REGULAR MEETING OF THE BOARD JANUARY 3, 2006 1. Bob ... Board Minutes.pdfDevelopment Commission...

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REGULAR MEETING OF THE BOARD JANUARY 3, 2006 1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at

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

Bob Bullard Carl Cool C Guy Maxcy Bob Jamison

Edgar Stokes J Ross Macbeth Andrew Jackson Jodi Giguere

Barbara Stewart 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Commissioner Andrew Jackson. The Pledge of Allegiance was led by Col. Roy Whitton. 3. Call for “Citizens not on the agenda” forms to be turned in 4. ANNOUNCEMENTS

A. Clerk No report.

B. Upcoming County meetings:

Jan 03 3:00 PM Highlands Soil & Water Conservation District

#3, Ag-Center, 4509 George Blvd.

Jan 03 7:00 PM Construction Licensing, Enforcement & Appeals Board

Board room, 600 S. Commerce Ave.

Jan 05 8:15 AM HC Tourist Development Council


Jan 09 9:00 AM HC Homeowners Association 3240 Grand Prix Drive Jan 09 6:30 PM Highway Park Neighborhood

Preservation & Enhancement District Council

New Life Assembly Church, 114 Cloverland St., Lake Placid

C. Other meetings:

5. CONSENT AGENDA: Motion by Commissioner Jackson, seconded by Commissioner Stokes, to adopt consent agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits January 3, 2006 General ………………………………………….. 238,605.47 County Transportation Trust ………………….. 60,534.75 E911 Operations Fund …………………………...…. 36.67

Intergovt Radio Communication …………………... 54.23 Local Govt Infra Surtax……….………………. 37,625.93 Tourist Development Trust Fund ………………… 979.55

Affordable Housing Asst ………………………. …. 247.02 Home Initiatives Partnership ……………………. 2,723.00

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Law Library Trust Fund ………………………….. 493.00 Court Tech ………………………………………. 3,834.17 Building Code Enforcement Fund ………………….. 37.08 HCISSRB Construction Fund …………………. 12,168.17

Solid Waste ...…………………………………… 26,838.08 Placid Utilities ...……………………………………. 526.74 Highway Park Utility ……………………………......... 6.57

Risk Retention Fund ……………………………………. .18 Employee Benefit Fund ……………………………….. 2.03 Tax Deed Surplus Fund …………………………….. 236.25

B. Request approval of board meeting minutes of December 13, and 20, 2006 C. Request approval to record the map and directory of roads and streets maintained by

Highlands County Road & Bridge Department. See SMB 48 Page 1. D. Request approval of budget amendment 05-06-71 E. Request approval of Resolution & budget amendment 05-06-76. See Res. Book 19 Page 1. F. Request approval of Resolutions and budget amendments 05-06-70; 74. See Res. Book 19

. 6. ACTION: Motion by Commissioner Stokes, seconded by Commissioner Maxcy, to set action agenda as listed, with a revision to Item 6-A. Upon roll call, all Commissioners voted aye. Motion carried.

A. Parks & Recreation Director: Request approval of Resolution & budget amendment 05-06-68 to bring grant revenues into the sports complex project – as revised

Parks and Recreation Director, Vicki Pontius, presented the request. Motion by Commissioner Stokes, seconded by Commissioner Maxcy, to approve the Resolution and revised budget amendment as presented. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 3.

B. County Administrator: Request approval of budget amendments 05-06-72 and 73 decreasing and increasing fund 05 Reserve for Contingency

County Administrator, Carl Cool, presented the request. Motion by Commissioner Stokes, seconded by Commissioner Stewart, to approve the budget amendment as presented. Upon roll call, all Commissioners voted aye. Motion carried. 7. CITIZENS NOT ON AGENDA: No participants. 8. COMMISSIONERS: Commissioner Bullard gave the Board an update on the Impact Fee Working Group. He also commended the County’s Public Information Officer, Corine Burgess, for a job well done in producing the 2006 County Calendar. 9. ADJOURN The meeting adjourned at 9:09 A.M.

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Barbara Stewart 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Recycling Program Manager, Christy Reed. The Pledge of Allegiance was led by Deputy Clerk, Jodi Giguere. 3. ANNOUNCEMENTS Chairman Bullard announced that Human Services Director, Kevin Roberts, is in the hospital for surgery at Florida Hospital Heartland.

A. Clerk Deputy Clerk, Bob Jamison, presented a report of a Monthly Report of Business Services for December as provided by the Highlands County Clerk of Courts, L.E. “Luke” Brooker. See SMB 48 Page 2.


Jan 10 1:00 pm Zoning Board of Adjustment 600 S. Commerce Ave. Sebring Jan 10 1:00 pm Planning and Zoning Commission 600 S. Commerce Ave. Sebring Jan 11 7:30 am IDA/EDC Board of Directors 2113 US 27 South. Sebring Jan 11 9:30 am Central Florida Regional Planning

Council 1702 US Hwy 17, Bartow Fl.

Jan 11 10:00 am Community Traffic Safety Team Agric Civic Center Room #3 Sebring

C. Other meetings: There is a Value Adjustment Board meeting tomorrow, January 11, at 9 a.m. in the Boardroom. County Offices and the Courthouse will be closed on Monday, January 16 in recognition of Martin Luther King Jr. Day. There is a joint meeting with the Economic Development Commission today at 12:30 p.m. Recycling Program Manager, Christy Reed, introduced Sherri Cooper, who is the new Keep Highlands County Beautiful Coordinator.

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

A. Request approval to pay all duly authorized bills and employee benefits January 10, 2005 General ………………………………………….. 882,276.34 County Transportation Trust ………………….. 40,829.82 E911 Operations Fund ……….……………...…. 21,069.38

Intergovt Radio Communication …..…………... 5,312.32 Legal Aid …………………………….……………. 3,227.48

Local Govt Infra Surtax……….……...………. 84,302.55 Tourist Development Trust Fund ……..……… 12,284.81

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Comm Development Block …………….………… 1,163.44 Affordable Housing Asst ………………......…. 128,939.26 Sebring Parkway Maint …………………………… 950.00 Court Tech ……………………………………….. 3,033.60 Building Code Enforcement Fund ……………... 3,770.09 HCISSRB Construction Fund …………………. 1,427.42

Solid Waste ...………………………………….... 85,559.62 Placid Utilities ...………………………………… 5,178.36 Highway Park Utility …………………………….. 327.81

Risk Retention Fund ……………………………. 8,698.76 Employee Benefit Fund ……………………………. 12.99

B. Request approval of the minutes of the December 27, 2005 and January 3, 2006 board meetings

C. Request approval of Satisfaction of Mortgage for Monica Sweet. See Satisfaction file. D. Request approval of an Access and Use Agreement with Florida Hospital Heartland. See

EMS file. E. Request approval of an EMS Grant resolution and application. See EMS file. F. Request approval to declare a Nuisance for Case # CE0506-0057. See Subdivision file. G. Request approval of the Amended Constitutional Officers Financial Reports for Fiscal

Year 2004-2005 for the Clerk of Courts and Property Appraiser. See file for copy. H. Request approval of Resolutions and budget amendments 05-06-80; 81. See Res. Book 19

.

5. PRESENTATION: Highlands County Soil and Water Conservation Don Bates gave a presentation that summarizes the grants and projects currently underway or will be implemented for the Highlands County Soil and Water Conservation District. 6. WORKSHOP: Workshop for the Proposed Transportation Corridor Management

Ordinance Development Services Director, Jim Polatty, gave a power point presentation, explaining the proposed ordinance. The Long Range Transportation Committee (LRTC) recommended this workshop to inform the Board of the progress, and to seek further direction from the Board. Commissioner Stewart, as liaison to the LRTC, pointed out that the committee has adopted the concept of the ordinance, not the details. Commissioner Bullard suggested limiting this workshop to discussions on the concept of corridor management and preservation, and whether or not the Board wishes to proceed and have Staff put more time into refining it. Board Attorney, Ross Macbeth, stated the concept is a good idea, but more work is needed on the details. County Engineer, Ramon Gavarrete, also agreed that it is a good concept. The Board reached a consensus to have staff continue to refine the process and move forward, have legal staff look at the ordinances from other counties, particularly those that have been litigated, and start preparing to bring back something to the Board in a form that allows us to look at ways of implementation. See tape for further details. 7. COMMISSIONERS Commissioner Bullard reported on the Legislative Committee on Intergovernmental Relations meeting yesterday in Tallahassee. 8. ADJOURN

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The meeting adjourned at 11:07 A.M.

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REGULAR MEETING OF THE BOARD JANUARY 17, 2006

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




Barbara Stewart 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Board Attorney, Ross Macbeth. The Pledge of Allegiance was led by Deputy Clerk, Bob Jamison. 3. Call for “Citizens Not on the Agenda” forms to be turned in

4. ANNOUNCEMENTS

A. Sheriff No report.

B. Clerk No report.

C. Upcoming County meetings:

Jan 18 9:00 am Value Adjustment Board Boardroom, 600 S. Commerce Ave. Jan 18 10:00 am Heartland Library Cooperative

Governing Board 205 W. Interlake Boulevard, Lake Placid

Jan 18 1:30 pm Impact Fee Steering Committee 505 S. Commerce Ave. Sebring Jan 19 2:30 pm Recreation and Parks Advisory

Committee 505 S. Commerce Ave. Sebring

Jan 19 4:30 pm Highlands County Library Advisory Board

Sebring, Library Meeting Room

D. Other meetings: The Lake Placid Area Growth Management Committee will meet today at 4

P.M. at the Lake Placid Town Hall. 5. CONSENT AGENDA: Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to adopt consent agenda as amended, pulling budget amendments #05-06-77 and 05-06-78 from 5-F. Commissioner Stewart requested that budget amendment #05-06-79 be pulled from the agenda. Commissioner Maxcy withdrew his original motion, and Commissioner Stokes withdrew his second. Motion by Commissioner Maxcy, seconded by Commissioner Stokes to approve the consent agenda as amended, pulling budget amendments # 05-06-77, 05-06-78, and 05-06-79 from 5-F. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits January 17, 2006 General ………………………………………….. 958,593.51 County Transportation Trust …………………. . 31,117.22

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E911 Operations Fund ………………………………..15.89

Intergovt Radio Communications ……………… 11,021.00 Law Enforcement Education ……………………. 7,531.70

Local Govt Infra Surtax……….…………………. 3,259.00 Tourist Development Trust Fund ………………. 5,592.28

Affordable Housing Asst ……………………….. 10,421.67 Hurricane Housing Rec Program …………………. 333.33 Building Code Enforcement Fund ……………........ 101.25 Solid Waste ...…………………………………….. 31,941.17

Placid Utilities ...………………………………… 13,500.15 Highway Park Utility …………………………….. 2,373.84

Risk Retention Fund ……………………………..……... .38 Employee Benefit Fund ………………………………. 1.14

B. Request approval of Satisfaction of Mortgage for Sharon Pridgeon. See Satisfaction file. C. Request to declare a Notice of Nuisance for CE05080092, 1417 W. Bliss St. Avon Park,

FL 33825. See Subdivision file. D. Request approval of Consultant Services Agreement Number 8680.11 for Evaluation of

Residential Canals around Lake Istokpoga for possible Maintenance Dredging. See file for copy.

E. Request approval to reappoint R. Warren Hall to the Hospital District Board. See SMB 48 Page 3.

F. Request approval of Resolutions & Budget Amendments 05-06-77; 78; 79; 82. See Res. Book 19 Page 6.

6. ACTION: Motion by Commissioner Maxcy, seconded by Commissioner Stokes to set agenda as amended. Upon roll call, all Commissioners voted aye. Motion carried.

A. Emergency Operations Director: Presentation of Firefighter I Certificates Emergency Operations Director, Tim Eures, along with Chairman Bullard and Brad Batz, Training Instructor, presented Certificates of Completion of the Firefighter I class to the following: Joshua Cameron, Roger Free, and Dustin Taylor (Highlands Park Fire Dept), Justin Dumbleton, Billy Kingston, and Joel Thomason (West Sebring Fire Dept), Stan Kincaid and Allen Merrill (Leisure Lakes Fire Dept), Ryan Martin, Matt McIntrye, and Matt Perry (Highlands Lakes Fire Dept), and Aaron Eures (Sun’n Lakes of Sebring Fire Dept).

B. Sheriff Susan Benton:

1. Fee Schedule for Sheriff’s Office Services Sheriff Susan Benton presented the Board with a fee schedule that has been established for services provided by the Sheriff’s Office. See SMB 48 Page 4.

2. Quarterly Report – Year in review Sheriff Susan Benton presented a Quarterly Report of the Highlands County Sheriff’s Office, giving some quarterly information collected from the law enforcement bureau and the detention bureau. See SMB 48 Page 5.

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3. Reverse 911 Program Presentation Sheriff Benton and Chief of Staff, Lisa McGehee, gave a power point presentation on the Reverse 911 System, explaining the components and benefit of the Interactive Community Notification System. A live demonstration of the system was also given. See SMB 48 Page 6.

4. Long Range Space Needs Discussion Sheriff Susan Benton presented a request for the Board to consider authorizing an addendum with Chastain Skillman to address significant long-range issues and create a master plan for future space needs at the Sheriff’s Office. County Administrator, Carl Cool, stated Board approval is needed for the addendum to the agreement, and the accompanying budget amendment. Motion by Commissioner Stokes, seconded by Commissioner Maxcy, to approve the addendum to the Consultant Services Authorization agreement with Chastain Skillman, and the accompanying budget amendment, for a Space Needs Assessment and Master Planning Services for the Sheriff’s Office. Upon roll call, all Commissioners voted aye. Motion carried. See file for copy. Break 10:45 – 11:00 A.M. 7. PUBLIC HEARING: Public Hearing to consider a Parking Violations Ordinance (of

interest to Lake Denton residents) Proof of Publication for this hearing was entered into the record. See Proof of Pub. Ord. Book 4 Page 1. County Administrator, Carl Cool, presented a proposed ordinance for the Board’s consideration. Board Attorney, Ross Macbeth, read a caption of the ordinance into the record. Commissioner Stewart questioned how the ordinance would be enforced. Major Mark Schrader, with the Sheriff’s Office, stated that deputies would do routine patrols of the area when possible. He added that a parking citation form would need to be used in order to issue tickets. The Chair opened the floor to the public. Dave Simpson spoke in support of leaving the boat ramp closed for a year or two. Bill Serey spoke in support of solving the problem. John Drennan expressed concern about these problems occurring at other locations. Mr. Macbeth stated he would work with the Sheriff’s Office to revise the ordinance and draft a parking citation form.

