation.

2. INVOCATIONThe meeting opened with a prayer led by Chief James Fansler, with the Lake Placid Police Department.


4. ANNOUNCEMENTS

A Protest meeting will be held at 10:00 a.m., on July 22, 2020, in the Engineering Training Room, 505 S. Commerce Ave., Sebring concerning ITB 20-020 - Thunderbird East & West Sidewalk Extension Project.

The Tourist Development Council will hold a regular meeting and/or remote conference line meeting at 8:15 a.m., on July 23, 2020 via +1 904-638-2711 United States, Jacksonville (Toll) Conference ID: 725 795 793.

The Highlands Soil & Water Conservation District Board will hold a Go-To meeting today at 3:00 p.m.

The Heartland Crime Stoppers Board will meet on Monday, July 27, 2020 at 5:15 p.m. at the Polk County Sheriff’s Office in Winter Heaven.



A. Request approval of a Proclamation recognizing the 100 th Anniversary of Women’s Right toVote.

Commissioner Tuck read the Proclamation into the record.

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve the Proclamation as read into the record, recognizing the 100th anniversary of women’s right to vote.


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Randy Vosburg, County Administrator, addressed the following changes to the agenda:

- Action agenda item 11B will be moved up under the consent agenda as item 7J. - The action agenda will be heard after the consent agenda, with moving item 11G (mask discussion) up

to 11A, bringing all other items down. - The workshop (item 10A) will be heard after the action agenda. - The public hearing (item 9A) will be considered after the workshop.

7. CONSENT AGENDA Commissioner Brooks made a motion and Commissioner Tuck seconded the motion, to move to approve the consent agenda as amended. Mr. Vosburg briefly summarized item 7J for clarification. Upon roll call, all Commissioners voted aye. The motion carried.

A. Request approval to pay all duly authorized bills July 21, 2020. See Check Report file.

GENERAL FUND 909,538.16 COUNTY TRANSPORT TRUST 22,085.66 LOCAL GOVT INFRA SURTAX 19,636.62 TOURIST DEV TRUST FUND 10,666.03 SHIP 10,611.23 SEBRING PARKWAY MAINT 4,372.95 STATE COURT FACILITIES TF 431.98 LEGAL AID TRUST FUND 3.18 BUILDING FUND 6,090.34 FIRE ASSESSMENT FUND 17,113.39 HCFPIRN LTD CAPITAL FUND 766.70 SOLID WASTE 55,381.14 ENERGY RECOVERY 50,557.53 EMPLOYEE BENEFIT FUND 110,656.21

B. Request to approve Budget Amendment 19-20-121 to reallocate funds in the amount of

$67,546.00 for the purchase a new 200 KW generator at the Landfill Master Lift Station/Flare for the Solid Waste Department. See SMB 138 Page 51.

C. Request to approve a Disaster Debris Monitoring Services Contract with Tetra Tech, Inc. from RFP 20-016 for three (3) years with an option to extend the Contract for two (2) additional periods of one (1) year. See Tetra Tech, Inc. file.

D. Request approval of the contract for ITB 20-031 between Excavation Point, Inc. and Highlands County for Asphalt Milling. See Excavation Point, Inc. file.

E. Request approval of the Florida Network of Children's Advocacy Center State Funding Allocation Subcontract. See Children’s Advocacy Center file.

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F. Request approval of Budget Amendment 19-20-122 and Resolution for the Supervisor of

Elections Project 19052 Federal Elections Cybersecurity Initiatives Grant. See Res. Book 30 Page 200 & SMB 138 Page 52.

G. Request approval of JAG-Local Grant Application FY 20-21. See SMB 138 Page 53.

H. Request approval to move forward with the direct sale of seven (7) County owned surplus properties and provide the Chair the authority to execute the Sale and Purchase Agreement for Available Property List Properties and Deeds. See SMB 138 Page 54.

I. Request approval to move forward with the sale of 15 County owned surplus properties and provide the Chair the authority to execute the Sale and Purchase Agreements and Deeds. See SMB 138 Page 55.

J. (Old Action Item 11B) Request approval of the agreement between the Southwest Florida Water Management District and Highlands County for the Sebring Watershed Management Program Update (Q099, SWFWMD Agreement No. 20CF0002701, 2020REV0006, County Project 19041). See Southwest Florida Water Management District file.

8. CONSENT AGENDA (2): Request approval to pay all bills with voting conflicts. There being no further bills with potential voting conflicts, this item was not motioned for approval.

9. PUBLIC HEARING

A. An Ordinance of the Board of County Commissioners of Highlands County, Florida Amending Subsection 2.56, Article IV of Chapter 2 of The Code of Ordinances, Highlands County, Florida; Pertaining to the Powers and Duties of the County Administrator; Providing for Conflicts; Providing for Severability; and Providing for an Effective date.

This item will be considered below.

10. WORKSHOP

A. Budget Workshop to discuss the submitted budgets from the Constitutional Officers and the Outside Agencies.

This item will be considered below. 11. ACTION Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to set the action agenda, moving item 11G up to 11A, and with the removal of item 11B, which was moved up to the consent agenda. Upon roll call, all Commissioners voted aye. The motion carried.

A. Discussion on mandatory face masks. (Old Action Item 11G)

Randy Vosburg, County Administrator, stated that some communities have adopted a mandatory mask policy, but that the county has decided to follow the state’s guidelines on this issue, and that the state is currently taking a position to not make masks mandatory. Mr. Vosburg also stated that the biggest issue with making masks mandatory is on the enforcement side.

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Penny Pringle, Assistant Health Department Administrator, stated that although masks are a mechanism to help prevent the spread of illnesses, she will not argue whether they should be mandatory or not and that individuals should take their own precautions. Commissioner Tuck made a motion to move to follow the state and other jurisdictions in the following manner: recommend that citizens wear masks, recommend that c itizens wash their hands as often as possible, recommend that citizens practice social distancing, and recommend leaving it up to the businesses if they want to require masks or not. Commissioner Elwell seconded the motion for discussion. Commissioner Brooks asked that the public comply with business who require masks, and that he did not want to make it mandatory. Commissioner Harris stated that he wears a mask for himself and his family, but does not want to mandate it. Commissioner Elwell concurred and stated that he is in favor or encouraging citizens to wear a mask, but is not in favor of making it a mandate. Chairman Handley concurred with the other commissioners and stated that they have agreed to follow the state’s lead on how to combat this disease and urged everyone to take the necessary precautions. Public input was received from Michelle Gresham, Beth Degnan, and Kenny Snodgrass (sp). Commissioner Tuck restated her motion. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 138 Page 56. Mr. Vosburg stated that a portion of allocated dollars from the CARES Act funds is set up for purchasing personal protective equipment for the community, and that a plan will be put in place for distribution of masks and other protective equipment. Chairman Brooks questioned if the county has received the CARES dollars. Bob Germaine, Clerk of Courts, stated that a payment of $4.6 million came in today.