8. ACTION: (cont’d)

A. 911 Coordinator: Request approval of Street Name change for the South Access Road to Carroll Shelby Drive

E-911 Coordinator, Ben Henley, presented the request. Motion by Commissioner Maxcy, seconded by Commissioner Stewart, to approve changing the name of South Access Road to Carroll Shelby Drive. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 48 Page 7.

B. Missy Barletto, Intergovernmental Representative - Lead, South Florida Water Management District: Update on Lake Okeechobee & Estuary Recovery Plan

County Administrator, Carl Cool, stated that this item will need to be reschedule.

C. County Administrator: Request approval of Hazmat Grant Agreement, Resolution and Budget Amendment

County Administrator, Carl Cool, presented the request. Motion by Commissioner Stokes, seconded by Commissioner Jackson, to approve the Hazmat Grant Agreement, Resolution and Budget Amendment for funding of the Technical Rescue Training Program. Upon roll call, all Commissioners voted aye. Motion carried. See file and Res. Book 19 Page 7.

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9. CITIZENS NOT ON AGENDA John Drennan spoke about impact fees and the hiring of consultants. 10. COMMISSIONERS: Commissioner Stewart reported on the helicopter tour she took of the County with the Water Management District. 11. ADJOURN The meeting adjourned at 12:14 P.M.

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Bob Bullard Carl Cool C Guy Maxcy J Ross Macbeth

Edgar Stokes Jodi Giguere Andrew Jackson

Barbara Stewart 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Commissioner Guy Maxcy. The Pledge of Allegiance was led by Commissioner Barbara Stewart.

3. ANNOUNCEMENTS

A. Clerk No report.


Jan. 25 7:30 am Children’s Services Council 100 S. Highlands Ave. Sebring Jan. 25 9:00 am Name Clearing Hearing 600 S. Commerce Ave. Room 251 Jan. 25 2:00 pm Insurance Committee 600 S. Commerce Ave. Room 251 Jan. 26 10:00 am 911 Communication Committee Desoto City Fire Station 19 Jan. 26 10:00 am Lake Istokpoga Management

Committee 4509 George Blvd. Conference Room # 3

C. Other meetings: The Natural Resources Advisory Committee will meet on January 25 at 4 pm

in the Engineering Training Room. The Long Range Transportation Committee will meet on January 25 at 10:00 am in the Engineering Training Room.

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

A. Request approval to pay all duly authorized bills and employee benefits January 24, 2006 General ……………………………………… 2,108,908.40 County Transportation Trust ………………… 55,401.10 E911 Operations Fund …………………………. 5,484.18 Local Govt Infra Surtax……….…………….... 47,938.84 Tourist Development Trust Fund ……………... 6,637.73

Affordable Housing Asst ……………………… 23,107.76 Sebring Parkway Maint ………………………..… 300.00 Court Tech ……………………………………… 3,110.00 Building Code Enforcement Fund …………….. 4,114.68

Solid Waste ...………………………………….. 83,143.13 Placid Utilities ...…………………………………. 409.26 Highway Park Utility ……………………………...... 4.48

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B. Request approval of a Satisfaction of Mortgage for Lisa Marie Bright. See Satisfaction file.

C. Request approval of a Satisfaction of Mortgage for Dean M. and Jennifer G. Smith. See Satisfaction file.

D. Request approval of new member for the Lake Istokpoga Management Committee. See SMB 48 Page 8.

E. Request approval to a Notice of Nuisance on Case # CE 05060061, 6412 Hancock Road, Sebring. See Subdivision file.

F. Request approval to declare a Notice of Nuisance for CE 05100048, 5037 Roanoke St. Sebring, FL. See Subdivision file.

G. Request approval to declare a Notice of Nuisance for CE 05030043, 1521 Bassage Rd. Sebring, FL. See Subdivision file.

H. Request approval of an equipment trade-in agreement. See SMB 48 Page 9. I. Request approval of sand and stall area dumpster landfill fee waiver. See SMB 48 Page

10. J. Request approval of a Quit Claim Deed to Right-of-Way known as Gulfside Drive South K. Request approval of contracts with Utility Service Company, Inc. for maintenance and

repair services for Placid/Highway Park Utilities storage and hydropneumatic Tanks and Budget Amendment #05-06-87 and Resolution. See file and Res. Book 19 Page 8.

5. PUBLIC HEARING: Request approval of an emergency Notice of Nuisance for Case CE

0601012, 165 E. A. Smith Street, Lake Placid, FL Code Enforcement Officer, Eddie Conklin, presented the request. Motion by Commissioner Maxcy, seconded by Commissioner Stewart, to declare the emergency Notice of Nuisance for the property. Upon roll call, all Commissioners voted aye. Motion carried. See Subdivision file. 6. PUBLIC HEARING: Request to declare a Notice of Nuisance CE 05070091, 1202 S. Florida

Ave. Avon Park Fl. 33825 Motion by Commissioner Maxcy, seconded by Commissioner Stewart to remove this item from the table. Upon roll call, all Commissioners voted aye. Motion carried. Code Enforcement Officer, Eddie Conklin, requested this public hearing be withdrawn, 7. PUBLIC HEARING: Request approval of a Notice of Lien on CE 05060184, 3719 Hoyt Ave,

Sebring, Fl This item has been pulled from the agenda. 8. PUBLIC HEARING: Request approval to declare a Lien on CE 05080107, 2004 Stowe Ave.

Avon Park Fl, 33825 This item has been pulled from the agenda. 9. PUBLIC HEARING: Request approval to place a Lien on CE 05050025, 271 Lake Francis

Rd. Lake Placid, FL. This item has been pulled from the agenda. 10. PUBLIC HEARING: Request approval of a resolution to vacate the easement described as

the south 7.50 feet of Lot 6, Manor Hill Oaks, according to the Plat thereof recorded in Plat Book 16, page 12, of the public Records of Highlands County, Florida. Less the East 10.00 feet thereof

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County Engineer, Ramon Gavarrete, presented the request. Motion by Commissioner Stokes, seconded by Commissioner Maxcy, to approve the vacation of easement as described. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 9. 11. PUBLIC HEARING: Request approval of a resolution to vacate the easement described as

the North 1.00 foot of the South 10.0 feet of Lot 10, Block 10, Unit 11 of Orange Blossom Estates, according to the Plat Map thereof recorded in Plat Book 7, Page 48, and O.R. 483, page 422 of the Public Records of Highlands County, Florida

County Engineer, Ramon Gavarrete, presented the request. Motion by Commissioner Maxcy, seconded by Commissioner Jackson, to approve the vacation of easement as described. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 10. 12. PUBLIC HEARING: Public Hearing to consider the purchase of a portion of 3201 DeSoto

Rd., Sebring, Fl 33870 for Sebring Parkway Phase II Project #01101 County Engineer, Ramon Gavarrete, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Maxcy, to approve the purchase of the property for Sebring Parkway Phase II. Upon roll call, all Commissioners voted aye. Motion carried. See file for copy. 13. PUBLIC HEARING: Public Hearing to consider purchase of a portion of 1580 S. Highlands

Ave., Sebring, Fl. 33870 for Sebring Parkway Phase II Project # 01101 County Engineer, Ramon Gavarrete, presented the request. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to approve the purchase of the property for Sebring Parkway Phase II. Upon roll call, all Commissioners voted aye. Motion carried. See file for copy. 14. PUBLIC HEARING: Twenty-three (23) zoning changes, Sixteen (16) small scale plan

amendments, Eleven (11) large scale plan amendments, Proof of Publication for the following hearings were entered into the record. See Proof of Pub. Ord. Book 4 Page 2.

1A) NEW BUSINESS: HEARING #CPA-06-357LS – HOMETRUST GROUP, INC. – C/O LARRY BECKFORD – PRESIDENT – HOMETRUST Approximately 25 acres located on the East side of Farm Road at the intersection with Plantation Drive, and abbreviated legal as follows: Approximately 25 acres located in Sec. 24, Twp. 35S, Rge. 29E, Highlands County, Florida. Request: A large-scale plan amendment from (Agriculture) to (Low Density Residential.)

1B) HEARING #1812 – HOMETRUST GROUP, INC. – C/O LARRY BECKFORD – PRESIDENT – HOMETRUST Legal description as stated above (Item # 1A.) Request: A zoning change from AU (Agricultural) to EU (Estate district.) Applicant desires to construct single-family dwellings.

Development Services Director, Jim Polatty, presented the request. Tom Nunnallee, representing the applicant, stated they have agreed to limit the density to a maximum of 25 units. Commissioner Stewart made a suggested language change to the right-of-way condition, as recommended by the County Engineer. Board Attorney, Ross Macbeth, stated his approval of the change. Motion by Commissioner Stewart, seconded by Commissioner Stokes, in accordance with the P&Z recommendation, move to approve CPA-06-357LS amending for transmittal to DCA for their compliance determination, the Future Land Use Map for 25.18 acres from Agriculture to Low Density Residential, including the conditions listed in this motion, referencing the mandatory findings and

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adopt by Resolution, P&Z 1812 changing the Zoning Atlas for 25.18 acres from AU (Agricultural district) to EU (Estate district), becoming effective as provided by law. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 11.

P&Z Recommended Conditions Pursuant to FLU Policy 11.1: Site Specific Developments 1. Central water is to be provided in addition to a water and sewer commitment letter and the property will accept central wastewater when wastewater is available per the Highlands County Comprehensive Plan. 2. A traffic study shall be required using Highlands County approved methodology for Comprehensive Plan amendments. The applicant or the applicant's traffic consultant or agent shall discuss the methodology with both the County Planning and Engineering staff before proceeding with development of the study. 3. The Applicant shall dedicate additional rights-of-way as required by the County Engineer in order to meet the requirements of the Long Range Transportation Plan, the Land Development Regulations, the Highlands County Technical Standards Manuel, and the Capital Improvement Program at the time of development. 4. The maximum density is 25 dwelling units.

2A) HEARING #CPA-06-358SS – LARK E. ADAMS AND CARROLL W. PATRICK

Approximately 4 acres located on the Northwest corner of Taunton Road and Ballard Road in Avon Park Estates Subdivision, and legally described as follows: Lots 5 and 6, Block 3, Avon Park Estates, Unit III, as recorded in P.B. 10, PG. 43, of the Public Records of Highlands County, Florida. Request: A small-scale plan amendment from (Agriculture) to (Medium Density Residential.)

2B) HEARING #1816 - LARK E. ADAMS AND CARROLL W. PATRICK Legal description as stated above (Item # 2A.) Request: A zoning change from AU (Agricultural) to R-1 (Residential district.) Applicant desires to construct single-family dwellings.

Development Services Director, Jim Polatty, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Jackson, in accordance with the P&Z recommendation, move to DENY CPA-06-358SS amending the Future Land Use Map for 4.0 acres from Agriculture to Medium Density Residential and DENY P&Z 1816 changing the Zoning Atlas for 4.0 acres from AU (Agricultural district) to R-1 (Residential district). Upon roll call, all Commissioners voted aye. Motion carried.

3A) HEARING #CPA-06-359LS – SEBRING AIRPORT AUTHORITY – C/O J. MICHAEL SWAINE Approximately 120 acres located on the Southeast corner of Sebring Airport Authority Complex, and abbreviated legal as follows: Approximately 120 acres located in Secs. 8 and 9, Twp. 35S, Rge. 30E, Highlands County, Florida. Request: A large-scale plan amendment from (Public) to (Industrial.)

3B) HEARING #1818 – SEBRING AIRPORT AUTHORITY – C/O J. MICHAEL SWAINE Legal description as stated above (Item # 3A.) Request: A zoning change from P (Public Lands district) to I-2 (Industrial district.) Applicant desires all permitted uses in I-2 district.

Development Services Director, Jim Polatty, presented the request. Mike Swain, representing the applicant, stated they have agreed to a restrictive easement, restricting the uses allowed in the I-2 district. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, in accordance with the P&Z recommendation, move to approve for transmittal to DCA for their compliance determination CPA-06-359LS, including the conditions cited below, amending the Future Land Use Map for 120 acres from Public/Quasi-Public Facility and Institutional Lands to Industrial and adopt by Resolution P&Z 1818 changing the Zoning Atlas for 120 acres from No-zone to I-2 (Industrial district), referencing the mandatory findings and becoming effective as provided by law, including the recording

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of a restrictive covenant by the Sebring Airport Authority, placing the restrictions on the property. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 12.

P&Z Recommended Conditions Pursuant to FLU Policy 1.11: Site Specific Developments 1. Environmental clearance, if required, of impacts to Wetlands, Cutthroat Grass Seeps, and Xeric Uplands will be necessary prior to development. No development order or permit will be issued unless prescribed environmental mitigation is accomplished. Concurrency assessment for traffic circulation, sanitary sewer, potable water, solid waste disposal, storm water drainage, and recreation and open space will be required prior to development. All development orders and permits will specify any needed improvements, and a schedule for their implementation, including any conditions that require public facility improvements, be in place concurrent with the impacts of the proposed development. 2. A traffic study shall be required using Highlands County approved methodology for Comprehensive Plan amendments. The applicant or the applicant's traffic consultant or agent shall discuss the methodology with both the County Planning and Engineering staff before proceeding with development of the study. 3. Central water and sewer are required

4. Industrial uses not allowed will be the same as those not allowed in the A-1 Zoning District. A restrictive easement will be recorded in favor of the Board of County Commissioners restricting the industrial uses.

4) HEARING #CPA-06-360SS – JOSEPH PATRICK KURPIEWSKI – C/O DONALD

CHANCEY – CHANCEY & ASSOC. DESIGN GROUP, INC. An approximate 1/2 acre Parcel on the South side of U.S. 98, South of Red Beach Lake, and legally described as follows: Lot 8, Block 1, Suburbia Subdivision, as recorded in P.B. 12, PG. 49, Highlands County, Florida. Request: A small-scale plan amendment from (Agriculture) to (Commercial.)

Development Services Director, Jim Polatty, presented the request. Donald Chancey, representing the applicant, briefly explained the request. Motion by Commissioner Stokes, seconded by Commissioner Jackson, in accordance with the P&Z recommendation, move to adopt by ordinance CPA-06-360SS changing the Future Land Use Map for 0.69 acres from Agriculture to Commercial, referencing the mandatory findings and transmitting to the Department of Community Affairs for their compliance determination, and becoming effective as provided by law. Upon roll call, all Commissioners voted aye. Motion carried.