B. Request for appointment of Canvassing Board member and alternate. (Old Action Item 11A)

Penny Ogg, Supervisor of Elections, presented the request. Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move approval to appoint the Supervisor of Elections’ proposed Canvasing Board member as herself and the alternate to be Karen Healy. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 138 Page 57.

B. Approval of the agreement between the Southwest Florida Water Management District and

Highlands County for the Sebring Watershed Management Program Update (Q099, SWFWMD Agreement No. 20CF0002701, 2020REV0006, County Project 19041).

This item was approved under the consent agenda above.

C. Request to approve the purchase of a used 2015 Volvo A25G Off Road Water Truck Cab and

Chassis with new tank for the Solid Waste Department. Bob Diefendorf, Engineering Project Manager, presented the request.

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Commissioner Harris made a motion and Commissioner Brooks seconded the motion, to move to approve the purchase of a used 2015 Volvo A25G Off Road Water Truck cab and chassis with a new 6,000-gallon water tank in the amount of $265,000.00. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 138 Page 58.

D. Request approval of the Insurance Committee's recommendation for Stop Loss Deductible,

premium structure and plan design for Insurance Plan Year 2020-2021. Rebecca Cable, Human Resources Manager, and Athena Erchard, with the Ghering Group, presented the Insurance Committee’s recommendation for Stop Loss Deductible, premium structure, and plan design for the County’s Insurance Plan Year 2020-2021. Public input was received from Beth Degnan. Commissioner Brooks made a motion and Commissioner Harris seconded the motion, to move to approve the Insurance Committee's recommended Stop Loss Deductible, premium structure and plan design as presented. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 138 Page 59.

E. Request for initial review of the revised County Fee Schedule

David Nitz, OMB Manager, presented the request and addressed the changes made to the County Fee Schedule. See SMB 138 Page 60. In regards to occupational licenses, the Commission concurred to have staff bring forward a presentation to consider reinstating occupational licenses. In regards to the 3.5% fee charged to use a credit/debit card, the Commission concurred to have staff look into the possibility of lowering this fee. In regards to allowing the use of alcohol in rented county buildings, Mr. Vosburg stated that an event policy may be purchased, but that the Board’s policy would need to be revised in order to allow for this. The Commission concurred to have staff bring back a revised policy for consideration. Public input was received from Beth Degnan.

F. Request to certify the maximum millage for FY 20/21.

David Nitz, OMB Manager, presented the request to certify the maximum millage of 9.25 for FY 20/21 and addressed concerns raised by the Commission. After discussion, Commissioner Elwell made a motion to move to certify the maximum millage of 9.00 mils for FY 20/21. Commissioner Harris seconded the motion. Public input was received from Beth Degnan. Upon roll call, all Commissioners voted aye, except Commissioner Tuck, who voted nay. The motion carried. See Millage Certification file.

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BREAK: 10:44 a.m. to 10:50 a.m.

10. WORKSHOP

A. Budget Workshop to discuss the submitted budgets from the Constitutional Officers and the Outside Agencies.

David Nitz, OMB Manager, presented the budget requests for the outside agencies and stated that the changes made last week to these budgets were not yet incorporated in today’s presentation. The Commission concurred with the changes made last week. See SMB 138 Page 61. Mr. Nitz presented the budgets of the constitutional officers. Sheriff Paul Blackman presented the budget for the Sheriff’s Office and addressed reductions already made to the budget. The Commission asked that the Sheriff take another look at his budget for further possible reductions. Sheriff Blackman stated that he is open to suggestions from the Board or the public, and that staff is still working on the budget. Bob Germaine, Clerk of Courts, presented the Clerk of Courts budget and stated that he did not budget for a Cost-of-Living Adjustment (COLA) on the Board side this year, and that he will try hard to get to the 2% increase, but it will be tough. Mr. Germaine stated that he has already begun to close the courthouse on Fridays due to the cuts the state has made to the court side and that the court side employees are taking furlough days. Randy Vosburg, County Administrator, stated that there are about $90,000 that they need to work on and will update the Board at the next meeting. The public hearings to consider adoption of the FY 20/21 Budget are scheduled for September 3, 2020 at 5:30 p.m., and September 15, 2020 at 5:30 p.m. Commissioner Tuck requested that her raise this year be used towards the employee incentive program that staff is currently working on. Mr. Vosburg stated that the incentive program will be brought before the Board at the next meeting.

9. PUBLIC HEARING

A. An Ordinance of the Board of County Commissioners of Highlands County, Florida Amending Subsection 2.56, Article IV of Chapter 2 of The Code of Ordinances, Highlands County, Florida; Pertaining to the Powers and Duties of the County Administrator; Providing for Conflicts; Providing for Severability; and Providing for an Effective date.

Randy Vosburg, County Administrator, presented the request and read the statement of issue. This public hearing was properly advertised and a proof of publication was submitted to the Clerk to become part of the permanent record. Joy Carmichael, County Attorney, read into the record a memorandum provided to each commissioner. Commissioner Brooks made a motion to move to terminate the County Attorney and allow this to be her seven-day notice, and to set a special meeting for next Tuesday. Commissioner Tuck seconded the motion.

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Commissioner Harris stated that he has not had a problem communicating with the County Attorney nor with her work, but does have a problem if she and the County Administrator cannot work together after they have been instructed to do so. Commissioner Elwell stated that he does not want to make big changes before the new commission gets in and that he feels that the issue is fixable with no need for termination. Chairman Handley stated that, as a Board, they have lost confidence in the County Attorney’s ability to perform the required functions as county attorney, and that options have been tried to help improve her performance, but that she has not been able to come to terms with these arrangements. Chairman Handley stated that there is no misconduct on her behalf, but that he does not see the situation getting better going forward, therefore, termination of her contract without cause is appropriate at this time. Ms. Carmichael stated that they are at this point because provisions were not put in place, and that they are at this point because there has not been a joint-working relationship and that the Board must be advised of that. Mr. Vosburg stated for the record that he has significant concerns with the proposed paradigm with the County Attorney and is concerned that this will not work. Public input was received from Beth Degnan. Upon roll call, all Commissioners voted aye, except Commissioner Elwell, who voted nay. The motion carried. In regards to the proposed Ordinance, Commissioner Elwell made a motion and Commissioner Tuck seconded the motion, to move approval of an Ordinance of the Board of County Commissioners of Highlands County, Florida, amending Subsection 2.56, Article IV of Chapter 2 of the Code of Ordinances, Highlands County, Florida; pertaining to the powers and duties of the County Administrator; providing for conflicts; providing for severability; and providing for an effective date. Upon roll call, all Commissioners voted aye. The motion carried. See Ordinance Book 18 & SMB 138 Page 62.


A. County Attorney Status Report Joy Carmichael, County Attorney, presented the County Attorney’s updated log. See SMB 138 Page 63. In regards to allowing alcohol on public property, Ms. Carmichael stated that the current ordinance would need to be revised as well.

B. Commissioner's 2020 Priorities and the Project Status Report

Randy Vosburg, County Administrator, presented the updated Commissioner’s 2020 Priorities and Project Status Report and stated that confirmation of the new assistant county administrator is planned for the meeting of August 4, 2020. See SMB 138 Page 64.

C. COVID-19 Update

Latosha Reiss, Emergency Management Manager, provided a COVID-19 update and presented summary data numbers for Highlands County, and also provided a tropical weather update. See SMB 138 Page 65.

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Ms. Beth Degnan came before the Commission to inquire about the ordinances for Highlands Park Estates , Sun’n Lakes Lake Placid, and Plac id Lakes and stated that if the Board would like to take control of the clubhouses (since they are being rented out to the general public) , they ought to dissolve the current ordinances and should cease the fees collected from the residents. Ms. Degnan requested that this issue be set for public hearing.

14. COMMISSIONERS: No report.


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SPECIAL MEETING OF THE BOARD, JULY 28, 2020





This special meeting was properly advertised and a proof of publication was submitted to the Clerk to become part of the permanent record. See Proof of Publication file.

2. INVOCATION & PLEDGE OF ALLEGIANCEThe meeting opened with a prayer led by Jerome Kaszubowski, Senior Director of Business Services for theClerk of Courts. The Pledge of Allegiance was led by Commissioner Harris.

3. ACTION

A. Consideration of the terms and/or termination of the Employment Agreement of Joy CookCarmichael.

Sherri Sutphen, with Bell & Roper Law Firm, stated that she has been working with the County Administrator in regards to the County Attorney’s employment agreement, and stated that Ms. Carmichael has tendered her resignation as of this morning and has elected to enter into a separation agreement with the County. Ms. Sutphen addressed the separation agreement and general release and recommended that the Board approve the agreement with the terms as presented.

Commissioner Tuck made a motion and Commissioner Brooks seconded the motion, to move to accept the separation agreement and general release and Ms. Carmichael’s resignation.

Commissioner Elwell commended the Chairman for his efforts in handling this issue professionally and discretely.

Commissioner Harris stated that he wished Ms. Carmichael the very best.

Upon roll call, all Commissioners voted aye. The motion carried. See Board Attorney file & SMB 138 Page 67.

Randy Vosburg, County Administrator, stated that the new assistant county attorney will come on board on August 10, 2020 and that in the meantime, outside counsel will be utilized for additional services. Mr. Vosburg stated that the paralegal will meet with him to update the log and look into pending legal projects.



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REGULAR MEETING OF THE BOARD, AUGUST 4, 2020




Also present: Randy Vosburg, County Administrator; Attorney Sherry Sutphen, with Bell & Roper Law Firm, Jerome Kaszubowski, Senior Director of Business Services for the Clerk of Courts; and Pamela Gamez, Deputy Clerk.



4. ANNOUNCEMENTS

The Construction Licensing, Enforcement & Appeals Board will meet at 7:00 p.m., on August 4, 2020, in the Boardroom, 600 S. Commerce Ave., Sebring, FL.

The Veterans Advisory Board will meet at 3:30 p.m., on August 6, 2020, in the Veterans Services Office Conference Room, 7209 S. George Blvd., Sebring, FL.

The Children’s Services Council of Highlands County’s CAC Advisory Board Subcommittee will meet at 9:00 a.m., on August 7, 2020 in the Sam Polston Auditorium of the Bert J. Harris, Jr. Agricultural Center, 4509George Blvd., Sebring, FL.

The Planning & Zoning Commission and the Local Planning Agency and the Zoning Board of Adjustment will meet at 3:00 p.m., on August 11, 2020, in the Boardroom, 600 S. Commerce Ave., Sebring, FL.

There will be a public hearing of the Code Enforcement Special Magistrate Pamela T. Karlson on Thursday, August 6, 2020 at 10:00 a.m., in the Boardroom, 600 S. Commerce Ave., Sebring, FL.



A. Presentation of a Keep Florida Beautiful award to Highlands County Code Enforcement asnominated by the Highway Park Neighborhood Council.

Commissioner Tuck presented the Keep Florida Beautiful Award to the Highlands County Code Enforcement Department as nominated by the Highway Park Neighborhood Council . Joedene Thayer, Interim Development Services Director, offered words of gratitude towards the Code Enforcement and Zoning Departments. See SMB 139 Page 1.

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B. Highlands County Fire Rescue (HCFR) 3rd Quarter Update

Chief Marc Bashoor, Public Safety Director, presented the 3rd Quarter update for the Highlands County Fire Rescue Department. The Commission thanked Chief Bashoor for the presentation. Public input was received from Ray Royce. See SMB 139 Page 2.

C. Highlands CARES Update

Sydney Armstrong, Legislative Affairs Grant Coordinator, briefly informed on the CARES Act relief funding and provided an update on the number of applications received today as of 7:45 a.m. Ms. Armstrong stated that community meetings will be held throughout the county next week. Randy Vosburg, County Administrator, stated that some of the Clerk’s Office staff that are taking fu rloughs will be utilized for the Clerk’s review part of the process. Jerome Kaszubowski, Senior Director of Business Services for the Clerk of Courts, stated that staff will be utilized for the review process and some will possibly help with the initial process. Public input was received from Alexa Murray. See SMB 139 Page 3.

D. COVID-19/EOC Update

Latosha Reiss, Emergency Management Manager, provided a COVID-19 update and presented summary data numbers for Highlands County. Penny Pringle, Assistant Health Department Administrator, stated that the swab test is the most accurate test and urged citizens to seek care right away if they are symptomatic. The Commission thanked Ms. Reiss for her presentation. See SMB 139 Page 4.