5) HEARING #CPA-06-361SS – A.M. (TONY) & PAMELA CASTRONOVO – C/O DONALD CHANCEY & ASSOCIATION DESIGN GROUP, INC. – CHANCEY & ASSOC. DESIGN GROUP, INC. An Approximate 1/2 acre Lot on the South side of U.S. 98, 1/4 mile East of the intersection with CR 17, and legally described as follows: Lot 7, Block 1, Suburbia Subdivision, as recorded in P.B. 12, PG. 49 of the Public Records of Highlands County, Florida. Request: A small-scale plan amendment from (Agriculture) to (Commercial.)

Development Services Director, Jim Polatty, presented the request. Donald Chancey, representing the applicant, briefly explained the request. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, in accordance with the P&Z recommendation, move to approve and adopt by ordinance CPA-06-361SS changing the Future Land Use Map for 0.69 acres from Agriculture to Commercial, referencing the mandatory findings and transmitting to the Department of Community Affairs for their compliance determination, and becoming effective as provided by law. Upon roll call, all Commissioners voted aye. Motion carried.

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6A) HEARING #CPA-06-363SS – CLAUDE D. BORING – ROGER DALE POLSTON Approximately 8.2 acres located on the North side of U.S. 98 at the Seaboard Coastline Railroad crossing, and abbreviated legal as follows: Located in Sec. 13, Twp. 35S, Rge. 29E, Highlands County, Florida. Request: A small-scale plan amendment from (Business/Industrial) to (Industrial.)

6B) HEARING #1821 – CLAUDE D. BORING – ROGER DALE POLSTON Legal description as stated above (Item # 6A.) Request: A zoning change from B-3 (Business district) to I-2 (Industrial district.) Applicant desires all permitted uses in the I-2 zoning district.

Development Services Director, Jim Polatty, presented the request. Dale Polston, representing the applicant, briefly explained the request. Commissioner Stewart expressed concern about the buffer that is required. Chip Boring, applicant, stated he would agree to additional buffering for the property. Motion by Commissioner Stewart, seconded by Commissioner Jackson, in accordance with the P&Z recommendation, move to adopt by Ordinance CPA-06-363SS amending the Future Land Use Map for 8.205 acres from Commercial/Industrial to Industrial and adopt by Resolution P&Z 1821 changing the Zoning Atlas for 8.205 acres from B-3 (Commercial district) to I-2 (Industrial district), referencing the mandatory findings and transmitting CPA-06-363SS to the Department of Community Affairs for their compliance determination, and becoming effective as provided by law, including the conditions as listed. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 13.

P&Z Recommended Conditions Pursuant to FLU Policy 1.11: Site Specific Developments 1. Central water shall be provided to the Lots and central sewer shall be provided when available to the site. 2. Access to the industrial property will be limited only to the interior Commercial Road and restricted from off of U.S.98. 3. The Applicant shall dedicate additional rights-of way as required by the County Engineer in order to meet the requirements of the Long Range Transportation Plan, the Land Development Regulations, the Highlands County Technical Standards Manuel, and the Capital Improvement Program at the time of development.. 4. Environmental clearance, if required, of impacts to Wetlands, Cutthroat Grass Seeps, and Xeric Uplands will be necessary prior to development. No development order or permit will be issued unless prescribed environmental mitigation is accomplished. Concurrency assessment for traffic circulation, sanitary sewer, potable water, solid waste disposal, storm water drainage, and recreation and open space will be required prior to development. All development orders and permits will specify any needed improvements, and a schedule for their implementation, including any conditions that require public facility improvements, be in place concurrent with the impacts of the proposed development. 5. A Transitional Yard of Class “C” shall be provided on the side of the property that is adjacent to U.S. 98.

Break 10:40 – 10:50 A.M.

7A) HEARING #CPA-06-364SS - HIATUS DEVELOPMENT GROUP, LLC – CLIFFORD R. RHOADES, ESQ. Approximately 4.25 acres located on the East side of S.R. 17 at the Seaboard Coastline Railroad crossing, and legally described as follows: Block Z, and a portion of Tract 30, Basket Lake Groves, per T.B. PG. 5, of the Public Records of Highlands County, Florida. Approximately 4.26 acres located in Sec. 7, Twp. 34S, Rge. 29E, Highlands County, Florida. Request: A small-scale plan amendment from (Agricultural) to (Commercial.)

7B) HEARING #1822 - HIATUS DEVELOPMENT GROUP, LLC – CLIFFORD R. RHOADES, ESQ. Legal description as stated above (Item # 7A.) Request: A zoning change from B-3 CU (Business district with a Conditional Use) to B-3 (Business district.) Applicant desires self-warehouse.

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Development Services Director, Jim Polatty, presented the request. Cliff Rhoades, representing the applicant, provided a site plan for the property, adding that the applicant did not feel that the central water and sewer requirement was practical. Board Attorney, Ross Macbeth, made some suggested changes to the conditions. Mr. Rhoades expressed concern about the conditions. Motion by Commissioner Stewart, seconded by Commissioner Maxcy, in accordance with the P&Z recommendation, move to approve the conditions cited below, and adopt by Ordinance CPA-06-364SS amending the Future Land Use Map for 4.26 acres from Agriculture to Commercial and adopt by Resolution P&Z 1822 changing the Zoning Atlas for 4.26 acres from B-3 CU (Business district with a Conditional Use) to B-3 (Business district), referencing the mandatory findings and transmitting CPA-06-364SS to the Department of Community Affairs for their compliance determination, and becoming effective as provided by law. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 14.

Conditions Pursuant to FLU Policy 11.1: Site Specific Developments 1. If the site is used for storage under B-3, no other use shall be allowed on the site other than storage and related incidental sales of storage related merchandise, such as boxes and accessory residential use for on-site property manager. 2. Property to be part of and subject to the conditions and recommendations of the North Sebring Area plan. 3. The Applicant shall dedicate additional rights-of-way as required by the County Engineer in order to meet the requirements of the Long Range Transportation Plan, the Land Development Regulations, the Highlands County Technical Standards Manual, and the Capital Improvement Program at the time of development. 4. Central water and central sewer shall be provided to the site, when available, for any use of the site other than for self-storage under B-3, without any other businesses operated on the site.

8A) HEARING #CPA-06-365SS – NORMAN C. SUTTON

Approximately 2.06 acres located on the East side of U.S. 27, 1/4 mile North of the intersection with Skipper Road, and abbreviated legal as follows: Approximately 2.06 acres located in Sec. 22, Twp. 35S, Rge. 29E, Highlands County, Florida. Request: A small-scale plan amendment from (Medium Density Residential) to (Commercial.)

8B) HEARING #1823 – NORMAN C. SUTTON Legal description as stated above (Item # 8A.) Request: A zoning change from R-1 (Residential district) to B-3 (Business district.) Applicant desires to construct storage warehouses.

Development Services Director, Jim Polatty, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Jackson, in accordance with the P&Z recommendation, move to adopt by Ordinance CPA-06-365SS amending the Future Land Use Map for 2.06 acres from Medium Density Residential to Commercial and adopt by Resolution P&Z 1823 changing the Zoning Atlas for 2.06 acres from R-1 (Residential district) to B-3 (Business district), referencing the mandatory findings and transmitting CPA-06-365SS to the Department of Community Affairs for their compliance determination, and becoming effective as provided by law, and including the conditions as stated below. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 15.

Conditions Pursuant to FLU Policy 11.1: Site Specific Developments 1. This parcel will be planned as an integral part of the B-4 piece immediately to the west, and specifically with

regard to ingress, egress, and traffic circulation.

9A) HEARING #CPA-06-366LS – MARK, INC. – C/O ARLAN D. SAPP Approximately 66 acres located on the East side of Lake Anoka and North of Marble Avenue, just South of the City of Avon Park, and abbreviated legal as follows: Approximately 66 acres located in Sec. 27, Twp. 33S, Rge. 28E, Highlands County, Florida. Request: A large-scale plan amendment from (Agriculture) to (High Density Residential.)

9B) HEARING #1824 – MARK, INC. – C/O ARLAN D. SAPP

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Legal description as stated above (Item # 9A.) Request: A zoning change from AU (Agricultural) to R-3 (Residential district.) Applicant desires to construct multi-family units.

Development Services Director, Jim Polatty, presented the request. Arlan Sapp, representing the applicant, briefly explained the plans for the property. John Borgemeister and Jim Brooks spoke in support of the request. Motion by Commissioner Stewart, seconded by Commissioner Stokes, in accordance with the P&Z recommendation, move to approve for transmittal CPA-06-366LS amending the Future Land Use Map for 66.0 acres, LESS AND EXCEPT that portion of the described land contained in CPA-04-278LS from Agriculture to High Density Residential, including the conditions cited below, and approve by Resolution P&Z 1824 amending the Zoning Atlas from AU (Agricultural district) to R-3 (Multiple Dwelling district), referencing the mandatory findings and transmitting CPA-06-366LS to the Department of Community Affairs for their compliance determination, and becoming effective as provided by law. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 16.

Conditions Pursuant to FLU Policy 11.1: Site Specific Developments 1. Central water and central sewer are to be provided in addition to a water and sewer commitment letter from the providing agency. 2. A traffic study shall be required using Highlands County approved methodology for Comprehensive Plan amendments. The applicant or the applicant's traffic consultant or agent shall discuss the methodology with both the County Planning and Engineering staff before proceeding with development of the study. 3. The Applicant shall dedicate additional rights-of-way as required by the County Engineer in order to meet the requirements of the Long Range Transportation Plan, the Land Development Regulations, the Highlands County Technical Standards Manual, and the Capital Improvement Program at the time of development. 4. The property shall be considered as a single project for purposes of development review and approval for all purposes under County codes.

Lunch Break 12:00 – 1:00 P.M.

10A) HEARING #CPA-06-368SS – STEVEN M. GUELFF – C/O RICK WHIDDEN 4 Lots totaling approximately 3.7 acres on the East side of U.S. 27 just North of the intersection with Tauchens Road, and abbreviated legal as follows: Approximately 3.7 acres located in Sec. 34, Twp. 35S, Rge. 29E, Highlands County, Florida. Request: A small-scale plan amendment from (Agriculture) to (Commercial.)

10B) HEARING #1826 – STEVEN M. GUELFF – C/O RICK WHIDDEN Legal description as stated above (Item # 10A.) Request: A zoning change from R-1 (Residential district) and B-2 (Limited Business district) to B-3 (Business district.) Applicant desires all permitted uses in the B-3 zoning district.

Development Services Director, Jim Polatty, presented the request. Rick Whidden, representing the applicant, briefly explained the project. Motion by Commissioner Stewart, seconded by Commissioner Maxcy, in accordance with the P&Z recommendation, move adopt by ordinance CPA-06-368SS amending the Future Land Use Map for 3.7 acres from Agriculture to Commercial and adopt by Resolution P&Z 1826 changing the Zoning Atlas for 3.7 acres from R-1 (Residential district) and B-2 (Limited Business district) to B-3 (Business district) and transmitting CPA-06-368SS to the Department of Community Affairs for their compliance determination and becoming effective as provided by law, including the conditions as listed below. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 .

Conditions Pursuant to FLU Policy 11.1: Site Specific Developments

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Conditions Pursuant to FLU Policy 11.1: Site Specific Developments 1.The Applicant shall dedicate additional rights-of-way as required by the County Engineer in order to meet the requirements of the Long Range Transportation Plan, the Land Development Regulations, the Highlands County Technical Standards Manual, and the Capital Improvement Program at the time of development. 2. The property shall be considered as a single project for purposes of development review and approval for all purposes under County codes, including shared access to U.S. 27 and vehicular interconnectivity.

11A) HEARING #CPA-06-370SS – AVON PARK LUTHER MISSION INC. – C/O RICK WHIDDEN Approximately 7 acres located on the South side of East Main Street (C.R. 64) a quarter mile East of the intersection of C.R. 17 A, East of Avon Park and abbreviated legal as follows: Approximately 7.0 acres located in Sec. 24, Twp. 33S, Rge. 28E, Highlands County, Florida. Request: A small-scale plan amendment from (Agriculture) to (Low Density Residential.)

11B) HEARING #1828 – AVON PARK LUTHER MISSION INC. – C/O RICK WHIDDEN Legal description as stated above (Item # 11A.) Request: A zoning change from AU (Agricultural) to EU (Estate district.) Applicant desires to construct single-family dwellings.

Development Services Director, Jim Polatty, presented the request. Rick Whidden, representing the applicant, briefly explained the request. Motion by Commissioner Stewart, seconded by Commissioner Stokes, in accordance with the P&Z recommendation, move to adopt and approve CPA-06-370SS amending the Future Land Use Map for 7.0 acres from Agriculture to Low Density Residential and P&Z 1828 changing the Zoning Atlas for 7.0 acres from AU (Agricultural district) to EU (Estate district), including the conditions as listed below. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 .

Conditions Pursuant to FLU Policy 11.1: Site Specific Developments 1. When Central water and wastewater service becomes available the property will be required to hook-up. 2. The Applicant shall dedicate additional rights-of-way as required by the County Engineer in order to meet the requirements of the Long Range Transportation Plan, the Land Development Regulations, the Highlands County Technical Standards Manual, and the Capital Improvement Program at the time of development.

12A) HEARING #CPA-06-371SS – SEBRING LAND DEVELOPMENT GROUP, LLC. –

C/O RICK WHIDDEN Approximately 9.9 acres located on the East side of C.R. 17 S, a quarter mile North of the railroad crossing in DeSoto City, and abbreviated legal as follows: Approximately 9.90 acres located in Sec. 11, Twp. 35S, Rge. 29E, Highlands County, Florida. Request: A small-scale plan amendment from (Agriculture) to (Low Density Residential.)

12B) HEARING #1829 – SEBRING LAND DEVELOPMENT GROUP, LLC. – C/O RICK WHIDDEN Legal description as stated above (Item # 12A.) Request: A zoning change from AU (Agricultural) to EU (Estate district.) Applicant desires to construct single-family dwellings.