7. CONSENT AGENDA Randy Vosburg, County Administrator, requested item 7C be pulled from the agenda. Commissioner Brooks made a motion and Commissioner Tuck seconded the motion, to move to approve the consent agenda with the removal of item 7C. Commissioner Elwell requested item 7O be pulled for consideration under the action agenda. Commissioner Brooks amended his motion to include the moving of item 7O under the action agenda. Commissioner Tuck seconded the amendment. Public input was received from Ray Royce. In regards to payments being made to Swaine, Harris & Wohl, P.A., and Marmer Construction, Inc., the Commission concurred to pull these two payments for separate vote under the consent agenda (2) due to voting conflicts. Commissioner Brooks amended his motion once more to include the removal of payments being made to Swaine, Harris & Wohl, P.A., and to Marmer Construction, Inc., and placing them under the consent agenda (2). Commissioner Tuck seconded the amendment. Upon roll call, all Commissioners voted aye. The motion carried.

A. Request approval to pay all duly authorized bills August 4, 2020. See Check Report file.

GENERAL FUND 3,282,240.86 COUNTY TRANSPORT TRUST 19,691.54 LOCAL GOVT INFRA SURTAX 99,281.58

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TOURIST DEV TRUST FUND 4,876.92 SHIP 40,284.86 FIRE INSPECTION 120.35 COURT TECH 28.24 (12)(E)1 7,569.30 BUILDING FUND 431.06 FIRE ASSESSMENT FUND 7,116.13 SOLID WASTE 14,262.72 ENERGY RECOVERY 123,845.42

B. Request approval of Mutual Aid Agreement Between Avon Park Air Force Range Fire

Department and the Board of County Commissioners of Highlands County Florida. See Avon Park Air Force Range file.

C. Request approval of an Interlocal Agreement between Highlands County and the City of Sebring

for Geographic Information Services (GIS). This item was pulled. See SMB 139 Page 5. D. Request to approve and execute the plat of Magnolia Golf Villas for recordation . See Official

Records. E. Reappointment of one member to the Historic Preservation Commission for a four year term to

expire June 30, 2024. See SMB 139 Page 6. F. Request approval of a Disaster Debris Removal and Recovery Services Contract with Phillips

and Jordan, Inc. as the Prime Contractor from RFP 20-017 for three (3) years with an option to extend the Contract for two (2) additional periods of one (1) year. See Phillips and Jordan, Inc. file.

G. Request approval of a Disaster Debris Removal and Recovery Services Contract with Ceres

Environmental Services, Inc. as the Secondary Contractor from RFP 20 -017 for three (3) years with an option to extend the Contract for two (2) additional periods of one (1) year. See Ceres Environmental Services, Inc. file.

H. Request approval of Budget Amendment 19-20-124 and associated Resolution to set up project

19054, subcontract between Florida's Network of Children's Advocacy Centers and Highlands County Board of County Commissioners. See Res. Book 30 Page 201 & SMB 139 Page 7.

I. Request to approve an Information Sharing Access Agreement between the Department of

Homeland Security/Federal Emergency Management Agency, Federal Insurance and Mitigation Administration and Highlands County. See Federal Emergency Management Agency file.

J. Request approval to pay an Invoice without a Purchase Order to Bell & Roper, P.A. Attorneys

at Law for unanticipated defense cost related to litigation on the Istokpoga Watershed Improvement Project. See SMB 139 Page 8.

K. Request approval of Budget Amendment 19-20-123 and Resolution for Duke Foundation Grant

Funds totaling $3,200. See Res. Book 30 Page 202 & SMB 139 Page 9.

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L. Request approval to move forward with the direct sale of nine (9) County owned surplus

properties and provide the Chair the authority to execute the Sale and Purchase Agreement for Available Property List Properties and Deeds. See SMB 139 Page 10.

M. Request approval of Budget Amendment 19-20-128 to realign funding within the Building

Division. See SMB 139 Page 11. N. Request approval of a Resolution to establish a Public Hearing date of September 15, 2020 to

consider closing a portion of a Platted Road Right of Way for Lemon St. now known as Nucor Drive. See Res. Book 30 Page 203 & SMB 139 Page 12.

O. Request approval of a one (1) year renewal of the contract between Highlands County and Evok

Advertising & design, Inc., for Search Engine Optimization (SEO) and Search Engine Ma rketing (SEM) services for visitsebring.com website. See item was moved to the action agenda.

P. Request to accept into the record the Court-related and Other Miscellaneous Funds Revenue

and Expenditures for the Board of County Commissioners. See SMB 139 Page 13.

8. CONSENT AGENDA (2): Request approval to pay all bills with voting conflicts. Chairman Handley declared a conflict of interest due to payments being made to Swaine, Harris & Wohl , P.A., and Marmer Construction, Inc., as they have a family relation. Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to pay all bills with voting conflicts. Upon roll call, all Commissioners voted aye, except Commissioner Handley, who abstained. The motion carried. See Check Report file for copy of abstention form.

BREAK: 10:39 a.m. to 10:45 a.m.

9. PUBLIC HEARING

A. Proposed ordinance amending Section 11-112 of Article III of Chapter 11 of the Code of Ordinances, Highlands County, Florida pertaining to the maximum fees charged for nonconsensual towing or immobilization services provided by wreckers and car carriers.

Rachel Barry, Zoning Supervisor, presented the request and read the caption of the proposed ordinance into the record. This public hearing was properly advertised and a proof of publication was submitted to the Clerk to become part of the permanent record. Ms. Barry read into the record a letter recommending changes to the proposed rates. Chairman Handley opened the floor to the publ ic. Input was received from Beth Degnan. Commissioner Tuck made a motion and Commissioner Harris seconded the motion, to move to approve and adopt the ordinance with the proposed changes as requested in the letter. Ms. Barry once again read into the record the letter with the recommended changes.

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Public input was received from Jason Behrman, with Jason’s Automotive & Towing, Beverly Ragland, with Duck’s Towing Service, and Bob Dombroski, with Artistic Towing. Upon roll call, all Commissioners voted aye. The motion carried. See Ordinance Book 18 & SMB 139 Page 14.

B. Proposed ordinance amending Section 5.6-2 of Article I of Chapter 5.6 of the Code of

Ordinances, Highlands County, Florida pertaining to illegally placed, unattended, or otherwise unsafe or nuisance donation or collection bins.

Rachel Barry, Zoning Supervisor, presented the request and read the caption of the proposed ordinance into the record. This public hearing was properly advertised and a proof of publication was submitted to the Clerk to become part of the permanent record. Attorney Sherry Sutphen recommended to remove the words public and private from the proposed Sec. 5.6-2(5). Commissioner Tuck made a motion and Commissioner Brooks seconded the motion, to move to approve, execute, and adopt the ordinance, with the removal of public and private in the Ordinance. Upon roll call, all Commissioners voted aye. The motion carried. See Ordinance Book 18 & SMB 139 Page 15.