Development Services Director, Jim Polatty, presented the request. Rick Whidden, representing the applicant, briefly explained the request. Motion by Commissioner Stewart, seconded by Commissioner Maxcy, in accordance with the P&Z recommendation, move to approve and adopt by Ordinance CPA-06-371SS amending the Future Land Use Map for 9.9 acres from Agriculture to Low Density Residential and adopt by Resolution P&Z 1829 changing the Zoning Atlas for 9.9 acres from AU (Agricultural district) to EU (Estate district), referencing the mandatory findings and transmitting CPA-06-371SS to the Department of Community Affairs for their compliance determination, and

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becoming effective as provided by law, including the condition as stated below. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 .

Conditions Pursuant to FLU Policy 11.1: Site Specific Developments 1. The Applicant shall dedicate additional rights-of-way as required by the County Engineer in order to meet the requirements of the Long Range Transportation Plan, the Land Development Regulations, the Highlands County Technical Standards Manual, and the Capital Improvement Program at the time of development

13A) HEARING #CPA-06-372SS – VAN KIRK INVESTMENTS II, LLC – C/O CLIFFORD

R. RHOADES, ESQ. Approximately 8.9 acres located on the West side of Catfish Creek Road at the intersection with Deanna Drive, and abbreviated legal as follows: Approximately 8.95 acres located in Sec. 2, Twp. 37S, Rge. 29E, Highlands County, Florida. Request: A small scale from (Agriculture) to (Medium Density Residential.)

13B) HEARING #1830 – VAN KIRK INVESTMENTS II, LLC – C/O CLIFFORD R. RHOADES, ESQ. Legal description as stated above (Item # 13A.) Request: A zoning change from AU (Agricultural) to R-1A (Residential district.) Applicant desires to construct single-family dwellings.

Development Services Director, Jim Polatty, presented the request. Cliff Rhoades, representing the applicant, briefly explained the request, adding that the applicant is willing to have a restrictive covenant recorded limiting the development to 15 single family residential units. The following witnesses were sworn in by the court reporter, and questioned by Mr. Rhoades: Development Services Director, Jim Polatty, Rick Whidden, Timothy Van Kirk, property owner, and Jeffrey Katims, a Professional Land Use Planner hired by the applicant. The Chair opened the floor to the public. Hoz Compton, Ray Royce, Jon Draper, Susan Compton, Bill Compton, James Perry, and Charlie Swift spoke in opposition to the request, expressing concern about the development having lake access. Motion by Commissioner Stewart, seconded by Commissioner Maxcy, in accordance with the P&Z recommendation, move to approve and adopt by Ordinance CPA-06-372SS amending the Future Land Use Map for 8.95 acres from Agriculture to Medium Density Residential, including the conditions as stated, and adopt by Resolution P&Z 1830 changing the Zoning Atlas for 8.95 acres from AU (Agricultural district) to R-1A (Residential district), referencing the mandatory findings and transmitting CPA-06-372SS to the Department of Community Affairs for their compliance determination, and becoming effective as provided by law. Upon roll call, all Commissioners voted aye, except Commissioner Stokes and Bullard, who voted nay. Motion carried. Mr. Rhoades stated his client’s objection to the motion, including the condition restricting lake access through adjacent properties. He requested to reserve the right to withdraw the petition. Chairman Bullard stated the petition has already been voted on. Board Attorney, Ross Macbeth, stated the application has not become effective according to law, so the applicant could withdraw the petition anytime during the process. See Res. Book 19 Page 20.

Conditions Pursuant to FLU Policy 11.1: Site Specific Developments 1. The development of the parcel shall be limited to 15 lots. 2. No more than one vehicular access is allowed to Catfish Creek Road. 3. The Applicant shall dedicate additional rights-of-way as required by the County Engineer in order to meet the requirements of the Long Range Transportation Plan, the Land Development Regulations, the Highlands County Technical Standards Manual, and the Capital Improvement Program at the time of development. 4. When central wastewater services becomes available, the development shall connect for service.

5. The development shall not have access to Lake June-in-Winter thru adjacent properties.

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Break 3:20 - 3:35 P.M.

14A) HEARING #CPA-06-373SS – THOMAS M. WOHL TRUST & T.M. & MARJORIE R. WOHL TRS. – C/O RICK WHIDDEN 12 quarter acre Lots on the South side of Hammock Road, just West of the intersection with Lockman Boulevard, and abbreviated legal as follows: Approximately 2.8 acres Located in Sec. 3, Twp. 35S, Rge. 28E, Highlands County, Florida. Request: A small-scale plan amendment from (Medium Density Residential) to (High Density Residential.)

14B) HEARING #1831 – THOMAS M. WOHL TRUST & T.M. & MARJORIE R. WOHL TRS. – C/O RICK WHIDDEN Legal description as stated above (Item # 14A.) Request: A zoning change from R-3 FUD (Multiple Dwelling district with a Flexible Unit Development) to R-3 FUD (Multiple Dwelling district with a Flexible Unit Development.) Applicant desires to construct single-family dwellings.

Development Services Director, Jim Polatty, presented the request. Rick Whidden, representing the applicant, briefly explained the request. John Schumacher spoke in opposition. Motion by Commissioner Stokes, seconded by Commissioner Stewart, in accordance with the P&Z recommendation, move to approve, including the conditions cited below, and adopt by Ordinance CPA-06-373SS amending the Future Land Use Map for 2.8 acres from Medium Density Residential to High Density Residential and adopt by Resolution P&Z 1831 changing the Zoning Atlas for 2.8 acres from R-3 FUD (Multiple Dwelling district with a Flexible Unit Development) to R-3 FUD (Multiple Dwelling district with a Flexible Unit Development), including the site plan as presented in the application, referencing the mandatory findings and transmitting CPA-06-373SS to the Department of Community Affairs for their compliance determination, and becoming effective as provided by law. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 21.

Conditions Pursuant to FLU Policy 11.1: Site Specific Developments 1. The number of units is to be capped at 18 dwelling units.

15A) HEARING #CPA-06-374SS – SAXON GROVES, INC. – C/O CHARLES CULLENS

Approximately 2.5 acres located on the West shore of Lake Lelia, North of College Drive, and South of Martin Road, and abbreviated legal as follows: Approximately 2.43 acres located in Sec. 34, Twp. 33S, Rge. 28E, Highlands County, Florida. Request: A small-scale plan amendment from (Low Density Residential) to (High Density Residential.)

15B) HEARING #1832 – SAXON GROVES, INC. – C/O CHARLES CULLENS Legal description as stated above (Item # 15A.) Request: A zoning change from EU (Estate district) to R-3 (Multiple Dwelling district.) Applicant desires to construct multi-family dwellings.

Development Services Director, Jim Polatty, presented the request. Jim Brooks, representing the applicant, briefly explained the request. Motion by Commissioner Stewart, seconded by Commissioner Jackson, in accordance with the P&Z recommendation, move to approve, including the conditions cited below, and adopt by Ordinance CPA-06-374SS amending the Future Land Use Map for 2.43 acres from Low Density Residential to High Density Residential and adopt P&Z 1832 by Resolution changing the Zoning Atlas for 2.43 acres from EU (Estate district) to R-3 (Multiple Dwelling district) referencing the mandatory findings and transmitting CPA-06-374SS to the Department of Community

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Affairs for their compliance determination, and becoming effective as provided by law. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 22.

Conditions Pursuant to FLU Policy 11.1: Site Specific Developments 1. The Applicant shall dedicate additional rights-of way as required by the County Engineer in order to meet the requirements of the Long Range Transportation Plan, the Land Development Regulations, the Highlands County Technical Standards Manual, and the Capital Improvement Program at the time of development. 2. The development will be served by central water and wastewater service. 3. The property shall be considered as a single project for purposes of development review and approval for all purposes under County Codes with the High Density residential property to the west.

16) HEARING #1833 – JEFFREY STRANGE – C/O STEVEN FRUIT

Approximately 40 acres located South of Huntley Drive just North of Highway Park Subdivision, South of Lake Placid, and abbreviated legal as follows: Approximately 40 acres located in Secs. 6 and 7, Twp. 37S, Rge. 30E, Highlands County, Florida. Request: A zoning change from AU (Agricultural) to R-1A (Residential district.) Applicant desires to construct single-family dwellings.

Development Services Director, Jim Polatty, presented the request. Steve Fruit, representing the applicant, briefly explained the request. Motion by Commissioner Stewart, seconded by Commissioner Stokes, in accordance with the P&Z recommendation, move to approve and adopt by Resolution P&Z 1833 changing the Zoning Atlas for 40.0 acres from AU (Agricultural district) to R-1A (Residential district), referencing the mandatory findings, becoming effective as provided by law. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 23.

17) HEARING #CPA-06-375SS – ANNE DECKER – C/O MARCIA & DEAN PODSTUPKA Approximately 1/3 acre Parcel on the South side of Hammock Road, 1,000 feet West of the intersection with Jacklin Avenue, and abbreviated legal as follows: Approximately .344 acres located in Sec. 2, Twp. 35S, Rge. 28E, Highlands County, Florida. Request: A small-scale plan amendment (Agriculture) to (Commercial.)

Development Services Director, Jim Polatty, presented the request. Motion by Commissioner Stokes, seconded by Commissioner Jackson, in accordance with the P&Z recommendation, move to direct staff to process an amendment for this parcel that amends the Future Land Use Map for 0.34 acres from Agriculture to High Density Residential and that any additional fees in this matter be waived and that staff process this case at the next possible agenda. Upon roll call, all Commissioners voted aye. Motion carried.

18A) HEARING #CPA-06-376SS – HANS C. AND JEANETTE L. PEDERSEN, TRUSTEES OF HANS & JEANETTE PEDERSEN LIVING TRUST An approximately 1.5 acre Parcel between Sailfish and Dolphin Avenue, North of Washington Boulevard, in Highlands Park Estates, and abbreviated legal as follows: Approximately 1.499 acres located in Sec. 21, Twp. 36S, Rge. 30E, Highlands County, Florida. Request: A small-scale plan amendment from (Agriculture) to (Medium Density Residential.)

18B) HEARING #1834 - HANS C. AND JEANETTE L. PEDERSEN, TRUSTEES OF HANS & JEANETTE PEDERSEN LIVING TRUST Legal description as stated above (Item # 18A.) Request: A zoning change from B-2 (Limited Business district) to R-1 (Residential district.) Applicant desires to construct a single-family dwelling.

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Development Services Director, Jim Polatty, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Stokes, in accordance with the P&Z recommendation, move to adopt by Ordinance CPA-06-376SS amending the Future Land Use Map for 1.499 acres from Agriculture to Medium Density Residential and adopt by Resolution P&Z 1834 changing the Zoning Atlas for 1.499 acres from B-2 (Limited Business district) to R-1 (Residential district), referencing the mandatory findings and transmitting CPA-06-376SS to the Department of Community Affairs for their compliance determination, and becoming effective as provided by law. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 24.

19A) HEARING #CPA-377LS – EMW ASSOCIATES LLC, - C/O ROGER DALE POLSTON Approximately 24 acres located South of Lake Josephine Drive on both sides of Josephine Creek, and abbreviated legal as follows: Approximately 23.93 acres located in Secs. 33 and 34, Twp. 35S, Rge. 29E, Highlands County, Florida. Request: A large-scale plan amendment from (Agriculture) to (Low Density Residential.)

19B) HEARING #1835 – EMW ASSOCIATES LLC, - C/O ROGER DALE POLSTON Legal description as stated above (Item # 19A.) Request: A zoning change from AU (Agricultural) to EU (Estate district.) Applicant desires to construct single-family dwellings.

Development Services Director, Jim Polatty, presented the request. Dale Polston, representing the applicant, briefly explained the request. Commissioner Stewart expressed concern about the effects on Josephine Creek. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, in accordance with the P&Z recommendation, move to approve, including the conditions cited below, and adopt by Ordinance CPA-06-377LS amending the Future Land Use Map for 20 acres from Agriculture to Low Density Residential and adopt by Resolution P&Z 1835 changing the Zoning Atlas for 20 acres more or less from AU (Agricultural district) to EU (Estate district), referencing the mandatory findings and transmitting CPA-06-377LS to the Department of Community Affairs for their compliance determination, and becoming effective as provided by law. Upon roll call, all Commissioners voted aye, except Commissioner Stewart, who voted nay. Motion carried. See Res. Book 19 Page 25.

Conditions Pursuant to FLU Policy 11.1: Site Specific Developments 1. Must adhere to the conditions adopted by the Board of County Commissioners on December 27, 2005 for the adjacent plan amendment (CPA-05-343LS), with the conditions being the requirement of central water and septic tanks, and that the septic tank drain fields be set back 150 feet from Josephine Creek. The proposed amendment is a continuation of project referenced in CPA-05-343LS. 2. The number of units is to be capped at 20 dus.

3. Environmental clearance, if required, of impacts to Wetlands, Cutthroat Grass Seeps, and Xeric Uplands will be necessary prior to development. No development order or permit will be issued unless prescribed environmental mitigation is accomplished. Concurrency assessment for traffic circulation, sanitary sewer, potable water, solid waste disposal, storm water drainage, and recreation and open space will be required prior to development. All development orders and permits will specify any needed improvements, and a schedule for their implementation, including any conditions that require public facility improvements, be in place concurrent with the impacts of the proposed development.

Break 4:50 – 5:00 P.M.

20A) HEARING #CPA-06-378LS – SANDY RIDGE GROVES, INC. – C/O ARNOLDO R. ROBELO AND ROGER DALE POLSTON Approximately 40 acres located on the East side of Tractor Road, North of Highlands Oaks R.V. Resort, and abbreviated legal as follows: Approximately 39.15 acres located in Sec. 15, Twp. 35S, Rge. 29E, Highlands County, Florida.

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Request: A large-scale plan amendment from (Agriculture) to (High Density Residential.) 20B) HEARING #1836 – SANDY RIDGE GROVES, INC. – C/O ARNOLDO R. ROBELO

AND ROGER DALE POLSTON Legal description as stated above (Item # 20A.) Request: A zoning change from AU (Agricultural) to R-3 (Multiple Dwelling district.) Applicant desires to construct townhouses/condominiums multifamily units as allowed by the R-3 zoning.

Development Services Director, Jim Polatty, presented the request. Dale Polston, representing the applicant, requested to withdraw the zoning change hearing, and stated the applicant is willing to reduce the density to nine units per acre, and put in a 40-foot buffer. The Chair opened the floor to the public. Lisa Bond, Don Adams, Larry Owenfield, Dave Eckbard, John Egizi, Danielle Conners, Judy Fox, Benjamin Berman, Jim Bozeman, Greg Clark, Barry Rudd, Martha Carter, and Renee Kennedy all spoke in opposition to the request. Mr. Polston stated the applicant would agree to Medium Density Residential. Motion by Commissioner Stewart, seconded by Commissioner Jackson, move to approve for transmission of CPA-06-378LS, including the conditions cited below, amending the Future Land Use Map for 39.15 acres from Agriculture to Medium Density Residential, referencing the mandatory findings and transmit to the Florida Department of Community Affairs for their determination of compliance with state law. Upon roll call, all Commissioners voted aye. Motion carried.

Conditions Pursuant to FLU Policy 11.1: Site Specific Developments 1. Central water and central sewer are to be provided in addition to a water and sewer commitment letter included for transmittal to DCA. 2. The number of units is to be capped at 313 dus. 3. A traffic study shall be required using Highlands County approved methodology for Comprehensive Plan amendments. The applicant or the applicant's traffic consultant or agent shall discuss the methodology with both the County Planning and Engineering staff before proceeding with development of the study. 4. Environmental clearance, if required, of impacts to Wetlands, Cutthroat Grass Seeps, and Xeric Uplands will be necessary prior to development. No development order or permit will be issued unless prescribed environmental mitigation is accomplished. Concurrency assessment for traffic circulation, sanitary sewer, potable water, solid waste disposal, storm water drainage, and recreation and open space will be required prior to development. All development orders and permits will specify any needed improvements, and a schedule for their implementation, including any conditions that require public facility improvements, be in place concurrent with the impacts of the proposed development. 5. The Applicant shall dedicate additional rights-of way as required by the County Engineer in order to meet the requirements of the Long Range Transportation Plan, the Land Development Regulations, the Highlands County Technical Standards Manual, and the Capital Improvement Program at the time of development. 6. The property shall be considered as a single project for purposes of development review and approval for all purposes under County Codes. 7. The applicant will submit a zoning change application to amend the zoning to R-2 PD (Planned Development) 8. A minimum of Type “A” transitional yard will be included on the north and east side of the development.

21) HEARING #1837 – SEBRING AIRPORT AUTHORITY – C/O J. MICHAEL SWAINE

Approximately 2,190 acres located at the end of Airport Road, East of the City Sebring, and abbreviated legal as follows: Approximately 2,190 acres located in Secs. 4, 5, 6, 7, 8, and 9, Twp. 35S, Rge. 30E, Highlands County, Florida. Request: A zoning change to A-1 (Airport district.) Applicant desires all uses permitted in the A-1 district.

Development Services Director, Jim Polatty, presented the request. Mike Swain spoke on behalf of the applicant. Motion by Commissioner Stewart, seconded by Commissioner Stokes, in accordance with

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the P&Z recommendation, move to approve and adopt by Resolution P&Z 1837 changing the Zoning Atlas for 2,110 acres to A-1 (Airport district) referencing the mandatory findings, becoming effective as provided by law. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 26.

22A) HEARING #CPA-06-387LS – LAKE BYRD, LLC – C/O MICHAEL GALAHER An approximate 9.9 acre Parcel North of Lake Byrd Boulevard and West of U.S. 27, North of the City of Avon Park, and abbreviated legal as follows: an approximate 9.997 acres located in Sec. 9, Twp. 33S, Rge. 28E, Highlands County, Florida. Request: A large-scale plan amendment from (Agriculture) to (Medium Density Residential.)

22B) HEARING #1838 – LAKE BYRD, LLC – C/O MICHAEL GALAHER Legal description as stated above (Item # 22A.) Request: A zoning change from M-2 (Mobile Home Parks district) and CG-2 (Campground district) to R-1 (Residential district). Applicant desires to construct single-family dwellings.

Development Services Director, Jim Polatty, presented the request. Mike Gallaher, representing the applicant, stated his client is offering to record a restrictive easement, for the presently zoned campground property, which will prevent its development until it is re-zoned. Motion by Commissioner Stewart, seconded by Commissioner Maxcy, in accordance with the P&Z recommendation, move to approve for transmittal CPA-06-387LS, amending the Future Land Use Map for 9.997 acres from Agriculture to Medium Density Residential and approve Resolution P&Z 1838 changing the Zoning Atlas for 9.997 acres from M-2 (Mobile Home Parks district) and CG-2 (Campground district) to R-1 (Residential district), referencing the mandatory findings and transmitting CPA-06-387LS to the Department of Community Affairs for their compliance determination, and becoming effective as provided by law, including the conditions as stated below. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 27.

Conditions Pursuant to FLU Policy 11.1: Site Specific Developments 1. The maximum number of units is 20. 2. A Restrictive easement, regarding the CG-2 property to the east, that prevents development until a conforming zoning district is adopted, will be recorded by the applicant. 3. The property shall be considered as a single project for purposes of development review and approval for all purposes under County Codes. 4. The Applicant shall dedicate additional rights-of way as required by the County Engineer in order to meet the requirements of the Long Range Transportation Plan, the Land Development Regulations, the Highlands County Technical Standards Manual, and the Capital Improvement Program at the time of development 5. Central water and sewer will be provided when available, and letter of commitment will be included for transmittal to DCA.

23A) HEARING #CPA-06-380LS – CHAIN OF LAKES, LLC – RICK WHIDDEN

Approximately 70 acres located on the Southwest intersection of U.S. 27 and Lake Francis Road, North of the Town of Lake Placid, and abbreviated legal as follows: Approximately 70.45 acres located in Sec. 14, Twp. 36S, Rge. 29E, Highlands County, Florida. Request: A large scale plan amendment from (Agriculture) to (Medium Density Residential) and (High Density Residential.)

23B) HEARING #1839 – CHAIN OF LAKES, LLC – RICK WHIDDEN Legal description as stated above (Item # 23A.) Request: A zoning change from AU (Agricultural) to R-1 (Residential district) and R-3 (Multiple Dwelling district.) Applicant desires to construct single family dwellings and multi-family units.

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Development Services Director, Jim Polatty, presented the request. Rick Whidden, representing the applicant, stated his client is withdrawing the re-zone request for the R-3 (Multiple Dwelling district). Barbara Cook and Diane Kerr spoke in support of the request. Motion by Commissioner Stewart, seconded by Commissioner Maxcy, in accordance with the P&Z recommendation, move to approve CPA-06-380LS amending the Future Land Use Map for 70.45 acres from Agriculture to Medium Density Residential and High Density Residential and approve by Resolution P&Z 1839 changing the Zoning Atlas for 54.45 acres from AU (Agricultural district) to R-1 (Residential district), referencing the mandatory finding, and transmitting CPA-06-380LS to DCA for their compliance determination and becoming effective as provided by law, including the conditions as stated below. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 28.

Conditions Pursuant to FLU Policy 11.1: Site Specific Developments 1. Central water and central sewer are to be provided in addition to a water and sewer commitment letter will be provided for transmittal to DCA. 2. The maximum number of units in the Medium Residential area is 135. 3. The Applicant shall dedicate additional rights-of way as required by the County Engineer in order to meet the requirements of the Long Range Transportation Plan, the Land Development Regulations, the Highlands County Technical Standards Manual, and the Capital Improvement Program at the time of development. 4. The property shall be considered as a single project for purposes of development review and approval for purposes under County Codes. 5. A zoning change application to R-3 FUD will be submitted for the 16 acres of High Density Residential. 6. Property owner agrees to limit the development to one dock and boat house for each lakefront lot, one dock for the clubhouse and no boat ramp. 7. A traffic study shall be required using Highlands County approved methodology for Comprehensive Plan amendments. The applicant or the applicant's traffic consultant or agent shall discuss the methodology with both the County Planning and Engineering staff before proceeding with development of the study.

24A) HEARING #CPA-06-381LS – H & M PROPERTIES OF SEBRING, LLC – C/O RICK

WHIDDEN Approximately 54 acres located on the East side of U.S. 27, South of C.R. 29 and Camp Florida RV Park, and abbreviated legal as follows: Approximately 54.52 acres located in Sec. 17, Twp. 37S, Rge. 30E, Highlands County, Florida. Request: A large-scale plan amendment from (Agriculture) and (Conservation Managements Lands Units district) to (High Density Residential.)

24B) HEARING #1840 – H & M PROPERTIES OF SEBRING, LLC – C/O RICK WHIDDEN Legal description as stated above (Item # 24A.) Request: A zoning change from CG-3 (Campground district) to R-3 FUD (Multiple Dwelling district with a Flexible Unit Development.) Applicant desires to construct townhouses and a villa community.

Development Services Director, Jim Polatty, presented the request. Rick Whidden spoke on behalf of the applicant. The re-zone application has been withdrawn. Hank Kowalski and Walt Courtney spoke in opposition to the request. Kurt Olsen and Dennis Mee spoke in favor of the request. Commissioner Stewart read a letter from Dr. Hilary Swain in to the record, stating her concerns about environmental issues on the property. Motion by Commissioner Stokes, seconded by Commissioner Jackson, in accordance with the P&Z recommendation, move to approve, including the conditions cited below, for transmittal CPA-06-381LS amending the Future Land Use Map for 38.52 acres from Agriculture to High Density Residential, referencing the mandatory findings and transmitting CPA-06-381LS to the Department of Community Affairs for their compliance determination, and becoming effective as

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provided by law. Upon roll call, all Commissioners voted aye, except Commissioner Stewart, who voted nay. Motion carried.

Conditions Pursuant to FLU Policy 11.1: Site Specific Developments 1. Central water and central sewer are to be provided in addition to a water and sewer commitment letter. 2. The Applicant shall dedicate additional rights-of way as required by the County Engineer in order to meet the requirements of the Long Range Transportation Plan, the Land Development Regulations, the Highlands County Technical Standards Manual, and the Capital Improvement Program at the time of development. 3. The number of units is to be capped at 231 dus. 4. A traffic study shall be required using Highlands County approved methodology for Comprehensive Plan amendments. The applicant or the applicant's traffic consultant or agent shall discuss the methodology with both the County Planning and Engineering staff before proceeding with development of the study.

5. A complete site plan, including the items listed above in section F.7, must be provided.

6. Environmental clearance for impacted xeric uplands (scrub) is required. 7. Environmental clearance, if required, of impacts to Wetlands and Cutthroat Grass Seeps will be necessary prior to development. No development order or permit will be issued unless prescribed environmental mitigation is accomplished. Concurrency assessment for traffic circulation, sanitary sewer, potable water, solid waste disposal, storm water drainage, and recreation and open space will be required prior to development. All development orders and permits will specify any needed improvements, and a schedule for their implementation, including any conditions that require public facility improvements, be in place concurrent with the impacts of the proposed development. 8. The Property will not be developed under the CG-3 zoning district regulations. An application will be submitted for a zoning change to R-3 FUD as the implementing zoning district. Prior to making the zoning change, an environmental study of the complete 38.32 acre site will be conducted.

Break 7:15 – 7:25 P.M.

25A) HEARING #CPA-382LS – JOHN L. & DONNA B. WHITTINGTON – C/O RICK

WHIDDEN Approximately 40 acres located on the East side of Twitty Road, 1/4 mile South of the intersection with Skipper Road, and abbreviated legal as follows: Approximately 39.46 acres located in Sec. 27, Twp. 35S, Rge. 29E, Highlands County, Florida. Request: A large-scale plan amendment from (Agriculture) to (Industrial.)

25B) HEARING #1841 – JOHN L. & DONNA B. WHITTINGTON – C/O RICK WHIDDEN Legal description as stated above (Item # 25A.) Request: A zoning change from AU (Agricultural) to I-2 (Industrial district.) Applicant desires industrial office and Warehouse Park.

Development Services Director, Jim Polatty, presented the request. Rick Whidden, representing the applicant, briefly explained the request. The applicant has offered a restrictive covenant for the property. Board Attorney, Ross Macbeth, read some suggested language for the restrictive covenant. Motion by Commissioner Stokes, seconded by Commissioner Stewart, in accordance with the P&Z recommendation, move to approve, including the conditions cited below, and adopt by Ordinance CPA-06-382LS amending the Future Land Use Map for 39.46 acres from Agriculture to Industrial and adopt by Resolution P&Z 1841 changing the Zoning Atlas for 39.46 acres from AU (Agricultural district) to I-2 (Industrial district), referencing the mandatory findings and transmitting CPA-06-382LS to the Department of Community Affairs for their compliance determination, and becoming effective as provided by law. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 29.

Conditions Pursuant to FLU Policy 11.1: Site Specific Developments 1. Central water and central sewer are to be provided in addition to a water and sewer commitment letter.

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Conditions Pursuant to FLU Policy 11.1: Site Specific Developments 2. Internal connectivity shall be effected within all parts of the park. The property shall be considered as a single project for purposes of development review and approval for all purposes under County Codes. No billboards will be allowed on the site. 3. One major access point (formal entrance) off Twitty Road but not to exceed two on any one road. 4. A traffic study is required using Highlands County approved methodology for Comprehensive Plan amendments. The applicant or the applicant's traffic consultant or agent shall discuss the methodology with both the County Planning and Engineering staff before proceeding with development of the study. Sufficient rights-of way to accommodate the functional classification requirements for Twitty Road will be required. 5. The Applicant shall dedicate additional rights-of way as required by the County Engineer in order to meet the requirements of the Long Range Transportation Plan, the Land Development Regulations, the Highlands County Technical Standards Manual, and the Capital Improvement Program at the time of development. 6. A restrictive easement shall be recorded by the applicant which includes the following restrictions: (1) The Whittington property may not be used for any use described in the Highlands County Zoning Code I-2 Zoning District other than: (a) Manufacture of asphalt, brick, tile, cement, block, plaster, concrete or products there of, and (b) Any uses permitted in the I-1 Zoning District other than, (i) Those allowed in the B-3 and B-4 Zoning Districts by special exception, and (ii) those allowed in the B-1 or B-2 Zoning Districts, as amended from time to time. (2) Access through Whittington property: No part of Whittington property shall be used for access to allow any vehicular access to any other properties to the North, East, or South across the Whittington property to Twitty Road. The primary ingress and egress for traffic to and from Whittington property shall be Twitty Road.

26A) HEARING #CPA-06-385LS – CHUCH C. JOO, SALLY HYRYUNG JOO BAILEY,

SANDRA HYESUN JOO, LEAH HYEK YOUNG JOO – C/O RICK WHIDDEN Approximately 9 acres located on the East side of U.S. 27, behind the existing commercial zoning, and just South of the New Lowe’s Development, and abbreviated legal as follows: Approximately 9.0 acres located in Sec. 26, Twp. 34S, Rge. 28E, Highlands County, Florida. Request: A large-scale plan amendment from (Medium Density Residential) to (Commercial.)