10. ACTION Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to set the action agenda, moving consent agenda item 7O to the front of the action agenda. Upon roll call, all Commissioners voted aye. The motion carried.

(Consent Item 7O) Request approval of a one (1) year renewal of the contract between Highlands County and Evok Advertising & Design, Inc., for Search Engine Optimization (SEO) and Search Engine Marketing (SEM) services for visitsebring.com website.

Casey Hartt, TDC Lead Marketing Consultant, addressed concerns raised by the Commission. Attorney Sutphen addressed the terms of the agreement. Commissioner Brooks made a motion and Commissioner Harris seconded the motion, to move to approve the one (1) year renewal of the contract between Highlands County and Evok Advertising & Design, Inc., for SEO and SEM services for the visitsebring.com website with no change to the price and terms. Upon roll call, all Commissioners voted aye. The motion carried. See Evok Advertising & Design file.

A. Request approval of the Ideas Driven by Employee Action (IDEA) Initiative Ppolicy for the Board

of County Commissioners and addition of the policy into the Personal Rules and Regulations Manual, officially resending pervious incentive policies with adoption. Additionally, staff request direction from the Board on the type of incentive that should be included with the policy: pay, annual leave, gift cards or a combination of the three; as well as, a budget amount for Fiscal Year 20/21.

Leah Sauls, Community Programs Director, presented the request.

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Commissioner Tuck suggested that the one-time purchase be 10% of the savings and not to exceed $1,000, and also stated that she has requested that the increase in her salary be put towards this program. Chairman Handley requested that employees who identify a cost saving opportunity be recognized in a public setting. Commissioner Elwell stated that he is okay with the recommendation on the one -time purchase, and requested that the County Administrator have the discretion to bring forward a request if he believes that the $3,000 cap is too low when a cost saving idea is a major amount. Ms. Sauls requested clarification on the percentages for recurring and one-time purchase savings. Commissioner Elwell stated that Commissioner Tuck had suggested it be 10% for the one -time purchase, but that he was in agreement with the recommended 20% for both. Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve the Ideas Driven by Employee Action (IDEA) Initiative Policy for the Board of County Commissioners, as amended, and addition of the policy into the Personal Rules and Regulations Manual, officially rescinding previous incentive policies with adoption. Additionally, authorize staff to make the changes as discussed and authorize the County Administrator to bring back exceptions, if necessary. Public input was received from Vicki Pontius. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 139 Page 16.

B. Request approval of Budget Amendment 19-20-126 and Resolution appropriating $4,633,686.00

(the 25% advance) of the CARES Act Relief Funds to Project 19051 HC CARES Act Relief Funds. Sydney Armstrong, Legislative Affairs Grants Coordinator, presented the request. Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to approve Budget Amendment 19-20-126 and Resolution appropriating $4,633,686.00 (the 25% advance) of the CARES Act Relief Funds to Project 19051 HC CARES Act Relief Funds. Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 30 Page 204 & SMB 139 Page 17.

C. Resolution to allow placement of business information signage for privately owned Florida

Farm Wineries in the public right-of-way. Clinton Howerton, Jr., County Engineer, presented the request. Attorney Sherry Sutphen addressed the issue. The Commission and staff discussed the issue in great detail. Kyle Green, Road & Bridge Director, recommended that the applicant be responsible for maintenance around the sign. Public input was received from Beth Degnan, Richard Murray, Ray Royce, and Alexa Murray. Attorney Sutphen recommended to add language to the policy that enables administrative approval upon agreement between the applicant and the county, and allows for staff to bring back an item to the Board if there is not an agreement related to the placement of signs. Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve the attached resolution to adopt procedures to allow the placement of signage for a privately-owned Florida Farm Winery within the public right-of-way, with the amendments as stated by the attorney. Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 30 Page 205 & SMB 139 Page 18.

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D. Request consideration of an increase to the Residential Solid Waste and Recyclable Materials

Assessment fee to cover increase in costs for this account. Clinton Howerton, Jr., County Engineer, presented the request and stated that staff recommends increasing the solid waste assessment to $184.00. The Commission discussed the issue in great detail. Commissioner Elwell stated that he was not in favor of raising this assessment at the time. Commissioner Tuck concurred. Commissioner Brooks made a motion to move to approve an increase in the solid waste assessment from $173.00 per year to $184 per year for FY 2020/2021. Chairman Handley passed the gavel to the vice-chairman and seconded the motion. Public input was received from Beth Degnan and Ray Royce. Upon roll call, all Commissioners voted aye, except Commissioner Tuck and Commissioner Elwell, who voted nay. The motion carried. See SMB 139 Page 19. Vice-Chairman Elwell passed the gave back to the Chair.

E. Request approval of referendum to be placed on the November ballot to continue the Highlands

County Economic Development Ad Valorem Tax Exemption program. Meghan DiGiacomo, Executive Manager of Business & Economic Development, presented the request and addressed concerns raised by the Commission. Commissioner Elwell made a motion and Commissioner Tuck seconded the motion, to move to approve the referendum to be placed on the November ballot before the voters of Highlands County to continue the Highlands County Economic Development Ad Valorem Tax Exemption program. Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 30 Page 206 & SMB 139 Page 20.

F. Request Board approval to write-off Uncollectable EMS Accounts totaling $2,489,162.64 dating

back to 1998. Chief Marc Bashoor, Public Safety Director, presented the request. Commissioner Tuck made a motion and Commissioner Brooks seconded the motion, to move to approve the write-off of uncollectable EMS accounts totaling $2,489,162.64 dating back to 1998. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 139 Page 21.

At this moment, Commissioner Harris stated that he inadvertently voted yes on item 10D and requested that the item be re-opened for reconsideration, as he is not in favor of raising the solid waste assessment rate. Commissioner Harris made a motion to re-open item 10D. Commissioner Elwell seconded the motion. Upon roll call, all Commissioners voted aye, except Commissioner Brooks and Commissioner Handley, who voted nay. The motion carried.

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Commissioner Harris made a motion to not approve the increase of the solid waste assessment, and leave it at $173.00 per year. Commissioner Elwell seconded the motion. Upon roll call, all Commissioners voted aye, expect Commissioner Brooks and Commissioner Handley, who voted nay. The motion carried.

G. Workshop to consider the Proposed Budget for FY 20/21.

David Nitz, OMB Manager, presented the Proposed Budget for Fiscal Year 20/21 and addressed concerns raised by the Commission. See SMB 139 Page 22. Randy Vosburg, County Administrator, stated that any substantial information will be provided at the next meeting, and that the final hearings to adopt the budget are scheduled for Thursday, September 3, 2020 at 5:30 p.m., and Tuesday, September 15, 2020 at 5:30 p.m. Public input was received from Beth Degnan.


A. Commissioner's 2020 Priorities, Project Status Report, and Legal Update Randy Vosburg, County Administrator, introduced to the Board Mr. Matt Raulerson, the new Assistant County Attorney. Mr. Vosburg stated that the current plan is to have Attorney Sherry Sutphen be present during Board meetings and that she has helped to complete some of the items on the attorney ’s log. See SMB 139 Page 23.

B. Request approval to confirm Laurie A. Hurner as Assistant County Administrator

Randy Vosburg, County Administrator, requested approval from the Board to confirm Laurie A. Hurner as Assistant County Administrator. Mr. Charlie Cullins, the County’s first county administrator, was recognized in the audience. Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to enthusiastically confirm Lorie A. Hurner as the Assistant County Administrator. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 139 Page 24.


Beth Degnan came before the Commission to address her concerns with the garbage bin at the Highlands Park Estates Clubhouse. Mr. Vosburg stated that staff is working hard to take care of all the requests that come in.



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REGULAR MEETING OF THE BOARD, AUGUST 18, 2020




Also present: Randy Vosburg, County Administrator; Sherry Sutphen, Interim County Attorney, Tommy Haralson, Chief Information Officer for the Clerk of Courts; and Pamela Gamez, Deputy Clerk.



4. ANNOUNCEMENTS

The Children’s Services Council of Highlands County will meet at 8:00 a.m., on August 19, 2020, via Microsoft TEAMS dial 1 904-638-2711 United States, Jacksonville (Toll) Conference ID: 844 319 543#

The Heartland Library Cooperative Governing Board will meet at 10:00 a.m., on August 19, 2020, in the Boardroom of the Highlands County Government Center, 600 S. Commerce Avenue, Sebring, FL.

The Tourist Development Council will hold a Special Meeting at 8:15 a.m., on August 20, 2020, in the Bo ardroom of the Highlands County Government Center, 600 S. Commerce Avenue, Sebring, FL.

The Historic Preservation Commission will meet at 2:30 p.m., on August 20, 2020 , in the Engineering Conference Room, 505 S. Commerce Avenue, Sebring, FL.

The Healthy Families Highlands Advisory Board Subcommittee of Children’s Services Council will meet at 8:00 a.m., on August 25, 2020, via Microsoft TEAMS dial 1 904-638-2711 United States, Jacksonville (Toll) Conference ID: 212 969 035#.

The Highlands County Board of County Commissioners (through its appointed negotiating committee) and the Highlands County Professional EMS & Fire, IAFF 5147 will meet at 9:00 a.m., on August 25, 2020, in the Engineering Training Room, 505 S. Commerce Avenue, Sebring, FL.

The Highlands Soil & Water Conservation District will meet at 3:00 p.m., on August 25, 2020, in Conference Room #3, Bert J. Harris, Jr., Agricultural Center, 4505 George Blvd., Sebring, FL.

The Natural Resources Advisory Commission will meet at 4:00 p.m., on August 26, 2020, in Conference Room #3, Bert J. Harris, Jr., Agricultural Center, 4505 George Blvd., Sebring, FL.

The Board of Commissioners of the Highlands County Hospital District wi ll meet at 1:15 p.m., on August 27, 2020, in the Boardroom of the Highlands County Government Center, 600 S. Commerce Avenue, Sebring, FL.

The Highlands County Tourism Insights Program will be hosted on Wednesday, September 2, 2020, from 2:00 p.m. to 4:00 p.m., in the Boardroom of the Highlands County Government Center, 600 S. Commerce Ave., Sebring, FL.

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5. CONSTITUTIONAL OFFICERS – ANNOUNCEMENTS: No report.


A. COVID-19/EOC Update Latosha Reiss, Emergency Management Manager, provided a COVID-19 update and reminded everyone to continue the practice of social distancing and to reach out for help if they may have been exposed to the virus. Ms. Reiss also reminded the public that hurricane season is still here and stated that Emergency Management is closely monitoring two storms, although they are currently too far out to tell if they may cause an impact. See SMB 139 Page 27.

B. Presentation of the Employee of the Quarter, 2nd Quarter 2020

Ric Fleeger, Parks & Facilities Superintendent, presented a plaque to Ms. Joyce Stubbs, Facilities Supervisor, in recognition of being selected as Employee of the Quarter for the 2 nd Quarter of 2020. The Commission thanked Ms. Stubbs for all her hard work. See SMB 139 Page 28.

C. Presentation of Years of Service Awards by Randy Vosburg, County Administrator

Randy Vosburg, County Administrator, presented an award to Ms. Laurie Hurner, Assistant County Administrator, in recognition of her 5 years of service to the county. Kyle Green, Road & Bridge Director, presented an award to Mr. Chris Pruzinsky (5 years), Mr. Scott Gwynn (5 years), Mr. James Goins (20 years), and Mr. Jerry Queen (30 years), in recognition of their years of service to the county. C hief Marc Bashoor, Public Safety Director, presented an award to Mr. Michael Jolin in recognition of his 20 years of service to the county. See SMB 139 Page 29.

7. CONSENT AGENDA Commissioner Brooks made a motion and Commissioner Tuck seconded the motion, to move to approve the consent agenda. Upon roll call, all Commissioners voted aye. The motion carried.

A. Request to accept into the record the Interim Financial Report of Key Operating Performance

Measures for the 3rd Quarter of Fiscal Year 2020 (as of June 30, 2020). See Clerk’s Reporting file.

B. Request approval of the minutes from the June 16, 2020, July 7 and 21, 2020 Regular Meetings of the Board, the July 14, 2020 Budget Workshop, and the July 28, 2020 Special Meeting of the Board. See Clerk of Courts website.

C. Request approval to pay all duly authorized bills August 18, 2020. See Check Report file.

GENERAL FUND 191,384.77 COUNTY TRANSPORT TRUST 60,729.82 LOCAL GOVT INFRA SURTAX 171,930.58 TOURIST DEV TRUST FUND 7,056.34 SHIP 21,515.73 SEBRING PARKWAY MAINT 4,350.00 STATE COURT FACILITIES TF 9,245.84 COURT TECH 28.24 (12)(E)1 12,684.37

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BUILDING FUND 242.75 FIRE ASSESSMENT FUND 20,331.02 HCFPIRN LTD CAPITAL FUND 39,824.79 SOLID WASTE 266,943.32 ENERGY RECOVERY 37,230.74 EMPLOYEE BENEFIT FUND 1,441.30 INSURANCE FUND 103.57

D. Request approval of a 5 (five) year lease renewal contract previously established between the

Board of County Commissioners and DP Partners & PGP Partners, Ltd. See Lease Agreement file.