26B) HEARING #1844 – CHUCH C. JOO, SALLY HYRYUNG JOO BAILEY, SANDRA HYESUN JOO, LEAH HYEK YOUNG JOO – C/O RICK WHIDDEN Legal description as stated above (Item # 26A.) Requesting a zoning change from R-1 (Residential district) and R-2 (Two-Family Dwelling district) to B-3 (Business district.) Applicant desires all the permitted uses in the B-3 district.

Development Services Director, Jim Polatty, presented the request. Rick Whidden, representing the applicant, briefly explained the request. John Borgemeister stated a traffic study has been submitted to the County. Richard Rose and Clarence Polston spoke in opposition to the request. Bob Hesselink expressed concern about flooding. Motion by Commissioner Maxcy, seconded by Commissioner Jackson, in accordance with the P&Z recommendation, move to approve, including the conditions cited below, and adopt by Ordinance CPA-06-385LS amending the Future Land Use Map for 9.0 acres from Medium Density Residential to Commercial and adopt by Resolution P&Z 1844 changing the Zoning Atlas for 9.0 acres from R-1 (Residential district) and R-2 (Two-family Dwelling district) to B-3 (Business district), referencing the mandatory findings and transmitting CPA-06-385LS to the Department of Community Affairs for their compliance determination, and becoming effective as provided by law. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 30.

Conditions Pursuant to FLU Policy 11.1: Site Specific Developments 1. Central water and central wastewater service are to be provided in conjunction with a water and sewer commitment letter. 2. A traffic study shall be required using Highlands County approved methodology for Comprehensive Plan amendments. The applicant or the applicant's traffic consultant or agent shall discuss the methodology with both the County Planning and Engineering staff before proceeding with development of the study.

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Conditions Pursuant to FLU Policy 11.1: Site Specific Developments 3. On site interconnectivity with adjacent commercial areas shall be required where applicable. The property shall be considered as a single project for purposes of development review and approval for all purposes under County Codes.

4. The Applicant shall dedicate additional rights-of-way as required by the County Engineer in order to meet the requirements of the Long Range Transportation Plan, the Land Development Regulations, the Highlands County Technical Standards Manual, and the Capital Improvement Program at the time of development. 5. Environmental clearance, if required, of impacts to Wetlands, Cutthroat Grass Seeps, and Xeric Uplands will be necessary prior to development. No development order or permit will be issued unless prescribed environmental mitigation is accomplished. Concurrency assessment for traffic circulation, sanitary sewer, potable water, solid waste disposal, storm water drainage, and recreation and open space will be required prior to development. All development orders and permits will specify any needed improvements, and a schedule for their implementation, including any conditions that require public facility improvements, be in place concurrent with the impacts of the proposed development.

6. Storm water received from off site shall receive the same treatment and flooding control post development as existed pre-development.

27A) HEARING #CPA-06-386LS - CHUCH C. JOO, SALLY HYRYUNG JOO BAILEY, SANDRA HYESUN JOO, LEAH HYEK YOUNG JOO – C/O RICK WHIDDEN Approximately 18.4 acres located on the East side of U.S. 27, behind the commercial zoning, just North of Brunner’s Mobile Subdivision, and abbreviated legal as follows: Approximately 18.39 acres located Sec. 26, Twp. 34S, Rge. 28E, Highlands County, Florida. Request: A large-scale plan amendment from (Medium Density Residential) to (High Density Residential.)

27B) HEARING #1845 - CHUCH C. JOO, SALLY HYRYUNG JOO BAILEY, SANDRA HYESUN JOO, LEAH HYEK YOUNG JOO – C/O RICK WHIDDEN Legal description as stated above (Item # 27A.) Request: A zoning change from R-1 (Residential district) and R-2 (Two-Family Dwelling district) to R-3 (Multiple Dwelling district.) Applicant desires to construct multi-family dwelling development.

Development Services Director, Jim Polatty, presented the request. Rick Whidden, representing the applicant, stated they have agreed to fence and buffer the property and cut off all connectivity to the Highlands Towers subdivision. They are also going to vacate the plat if the request is approved today. Tom Andrews, Danny Yarbrough, Gary Lower, and Kenneth Beard spoke in support of the request. Richard Rose, Clarence Polston, Cindy Rose, Bob Hesselink, Edward Dixon, George Frick, Dawn Crawford, Maria Mitil, Roberto Mitil, and Catherine Rose spoke in opposition to the request. John Borgemeister, representing the applicant, stated his client has agreed to record a restrictive covenant, to run with the property, and to limiting the property to residential development only. Motion by Commissioner Stewart, seconded by Commissioner Stokes, move to recommend approval, including the conditions cited below, for transmittal, CPA-06-386LS amending the Future Land Use Map for 18.39 acres from Medium Density Residential to High Density Residential and adopt by Resolution P&Z 1845 amending the Zoning Atlas from R-1 (Residential district) and R-2 (Two-Family Dwelling district) to R-3 (Multiple Dwelling district), referencing the mandatory findings, and transmitting CPA-06-386LS to the Department of Community Affairs for their compliance determination, and becoming effective as provided by law. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 31.

Conditions Pursuant to FLU Policy 11.1: Site Specific Developments 1. Central water and central wastewater service are to be provided in addition to a water and sewer commitment letter.

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Conditions Pursuant to FLU Policy 11.1: Site Specific Developments 2. A traffic study shall be required using Highlands County approved methodology for Comprehensive Plan amendments. The applicant or the applicant's traffic consultant or agent shall discuss the methodology with both the County Planning and Engineering staff before proceeding with development of the study. 3. The Applicant shall dedicate additional rights-of-way as required by the County Engineer in order to meet the requirements of the Long Range Transportation Plan, the Land Development Regulations, the Highlands County Technical Standards Manual, and the Capital Improvement Program at the time of development. 4. Environmental clearance, if required, of impacts to Wetlands, Cutthroat Grass Seeps, and Xeric Uplands will be necessary prior to development. No development order or permit will be issued unless prescribed environmental mitigation is accomplished. Concurrency assessment for traffic circulation, sanitary sewer, potable water, solid waste disposal, storm water drainage, and recreation and open space will be required prior to development. All development orders and permits will specify any needed improvements, and a schedule for their implementation, including any conditions that require public facility improvements, be in place concurrent with the impacts of the proposed development. 5. A buffer shall be placed on the Southside of the property and the Eastside of the property beginning at the corner of the motel on the Southside and ending at the Northeast corner of the property. This buffer shall be 15 feet in width and shall be landscaped per the County LDR’s. In the middle of the landscape buffer or yard there shall be a 6 foot in height masonry wall located on an approximately 2 foot in height berm. The construction and maintenance of the landscape buffer shall be the responsibility of the owner or his successor. 6. The property shall be considered as a single project for purposes of development review and approval for all purposes under County Codes. 7. The R-3 uses shall be limited to residential per the R-3 Code. 8. Storm water received from off site shall receive the same treatment and flooding control post development as existed pre-development. 9. The applicant will petition to vacate the plat and all roads shown thereof. 10. A restrictive easement signed by the owners of the property in favor of the Board of County Commissioners shall be filed that prohibits access from the property to the east into the adjacent neighborhood. 11. The applicant shall apply for a zoning change to R-3 CU, restricting the use for multiple family development only.

Break 10:55 – 11:00 P.M.

28) PUBLIC HEARING – HEARING #CPA-06-379LS: Amending the Text of Selected Elements of the Comprehensive Plan.

Development Services Director, Jim Polatty, presented the request. The Commissioners went through the text of the Comprehensive Plan, making suggested changes and pointing out typographical errors. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to approve amending the text of selected elements otf the Comprehensive Plan, as amended. Upon roll call, all Commissioners voted aye. Motion carried.

29) PUBLIC HEARING – HEARING #CPA-06-390LS: Amending the Text and the Future

Land Use Map of the Comprehensive Plan by inserting the North Sebring Specific Area Plan. Development Services Director, Jim Polatty, stated this hearing is being withdrawn at this time. 15. ACTION: Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to set action agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.

1. Development Services Director: Request approval to advertise for a Planner I position.

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Development Services Director, Jim Polatty, presented the request. Motion by Commissioner Stokes, seconded by Commissioner Maxcy, to approve the request to authorize Human Resources to advertise and interview for a Planner I, who is to be hired contingent upon approval of a revised interlocal agreement by both the County Commission and the Lake Placid Town Council. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 48 Page 11.

2. County Administrator: Request approval of Contract Extension/Renewal County Administrator, Carl Cool, presented the request from Reliable Sanitation for a one-month extension of the deadline for turning in their annual audit. Motion by Commissioner Jackson, seconded by Commissioner Stokes, to approve the request as stated. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 48 Page 12.

3. Board Attorney: Request approval to terminate contract

Board Attorney, Ross Macbeth, presented the request to approve an agreement to terminate the contracts with Meridian Community Services Group, Inc., and authorize the Chairman to sign the agreement. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to approve the request as stated. Upon roll call, all Commissioners voted aye. Motion carried. See Housing file.

16. CITIZENS NOT ON AGENDA No participants. 17. COMMISSIONERS: No reports. 18. ADJOURN The meeting adjourned at 11:25 P.M.

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REGULAR MEETING OF THE BOARD FEBRUARY 7, 2006 1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at




Barbara Stewart 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Commissioner Andrew Jackson. The Pledge of Allegiance was led by Charles Krueger, past Commander of the Lake Placid VFW Post 3880.

3. Call for “Citizens not on the agenda” forms to be turned in

4. ANNOUNCEMENTS

A. Clerk Deputy Clerk, Bob Jamison, presented a report of a Monthly Report of Business Services for January as provided by the Highlands County Clerk of Courts, L.E. “Luke” Brooker. See SMB 48 Page 13.

B. Upcoming County meetings: Feb 06 8:00 AM Executive Committee for the Industrial

Development Authority and the Economic Development Commission

2113 US 27 S., Sebring

Feb 21 1:00 PM Placid Utilities Water Advisory Committee

Room 213, 505 S. Commerce Ave.

Feb 07 7:00 PM Construction Licensing, Enforcement & Appeals Board

Boardroom, 600 S. Commerce Ave.

Feb 08 7:30 AM Industrial Development Authority and the Economic Development Commission Board of Directors

2113 US 27 S., Sebring

Feb 08 9:30 AM Central Florida Regional Planning Council

Bartow Public Library, 2nd Floor Conference Room, 2150 S. Broadway Ave., Bartow

Feb 09 12:00 PM Keep Highlands County Beautiful, Inc. Board of Directors

6000 Skipper Rd.

Feb 13 9:00 AM HC Homeowners Association 3240 Grand Prix Drive

C. Other meetings: The Salvation Army will be holding their Annual Civic Luncheon on February 17th at the Kenilworth Lodge. The Community Traffic Safety Team will meet on February 8th at 10 a.m. at the Agri-Civic Center.

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

A. Request approval to pay all duly authorized bills and employee benefits February 7, 2006

General ……………………………………… 2,814,281.44

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County Transportation Trust ………………… 47,010.86 E911 Operations Fund …………………………. 1,396.69 Intergovt Radio Communications ………….…...7,565.00 Local Govt Infra Surtax……….……………. 172,119.70 Tourist Development Trust Fund ………….…... 2,682.70 Comm Development Block ……………………. 68,266.08

Affordable Housing Asst ………………………… 798.56 Home Initiatives Partner ………………………… 900.00 Fire Safety …………………………………………. 162.48 Sebring Parkway Maint ………………………..… 100.00 State Court Facilities …………………………… 3,610.84 Law Library Trust Fund ……………………….… 315.48 Court Tech ……………………………………….. 458.08 Building Code Enforcement Fund ……………..17,746.64 HCISSRB Construction Fund ……………….. 146,539.83

Solid Waste ...…………………………………. 59,969.77 Placid Utilities ...………………………………. ….. 783.71 Highway Park Utility …………………………….... 22.75

Risk Retention Fund ………………………………. 155.70 Employee Benefit Fund …………………………….. 17.39 Tax Deed Surplus Fund ………………………. 122,605.29 Highlands Hosp Pass Thru …………………….... 8,579.34

Payment of bills and employee benefits was authorized on January 30, 2006 for $439,921.36.

B. Accept into the record the 05/06 1st Quarter Quarterly Report C. Request approval of board meeting minutes of January 10, and January 17, 2006 D. Request approval of a proposed Assurance Agreement with Lowe’s Home Centers, Inc.

See file for copy. E. Request approval of Plat Recordation for Lowe’s Commercial Subdivision, Section 23,

Township 34 South, Range 28 East. See file for copy. F. Request approval of a Satisfaction of Mortgage for Gerard Jones. See Satisfaction file. G. Request approval of a Satisfaction of Mortgage for Scott Simmons and Taryn Simmons.

See Satisfaction file. H. Request approval of Highlands County Tourism Market Research Contract with

Randall Travel Marketing, Inc. in the amount of $45,000.00. See file for copy. I. Request approval of an Application for Registration of Fictitious Name, Tourist

Development Council D/B/A Highlands County Visitor Convention Bureau. See file for copy.

J. Highlands Soil and Water Conservation District’s request for approval of an amendment to a loan to be reimbursed by South Florida Water Management District

K. Request approval of Technical and Clarifying Revision to the 2004-2007 State Housing Initiatives Partnership (SHIP) Local Housing Assistance Plan (LHAP) raising the maximum sales price. See Housing file.

L. Request approval of Joint Project Agreement between Lake Rachard Estates, Ltd. and Highlands County for construction of utilities extensions and the contribution to the sidewalks on Pendarvis Road (Heartland Blvd.). See file for copy.

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M. Request approval of revised procedures for vacating of easements, plats and right of ways. See file for copy.

N. Request approval of a Resolution to establish a Public Hearing to consider closing that portion of Washington Street lying from the East boundary line of Lot 15 to the West boundary line of Federal Park and the ally lying between Lot 15 and Lot 26 of Federal Park, according to the Plat thereof recorded in Plat Book 2, Page 8 and Plat Book 2, Page 61 of the Public Records of Highlands County, Florida. See Res. Book 19 Page 32.