E. Request to rename McKinley Street NE to Humphrey Avenue. See SMB 139 Page 30.

F. Request to rename McKinley Street to Diamondback Street. See SMB 139 Page 31.

G. Request approval of seven (7) Health Services Grant Agreements for FY 2020-2021 per the recommendation of the Highlands County Hospital District Board. See Hospital District file.

H. Request approval to move forward with the direct sale of 31 County owned surplus properties and provide the Chair the authority to execute the Sale and Purchase Agreement for Available Property List Properties and Deeds. See SMB 139 Page 32.

I. Request approval of an agreement between Highlands County and Bergeron Land Development Inc., for the storage of equipment and materials for the Sebring Parkway Phase II-A (Project # 17062) and Sebring Parkway Phase II-B (Project # 17063). See Bergeron Land Development, Inc. file.

J. Request approval of the agreement between Highlands County and Excavation Point, Inc., for the construction of the Youth Care Lane Sidewalk Improvements ADA Transition Plan Project No. 17002, and ITB No. 20-006, in the amount of $57,707.00. See Excavation Point, Inc. file.

K. Request approval of Budget Amendment 19-20-130 and accompanying Resolution for realigning funds for the Hammock Road Bridge Deck Repairs. See Res. Book 30 Page 208 & SMB 139 Page 33.

L. Request Approval for Budget Amendment 19-20-131 and associated Resolution to appropriate additional revenue from program income. See Res. Book 30 Page 209 & SMB 139 Page 34.

M. Request approval of Budget Amendment 19-20-133 and Resolution to return HOME Program Income Funds, Fiscal Impact $8,946.00. See Res. Book 30 Page 210 & SMB 139 Page 35.

N. Request approval of Budget Amendment 19-20-135 and corresponding Resolution to bring set-a-side funds forward for Project 19057 Annex Building Generator Replacement and for County Facility HVAC Unit Replacements. See Res. Book 30 Page 211 & SMB 139 Page 36.

O. Request approval of an Interlocal Agreement between Highlands County and the City of Sebring for Geographic Information Services (GIS). See City of Sebring file.

P. Request approval to declare 55 County-owned properties as surplus and grant permission to solicit offers to purchase through the County's bid process. See SMB 139 Page 37.

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8. CONSENT AGENDA (2): Request approval to pay all bills with voting conflicts. Chairman Handley declared a conflict of interest due to a payment being made to Grey Dog Publishing, a family relation. Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve consent agenda (2). Upon roll call, all Commissioners voted aye, except Commissioner Handley, who abstained. The motion carried. See Check Report file for copy of abstention form.

9. PUBLIC HEARING

A. Public hearing to consider adoption of Large Scale Comprehensive Plan Future Land Use Amendment CPA-20-573LS, for approximately 39.67 acres to remove the previously assigned site-specific conditions.

B. Public hearing to consider a Release of Restrictive Easement. Melony Culpepper, Planner II, presented items 9A and 9B and requested that they be opened together, as they both pertained to the same property. These public hearings were properly advertised and a proof of publication was submitted to the Clerk to become part of the permanent record. Ms. Culpepper questioned if any of the commissioners held ex parte communications concerning these hearings. All commissioners stated no. Mr. John Whittington, applicant, addressed the Board. Commissioner Harris made a motion and Commissioner Tuck seconded the motion, to move to approve and adopt by Ordinance, CPA-20-573LS, amending the Future Land Use Element and the Future Land Use Map of the Highlands County Comprehensive Plan for approximately 39.67 acres to remove the previously assigned site-specific conditions, referencing the mandatory findings of fact; and transmitting CPA-20-573LS to the Florida Department of Economic Opportunity for expedited state review. Chairman Handley opened the floor to the public. Input was not provided. Upon roll call, all Commissioners voted aye. The motion carried. See Comprehensive Plan Amendment file. Ms. Culpepper read into the record the recommended motion for the Release of Restrictive Easement. Commissioner Elwell moved to approve the motion as read into the record. Commissioner Harris seconded the motion. Chairman Handley opened the floor to the public. Input was not provided. Upon roll call, all Commissioners voted aye. The motion carried. See Releases file.

C. Public hearing to consider Transmittal to the Florida Department of Economic Opportunity of a

Large-Scale Plan Amendment to Amend the Future Land Use Element of the Highlands County 2030 Comprehensive Plan by Repealing the North Sebring Area Specific Area Plan, CPA-20-574LS.

Melony Culpepper, Planner II, presented the request. This public hearing was properly advertised and a

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proof of publication was submitted to the Clerk to become part of the permanent record. Ms. Culpepper questioned if any of the commissioners held ex parte communications concerning this hearing. All commissioners stated no. Ms. Culpeper read into the record the recommended motion for CPA-20-574LS. Commissioner Harris made a motion and Commissioner Brooks seconded the motion, to move to approve the motion as read into the record. Chairman Handley opened the floor to the public. Input was received from Michelle Gresham. Upon roll call, all Commissioners voted aye. The motion carried. See Comprehensive Plan Amendment file.

D. An Ordinance of the Highlands County Board of County Commissioners Amending Section 7 -

20, Article II, Chapter 7, of the Code of Ordinances, Highlands County, Florida, related to Water Restrictions upon the Declaration of a Water Shortage of Water Shortage Emergency by either the Southwest Florida Water Management District or the South Florida Water Management District; Providing for Legislative Findings and Intent; Providing for Amendment and Adoption; Providing for the Implementation of Administrative Actions; Providing for Severability; Providing for Conflict; Providing for a Savings Clause; Providing for an Effective Date; and Providing for Codification and Scrivener’s Errors.

Randy Vosburg, County Administrator, presented the request. Sherry Sutphen, Interim County Attorney, and Clinton Howerton, Jr., County Engineer, addressed the proposed ordinance. This public hearing was properly advertised and a proof of publication was submitted to the Clerk to become part of the permanent record. Commissioner Brooks made a motion and Commissioner Elwell seconded the motion, to move to approve an Ordinance of the Highlands County Board of County Commissioners, amending Section 7 -20, Article II, Chapter 7, of the Code of Ordinances, Highlands County, Florida, related to water restrictions upon the Declaration of a Water Shortage of Water Shortage Emergency by either the Southwest Florida Water Management District or the South Florida Water Management District; Providing for Legislative Findings and Intent; Providing for Amendment and Adoption; Providing for the Implementation of Administrative Actions; Providing for Severability; Providing for Conflict; Providing for a Savings Clause; Providing for an Effective Date; and Providing for Codification and Scrivener’s Errors. Chairman Handley opened the floor to the public. Input was not provided. Upon roll call, all Commissioners voted aye. The motion carried. See Ordinance Book 18 & SMB 139 Page 38.

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

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A. Request to Vacate Easement at 435 Duane Palmer Blvd, Sebring, FL 33876.

Clinton Howerton, Jr., County Engineer, presented the request. This request was properly advertised and a proof of publication was submitted to the Clerk to become part of the permanent record. Mr. Rick Whidden, representing the applicant, addressed the Board. Commissioner Elwell made a motion and Commissioner Tuck seconded the motion, to move to approve the attached resolution to vacate a portion of the existing drainage and utility easement as described in the resolution, effectively closing, vacating, abandoning, and discontinuing all rights of the county and the public, in and to the easement, and any lands in connection therewith. Chairman Handley opened the floor to the public. Input was not provided. Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 30 Page 212 & SMB 139 Page 39.

B. Request approval of the TDC Marketing Plan for FY 20-21.

Casey Hartt, TDC Lead Marketing Consultant, presented the TDC Marketing Plan for FY 20-21 and addressed concerns raised by the Commission. Commissioner Brooks made a motion and Commissioner Harris seconded the motion, to move to approve the TDC recommendation for the 2020-2021 Marketing Plan. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 139 Page 40.

C. Request approval of Budget Amendment 19-20-129 and accompanying Resolution for realigning

funds for 19/20 Resurfacing. Kyle Green, Road & Bridge Director, presented the request. Commissioner Brooks made a motion and Commissioner Elwell seconded the motion, to move to approve Budget Amendment 19-20-129 and accompanying Resolution for realigning funds in the amount of $820,000 that are no longer needed for Project 18048 (CR 621 Reconstruction). Project 18048 (CR 621 Reconstruction) will remain open. Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 30 Page 213 & SMB 139 Page 41.

D. Request direction from the Board, resulting in possible action, regarding the purchase of 9.851

acres of real land for the Daffodil Extension Project No. 18047. Clinton Howerton, Jr., County Engineer, presented the request to get direction from the Board regarding the purchase of land for the Daffodil Extension Project No. 18047. Chief Marc Bashoor, Public Safety Director, addressed concerns raised by the Commission. Commissioner Brooks made a motion and Commissioner Elwell seconded the motion, to move to direct staff to proceed with the purchase of 9.851 acres of real land for the Daffodil Extension Project No. 18047. Upon roll call, all Commissioners voted aye, except Commissioner Tuck, who voted nay. The motion carried. See SMB 139 Page 42.

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E. Request approval of Budget Amendment 19-20-134 to provide funding for temporary County

Attorney services. Randy Vosburg, County Administrator, presented the request. Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve Budget Amendment 19-20-134 to provide funding for temporary County Attorney services. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 139 Page 43. Break: 10:44 a.m. to 10:49 a.m.

F. E-Verify language Sherry Sutphen, Interim County Attorney, stated the new legislation regarding the E-Verify language has been adopted and will take effect in January 2021. Ms. Sutphen requested that the Commission rescind the E-Verify requirement that they imposed in 2010 and allow the County Attorney to draft language for contracts consistent with the statute. Commissioner Elwell questioned if this would infringe upon the agricultural community. Ms. Sutphen stated that this language only pertains to dealings with the county directly. Ray Royce, on behalf of the agriculture community, wanted to make sure that, within the interpretation of this language, the County does not mandate Highlands County private sector employers to go above what state law requires. Ms. Sutphen stated that this was not the intention. Ms. Sutphen recommended that the motion be to rescind the requirement of the specific l anguage and allow for new language consistent with the statute. Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve the language as recommended by the Interim County Attorney. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 139 Page 44.

G. Request approval of FY 19/20 Coronavirus Relief Fund (CRF)-Coronavirus Aid, Relief and Economic Security Act (CARES Act) funds of $309,029 along with Budget Amendment 19 -20-132 and Resolution.

Lucy Castillo, Housing Program Coordinator, presented the request and addressed concerns raised by the Commission. Commissioner Elwell questioned if this relief would be publicized and follow the same requirements as the CARES Act dollars. Ms. Castillo stated yes. Commissioner Harris made a motion and Commissioner Tuck seconded the motion, to move to approve FY 19/20 Coronavirus Relief Fund (CRF)-CARES Act funds of $309,029 along with Budget Amendment 19-20-132 and Resolution. Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 30 Page 214 & SMB 139 Page 45.


A. County Attorney Status Report Sherry Sutphen, Interim County Attorney, presented the County Attorney’s log and addressed concerns raised by the Commission. See SMB 139 Page 46.

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Ms. Sutphen stated that at the last meeting the Board gave direction for her and the County Engineer to get together to finalize the Resolution that allows for winery signage, and provided a final copy to the Board. See Res. Book 30 Page 205.

B. Discussion of potential purchase of the City of Sebring property and Haywood Taylor property

Randy Vosburg, County Administrator, presented for discussion the potential purchase of the City of Sebring property and the Haywood Taylor property. The Commission concurred to have staff counteroffer/negotiate with the City of Sebring and bring it back to the Board for final approval. Regarding the Haywood Taylor property, the Commission concurred to move forward with negotiations. See SMB 139 Page 47.

C. Update on Suspicious Seed Packets from China Laurie Hurner, Assistant County Administrator, stated that suspicious seed packets have been coming in from China and urged citizens to bring unopened packets to the Extension Office. These seeds should not be planted, burned, flushed, or consumed. Ms. Hurner stated that the Public Information Office will be putting information together to make citizens aware via social media, the radio, and the newspaper. See SMB 139 Page 48.

D. Commissioner's 2020 Priorities and the Project Status Report Randy Vosburg, County Administrator, presented the updated lists of priorities and pending items. See SMB 139 Page 49.


Ms. Margaret Hamilton and Ms. Michelle Gresham came before the Commission to request that the County reconsider the mask mandate. Ms. Hamilton submitted into the record an article from the Center for Disease Control and Prevention. See SMB 139 Page 50. The Commission concurred to bring up the mask mandate issue during the COVID-19 updates.


14. ADJOURN The meeting was adjourned at 11:57 a.m.

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