O. Request approval of an Agreement for joint use of the Highlands County Sheriff’s Shooting Range between the Highlands County Sheriff’s Office and South Florida Community College’s Criminal Justice Training Center. See file for copy.

P. Fire Services request to write off as uncollectible those fire safety inspection fees for customers no longer in business, and add the dollar amounts of those customers still in business to their annual fire safety inspection charges collected by the Tax Collector for fiscal year 2006/07. See SMB 48 Page 14.

Q. Request to declare attached list of County Property as Surplus, waive two-step Surplus Disposal process, and allow said Surplus to be disposed of by utilizing our contract with GovDeals an Internet Auction service company. See SMB 48 Page 15.

R. Request approval to allow donation of indicated items of County Surplus, four (4) chairs to Greater Love, Church of God In Christ, Inc. See SMB 48 Page 16.

S. Request approval of capital purchases revision (Road & Bridge Department). See SMB 48 Page 17.

T. Code Enforcement requesting a Notice of Nuisance on CE 05060199, 101 Atterberry Drive, Sebring, FL. See Subdivision file.

U. Code Enforcement requesting a Notice of Nuisance on CE 05100058 - 6008 Oak Leaf Ave., Sebring, FL. See Subdivision file.

V. Code Enforcement requesting a Notice of Nuisance on CE 05100059 – 6012 Oak Leaf Ave., Sebring, FL. See Subdivision file.

W. Code Enforcement requesting a Notice of Nuisance on CE 05100056 – 6000 Oak Leaf Ave., Sebring, FL. See Subdivision file.

X. Code Enforcement requesting a Notice of Nuisance on CE 05100057 – 6004 Oak Leaf Ave., Sebring, FL. See Subdivision file.

Y. Code Enforcement requesting a Notice of Nuisance on CE 05070128, 3487 E. Old Bombing Range Rd., Avon Park, FL. See Subdivision file.

Z. Code Enforcement requesting a Notice of Nuisance on CE 05020059, 4300 E C. Hill Grade, Avon Park, FL. See Subdivision file.

AA. Code Enforcement requesting a Release of Notice of Nuisance on CE 05050001 – 3106 Meridian Ave., Lake Placid, FL. See Subdivision file.

BB. Code Enforcement requesting a Release of Notice of Nuisance on CE 00060050, 449 West 5th Street, Avon Park, FL. See Subdivision file.

CC. Code Enforcement requesting a Release of Notice of Nuisance on CE 04010065, 1860 Valencia Drive, Avon Park, FL. See Subdivision file.

DD. Code Enforcement requesting a Release of Notice of Nuisance on CE 04080110, 4609 Weeping Willow, Sebring, FL. See Subdivision file.

EE. Code Enforcement requesting a Release of Notice of Nuisance on CE 05050177, 456 Valencia Street, Sebring, FL. See Subdivision file.

FF. Code Enforcement requesting a Release of Notice of Nuisance on CE 05010079, 6016 Praise Ave., Sebring, FL. See Subdivision file.

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GG. Code Enforcement requesting a Release of Notice of Nuisance on CE 05050174, 3208

Elaine Drive, Lorida, FL. See Subdivision file. HH. Code Enforcement requesting a Release of Notice of Nuisance on CE 05050178, 3703

CR 17 South, Sebring, FL. See Subdivision file. II. Code Enforcement requesting a Release of Notice of Nuisance on CE 05050179, 3709

CR 17 South, Sebring, FL. See Subdivision file. JJ. Code Enforcement requesting a Release of Notice of Nuisance on CE 02120179, 6037 4th

East, Sebring, FL. See Subdivision file. KK. Code Enforcement requesting a Release of Notice of Nuisance on CE 03080182, 1310

Garwood Ave., Sebring, FL. See Subdivision file. LL. Code Enforcement requesting a Release of Notice of Nuisance on CE 02100035, 6016

Mike Kahn Road, Sebring, FL. See Subdivision file. MM. Request approval of budget amendments 05-06-93; 94; 96 NN. Request approval of Resolutions and budget amendments 05-06-86; 88. See Res. Book

19 Page 33. 6. ACTION: Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to set action agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.

A. City of Sebring City Councilman Jeff Carlson: Invitation to attend Highlands County Days in Tallahassee

Jeff Carlson, President of the Sebring City Council, invited the County Commission, County Staff, and the public to attend the First Annual Highlands County Days on March 30-31, 2006 in Tallahassee. See SMB 48 Page 18.

B. Benita M. Whalen, P.E., Director, SFWMD Okeechobee Service Center: Update on Lake Okeechobee & Estuary Recovery Plan

Benita Whalen, Director of the South Florida Water Management District Okeechobee Service Center, gave a presentation on the Lake Okeechobee & Estuary Recovery Plan. This plan was developed to help restore the ecological health of Lake Okeechobee and the St. Lucie and Caloosahatchee Estuaries. Ms. Whalen briefly explained the projects that are scheduled and the different agencies that are involved in the plan. See SMB 48 Page 19.

C. Bob Howard and Susan Sylvester, SFWMD: Lake Istokpoga Hurricane Wilma After Action Report

Bob Howard, Director of Operations, and Susan Sylvester, Deputy Director of Operations for the South Florida Water Management District, gave a presentation on the effects that Hurricane Wilma had on Lake Istokpoga and the surrounding areas.

D. Finance Officer, Clerk of Courts: Interim Financial Report of Key Operating Performance Measures as of December 31, 2005

Finance Officer, Pam Cross, presented the Fiscal Year-End Financial Report of Key Operating Performance Measures for the Board of County Commissioners as of December 31, 2005. See Clerk’s Financial Reporting file. Break 11:05 – 11: 20 A.M.

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E. Code Enforcement Officer Turnbull: Request to place a Lien on CE 05080107, 2004

Stowe Ave., Avon Park, FL Code Enforcement Officer, Tommy Turnbull, presented the request. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to approve placing a lien on the property located at 2004 Stowe Avenue in Avon Park, in the Glenada Hills subdivision. Upon roll call, all Commissioners voted aye. Motion carried. See Subdivision file.

F. Code Enforcement Officer Conklin: Request to place a Lien on CE 05050025, 271 Lake Francis Road, Lake Placid, FL

Code Enforcement Officer, Eddie Conklin, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Jackson, to approve placing a lien on the property located at 271 Lake Francis Road in Lake Placid. Upon roll call, all Commissioners voted aye. Motion carried. See Subdivision file.

G. Code Enforcement Officer Hartseil: Request to place a Lien on CE 05060184, 3719 Hoyt Ave., Sebring, FL

Code Enforcement Officer, April Hartseil, presented the request. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to approve placing a lien on the property located at 3719 Hoyt Avenue in Sebring, in the Oakland subdivision. Upon roll call, all Commissioners voted aye. Motion carried. See Subdivision file.

H. Human Resources Director: Request approval of a Resolution to adopt travel expense rates

County Administrator, Carl Cool, presented the request, suggesting that the mileage reimbursement rate be changed to $.44. Commissioner Bullard stated that the old rates have been in effect for 12 years. Board Attorney, Ross Macbeth, stated the Resolution, as written, takes the mileage rate from the current IRS provisions, and would adjust to the IRS rate each year. Deputy Clerk, Bob Jamison, stated the Clerk’s office recommended rounding the cents instead of having partial cents, but is in agreement with the rate changes. Mr. Macbeth suggested adding language to the Resolution, rounding cents down to the next whole cent. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to approve the Resolution, as amended, to set mileage and meals reimbursement rates as recommended by Staff. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 34.

I. County Administrator: 1. Request approval of Budget Amendment 05-06-85 decreasing fund 151 Reserve for

Contingency; Budget amendment 05-06-91 decreasing fund 110 Reserve for Contingency; Resolution & Budget Amendment 05-06-92 increasing fund 110 Reserve for Contingency

County Administrator, Carl Cool, presented the request. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to approve the budget amendments and resolution as presented. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 .

2. Request approval of a contract with Tindale-Oliver & Associates, Inc. for an impact fee study and Budget Amendment 05-06-98 decreasing fund 005 Reserve for Contingency

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County Administrator, Carl Cool, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Jackson, to approve the contract with Tindale-Oliver & Associates, Inc., for an impact fee study, along with budget amendment # 05-06-98. Upon roll call, all Commissioners voted aye. Motion carried. See file for copy. 7. CITIZENS NOT ON AGENDA Orpha Cordero spoke to the Board about road maintenance in her neighborhood. She was instructed to meet with the County Administrator following the meeting. 8. COMMISSIONERS: Commissioner Maxcy reminded everyone of the Salvation Army’s Annual Civic Luncheon on February 17. Commissioner Bullard reported on the success of the 40th Annual Lake Placid Arts and Crafts Fair held last weekend. 9. ADJOURN The meeting adjourned at 11:54 A.M.

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Bob Bullard Carl Cool Edgar Stokes Bob Jamison

Andrew Jackson J Ross Macbeth Barbara Stewart Jodi Giguere

Commissioner Maxcy was absent from the meeting. 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Commissioner Barbara Stewart. The Pledge of Allegiance was led by Development Services Director, Jim Polatty. 3. ANNOUNCEMENTS

A. Clerk Deputy Clerk, Bob Jamison, presented a report of a Weekly Report of Court Services for the week ended February 10, 2006 as provided by the Highlands County Clerk of Courts, L.E. “Luke” Brooker. See SMB 48 Page 20.

B. Upcoming County meetings were entered into the record by County Administrator, Carl Cool.

Feb 14 2:00 pm Veteran’s Advisory Board HC Health Dept., 7205 S. George Blvd. Feb 14 3:00 pm Zoning Board of Adjustment 600 S. Commerce Ave. Sebring Feb 14 3:00 pm Planning and Zoning Commission 600 S. Commerce Ave. Sebring Feb 15 10:00am 911 Communications Committee Desoto City Fire Station 19, 6800 W. George

Blvd. Feb 21 1:00 pm Placid Utilities Water Advisory

Committee Room 213, 505 S. Commerce Ave.

C. Other meetings: The Friends of Lake Istokpoga Winter General Membership meeting will be

on Thursday, February 16 at 7 p.m. at the Lorida Community Center. The South Florida Water Management District and the Army Corp of Engineers will hold a meeting on Friday, February 17 at 1:30 p.m. in the Government Center Boardroom. On February 20, from 6-9 p.m. there will be a Visioning meeting for the Future of Highlands County, in the Sebring Middle School Commons. The Recreation and Parks Advisory Committee will meet February 16 at 2:30 p.m. in the Engineering Training Room.

4. CONSENT AGENDA: Motion by Commissioner Stokes, seconded by Commissioner Jackson, to approve the consent agenda as amended, pulling part of Item 4-B from the agenda. Upon roll call, all Commissioners voted aye. Motion carried.


General ……………………………………… 231,426.56 County Transportation Trust ………………. 27,149.95 E911 Operations Fund ……………………… 16,603.68

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Legal Aid ……………………………………… 3,437.27 Local Govt Infra Surtax……….……………. 73,084.41 Tourist Development Trust Fund …………… 4,166.65 Affordable Housing Asst …………………… 12,737.87

Court Tech ……………………………………… 820.00 Building Code Enforcement Fund …………….. 309.65 HCISSRB Construction Fund ……………….. 2,663.17

Solid Waste ...………………………………… 35,778.67 Placid Utilities ...………………………………… 750.15 Highway Park Utility …………………………… 130.11 B. Request approval of the minutes of the January 24, and February 7, 2006 board meetings C. Request approval of Satisfaction of Mortgage for Daniel and Sarita M. Feliciano. See

Satisfaction file. D. Request approval of Satisfaction of Mortgage for Cirilo and Jesunilda B. Zafra. See

Satisfaction file. E. Request approval of Satisfaction of Mortgage for Pamela Ann Pinzon. See Satisfaction

file. F. Request approval of Satisfaction of Mortgage for Daniel J. Young. See Satisfaction file. G. Request approval of Highlands County 2002-2003 State Housing Initiative Partnership

Final Close-out Report. See Housing file. H. Request approval to correct Chastain-Skillman CSA Number for miscellaneous services.

See SMB 48 Page 21. I. Request approval to execute FY 05-06 Recreation Interlocals for (1) the City of Sebring

and (2) the Town of Lake Placid. See file for copy. J. Accept into the record Court-related Funds Revenue and Expenditures for November

2005. See SMB 48 Page 22. K. Request approval of a Subordination Agreement for Sleepy Hollow L. Request approval of application for Non-emergency Medical Transportation License.

See EMS file. M. Request approval of budget amendments 05-06-95; 97; 100 N. Request approval of Resolutions and budget amendments 05-06-77; 99. See Res. Book 19

Page 36. 5. WORKSHOP: Pam Richmond, Special Projects Manager for Planning, Florida Turnpike

Enterprise: Workshop on the Heartland Coast to Coast Feasibility Study regarding the proposed limited access toll road

Randy Fox, Turnpike Planning Manager, gave a presentation on the progress of the Heartland Coast to Coast Feasibility Study. Ben Walker, Project Manager for the Florida Department of Transportation District I, stated this project is the result of a good transportation partnership with the County, and the entire region. He added that the next step is to work with County Staff and the Commissioners to determine if they want to pursue the project. County Administrator, Carl Cool, inquired about the time period for completing the study. Mr. Walker advised that this phase of the project is expected to be completed in April. They will continue to meet with the County on the evolution of the project. 6. WORKSHOP: Workshop on Consultants County Administrator, Carl Cool, stated the purpose of this workshop is to discuss the possibility of having multiple engineering firms under contract with the County. Input was received from four

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primary department heads that use engineering services the most. Their recommendation is to not issue additional RFP’s to get more firms under contract. Commissioner Stewart expressed her thoughts on the advantages of having more than one firm under contract to choose from. Commissioner Bullard spoke of the advantages to using local firms. He added that the County is not prohibited from going outside their continuing contracts and issue an RFP or RFQ for a particular project. Commissioner Jackson expressed concern about having too many firms under contract. Curtis DeYoung spoke in support of the County having more firms available to choose from. Dick Gorman, Landfill Operations Manager, questioned if he would be able to use an engineering firm, other than those under a continuing contract with the County, for a study program through the University of Florida. Commissioner Bullard stated he is not required to use the firms under contract, and can go through the RFQ process to hire an outside firm. The Board reached a consensus to have Staff come back with a proposal to go out for RFQ’s, for the express purpose of creating continuing service agreements with additional consultants that would become part of a library that would be available to our department heads and Staff to utilize in the future. 7. ACTION: Motion by Commissioner Jackson, seconded by Commissioner Stokes, to set action agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.

A. County Administrator: 1. Request approval of Resolution & budget amendment 05-06-89 increasing Solid Waste

Fund 40l Reserve for Contingency County Administrator, Carl Cool, presented the request. Motion by Commissioner Jackson, seconded by Commissioner Stokes, to approve to approve the Resolution and budget amendment. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 37.

2. Request approval of Resolution and budget amendment 05-06-102; Resolution and budget amendment 05-06-103; and budget amendment 05-06-104 increasing Fund 005 Reserve for Contingency for the Avon Park Library expansion

County Administrator, Carl Cool, presented the request. Motion by Commissioner Stokes, seconded by Commissioner Jackson, to approve Resolutions and budget amendments. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 38. 8. COMMISSIONERS Commissioner Stewart gave a brief report on the purpose and goals of the Community Traffic Safety Team (CTST). Commissioner Bullard commended the CTST for being aggressive and innovative is addressing traffic issues in the County. He also commented on the recent letters published concerning designating one lane on U.S. 27 as a truck traffic lane. 9. ADJOURN The meeting adjourned at 10:49 A.M.

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Bob Bullard Carl Cool C Guy Maxcy Tom Portz

Edgar Stokes Bob Jamison Andrew Jackson J Ross Macbeth

Barbara Stewart Jodi Giguere 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Facilities Management Director, David Flowers. The Pledge of Allegiance was led by Board Attorney, Ross Macbeth. 3. Call for “Citizens not on the agenda” forms to be turned in 4. ANNOUNCEMENTS

A. Clerk Deputy Clerk, Bob Jamison, presented a report of a Weekly Report of Court Services for the week ended February17, 2006 and a report of Jury Trial week for February as provided by the Highlands County Clerk of Courts, L.E. “Luke” Brooker. See SMB 48 Page 23.


Feb 21 1:00 pm Placid Utilities Water Advisory Committee


Feb 22 10:00 am Long Range Transportation Committee


Feb 22 11:30 am Heartland Rural Health Network, Inc. Board of Directors

Central Florida Health Care, 950 CR 17 A. West, Avon Park

Feb 22 4:00 pm Natural Resources Advisory Commission

Engineering Training Room, 2nd Floor, 501 S. Commerce Ave.

Feb 23 9:30 am HC Community Health Improvement Planning Committee

7205 S. George Blvd.

Feb 23 1:15 pm HC Hospital District Board SFCC Dental Education Facility

C. Other Meetings: There will a “Learn About Highlands: Floral, Fauna, and Entertainment” class on Monday February 27, from 9 – 11 a.m. at the Agri-Civic Center.

5. CONSENT AGENDA: Motion by Commissioner Stokes, seconded by Commissioner Jackson, to approve consent agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits for February 21, 2006

General ……………………………………… 232,142.13 County Transportation Trust ……………… 41,965.51 E911 Operations Fund …………………………. 656.62

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Intergovt Radio Communications …………… 1,067.02 Local Govt Infra Surtax……….…………… 356,683.17

Tourist Development Trust Fund ………… 10,879.21 Law Library Trust Fund ……………………... 1,131.99

Court Tech ……………………………………… 552.00 Building Code Enforcement Fund …………… 1,324.80 HCISSRB Construction Fund …………………. 169.22

Solid Waste ...………………………………… 69,590.61 Placid Utilities ...……………………………… 6,541.07 Highway Park Utility ………………………… 1,703.46

Employee Benefit Fund ……………………….. 3,109.96

B. Request approval of Satisfaction of Mortgage for Jerome and Maira Patterson. See Satisfaction file.

C. Request approval to appoint Mr. Juan Berrones to serve on the Highlands County Citizens Advisory Task Force Committee. See SMB 48 Page 24.

D. Request approval to cancel outstanding balance due of Blue Cross Blue Shield insurance premiums. See SMB 48 Page 25.

E. Request approval of a Resolution appointing Tim Eures to the 911 Communications Committee as a voting member and chairman. See Res. Book 19 Page 39.

F. Request approval of a tourism grant to the Avon Park Chamber of Commerce for the Peace River Outboard Race Association Event (Hydroplane Boat Race) in the amount of $7,000.00. See file for copy.

G. Request approval of Anastasini Entertainments’ request for a Carnival Permit contingent upon their meeting all requirements. See file for copy.

H. Request approval of an Adopt A Highway Agreement with Mickey’s Restaurant of Placid Lakes. See file for copy.

I. Request approval of an Adopt A Highway Agreement with Deidee Hartsine of Placid Lakes Country Club. See file for copy.

J. Request approval of budget amendment 05-06-110 K. Request approval of Resolutions & Budget Amendments 05-06-105; 106; 107. See Res.

Book 19 Page 40. 6. ACTION: Motion by Commissioner Stokes, seconded by Commissioner Jackson, to set action agenda as amended, pulling Item E-3 from the agenda. Upon roll call, all Commissioners voted aye. Motion carried.

B. Chairman Bullard: Request approval of a Resolution in recognition of Tom Portz’s years of service to Highlands County

Chairman Bullard read the resolution into the record. Motion by Commissioner Stokes, seconded by Commissioner Maxcy, to approve the resolution, commending Tom Portz for his faithful and invaluable service to the citizens of Highlands County. All of the Commissioner, Carl Cool, Jack Ritchie, and Judge Peter Estrada, all thanked Mr. Portz for his service to Highlands County. Mr. Portz expressed his appreciation for being able to work with the County and the Community. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 .

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C. Facilities Management Director: Request to initiate Small Claims Court proceedings against Affordable Paralegal Services for unpaid rent in the amount of $406.00

Facilities Management Director, David Flowers, presented the request to have the Board Attorney proceed with small claims court. Board Attorney, Ross Macbeth, stated he would try to contact the former tenant before proceeding with a court case. Commissioner Stokes expressed concern about the costs associated with a court case. Mr. Macbeth stated he would report back to the Board for further direction before proceeding with the small claims court. See SMB 48 Page 26.

D. Development Services Director: 1. Request approval of a Resolution authorizing voting activity to the Local Mitigation

Strategy Committee (LMS) Development Services Director, Jim Polatty, presented the request. Deputy Clerk, Bob Jamison, questioned if the responsibility could transferred to a department, or does it need to be a position or title. Board Attorney, Ross Macbeth, stated the resolution states the Development Services Director is the voting member. Motion by Commissioner Stokes, seconded by Commissioner Maxcy, to approve the Resolution authorizing voting activity to the Local Mitigation Strategy Committee, transferring voting rights to the Development Services Director. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 .

2. Request approval of Covenants, Easements, and a Warranty Deed resulting from conditions of Comprehensive Plan Amendments

Development Services Director, Jim Polatty, presented the request, adding that the Warranty Deed for J. Lee Winberry needs to be pulled from the request, to be brought back at a later date. Motion by Commissioner Stokes, seconded by Commissioner Maxcy, to approve the Declaration of Covenants from the Sebring Airport Authority, and the Restrictive Easement from John L. and Donna B. Whittington. Upon roll call, all Commissioners voted aye. Motion carried.

E. County Administrator: 1. Request approval of a Proclamation recognizing “National Engineers’ Week

County Administrator, Carl Cool, presented the request, and read the proclamation into the record. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to approve the proclamation, recognizing the week of February 19-25, 2006 as “National Engineer’s Week”. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 43.

2. Request approval of Budget Amendment 05-06-111 decreasing fund 005 Reserve for Contingency

County Administrator, Carl Cool, presented the request. Motion by Commissioner Jackson, seconded by Commissioner Stokes, to approve the budget amendment as presented. Upon roll call, all Commissioners voted aye. Motion carried.

3. Request approval of an Interlocal Agreement with the City of Sebring regarding the Brownfield Program

A. Mr. Paul K. Ferrell, Peace of Highlands County: Request for support of naming a

portion of U.S. Highway 27 “Martin Luther King and Coretta Scott King Memorial Highway”

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Paul Ferrell, on behalf of Peace of Highlands County, presented a request to name the portion of U.S. 27 that runs through Highlands County, “Martin Luther King and Coretta Scott King Memorial Highway”. Rick Engle, R.E. Snidow, commander of the Highlands County chapter of the Military Order of the Purple Heart, and Jack Ritchie, representing the Highlands County Homeowners Association, all spoke in opposition to the request. Mr. Ferrell agreed to withdraw his request, due to the controversy and opposition presented at the meeting. 7. CITIZENS NOT ON THE AGENDA: No participants. 8. COMMISSIONERS: Commissioner Stewart reminded the public of the law requiring vehicles to pull over or get out of the way of emergency vehicles. Commissioner Bullard also reminded everyone of the “Move Over” law that requires vehicles to move to the left lane or slow down to 20 mph below the speed limit when an emergency vehicle is on the side of the road. He also reported on the Visioning Session that was held last night at the Sebring Middle School. 9. ADJOURN The meeting adjourned at 9: 49 A.M.

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Bob Bullard Tom Portz C Guy Maxcy Bob Jamison


Barbara Stewart 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Commissioner Edgar Stokes. The Pledge of Allegiance was led by Commissioner Guy Maxcy. 3. ANNOUNCEMENTS

A. Sheriff Sheriff Susan Benton presented Assistant County Administrator, Tom Portz, with an “honorary jail key”, in recognition of his upcoming retirement.

B. Clerk Deputy Clerk, Bob Jamison, presented a report of a Weekly Report of Court Services for the week ended February 24, 2006 as provided by the Highlands County Clerk of Courts, L.E. “Luke” Brooker. See SMB 48 Page 27.

C. Upcoming County meetings were entered into the record by Assistant County Administrator, Tom Portz.

Feb. 28 6:00 pm North Sebring Area Plan Meeting 600 S. Commerce Ave. Board Room March 9 Noon Keep Highlands County Beautiful 6000 Skipper Road, Sebring March 9 6:30 pm Highway Park Neighborhood Preservation

and Enhancement District Council 114 Cloverland Street, Lake Placid

D. Other Meetings: The Sebring Relay for Life will be held at Fireman’s Field, starting at 6 pm

on March 4, running through noon March 5. He announced that retired Highlands County Tax Collector, J.T. Landress, passed away. The viewing will be today from 4-7 pm at Stephenson-Nelson Funeral Home in Avon Park. Funeral services are at 10 am tomorrow at First Baptist Church in Avon Park. Ray Royce announced that the Lake Placid Area Growth Management Committee at 4 pm today at Lake Placid Town Hall.

4. CONSENT AGENDA: Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to approve the consent agenda as amended, adding Item 4-L. Upon roll call, all Commissioners voted aye. Motion carried.


General ……………………………………… 187,128.78 County Transportation Trust ……………… 106,815.62 E911 Operations Fund ………………………... 3,045.43 Intergovt Radio Communications …………... 21,735.00

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Local Govt Infra Surtax……….……………... 21,433.88 Tourist Development Trust Fund ………………. 300.00

Home Initiatives Partnership …………………. 2,028.00 Hurricane Housing Rec Pro …………………. 75,000.00

Law Library Trust Fund …………………………. 62.24 Court Tech ………………………………………6,272.46 Building Code Enforcement Fund ……………… 880.00 HCISSRB Construction Fund ………………… 1,325.00 Solid Waste ...………………………………….. 16,709.92 Placid Utilities ...………………………………... 2,692.56

Tax Deed Surplus Fund ………………………... 3,713.00 B. Request approval of minutes for the 2-21-06 meeting C. Request approval of a Satisfaction of Mortgage for Alfred G. and Melinda J. Letchworth.

See Satisfaction file. D. Request approval of a Satisfaction of Mortgage for Nicole Hampton. See Satisfaction file. E. Request approval of a Satisfaction of Mortgage for Ana M. Barreto. See Satisfaction file. F. Request approval to record a Plat for Reflections on Silver Lake Phase III, Section 33,

Township 33 South, Range 28 East G. Request approval of a contract with Brock Excavation, Inc. for construction of the

Courthouse South Parking Lot Addition, project # 05045 and Budget Amendment 3 05-06-115 to cover construction and in house design costs. See file for copy.

H. Request approval to accept into the record Court-related Funds Revenue and Expenditures. See SMB 48 Page 28.

I. Request approval of execution of FY05-06 Recreation Interlocal for City of Avon Park. See file for copy.

J. Request approval of Resolutions and budget amendments 05-06-109; 112; 113 and 114. See Res. Book 19 Page 44.

K. Request approval of Resolution & Budget amendment 05-06-119. See Res. Book 19 .

L. To consider approval to the Participating Party Agreement between Highlands County, Lake Placid Groves, LLC., and Georgia-Pacific Corporation for the construction of Georgia-Pacific access road to include a railroad crossing and State Road 70 improvements and also the Construction Contract between Highlands County and Better Roads, Inc. for the construction of Georgia-Pacific access road and State Road 70 improvements. See file for copy.

5. PUBLIC HEARING: To consider purchase of a portion of 1501 Prosper Avenue, Sebring, Fl

33870 Sebring Parkway Phase II Project #01101 Land Acquisition Manager, Kathy Avirett, presented the request and entered the proof of publication into the record. Motion by Commissioner Stokes, seconded by Commissioner Maxcy, to approve the Contract for Sale and Purchase Agreement for a portion of 1501 Prosper Avenue, Sebring, for Sebring Parkway Phase II. Upon roll call, all Commissioners voted aye. Motion carried. See file for copy. 6. PUBLIC HEARING: To consider purchase of a portion of 1600 S. Highlands Avenue,

Sebring, Fl 33870 for Sebring Parkway Phase II Project #01101 Land Acquisition Manager, Kathy Avirett, presented the request and entered the proof of publication into the record. Commissioner Maxcy suggested having a workshop on the Sebring Parkway project to

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get an update on the costs. Motion by Commissioner Maxcy, seconded by Commissioner Stewart, to approve the Contract for Sale and Purchase Agreement for a portion of 1600 S. Highlands Avenue, Sebring, for Sebring Parkway Phase II. Upon roll call, all Commissioners voted aye. Motion carried. See file for copy. 7. PUBLIC HEARING: To consider a Resolution to vacate easement described as the West

10.00 feet of Lot 4, Block 253, Placid Lakes, Section Twenty, according to the Plat thereof recorded in Plat Book 9, Page 31, of the Public Records of Highlands County Florida, less the South 10.00 feet thereof

County Engineer, Ramon Gavarrete, presented the request and entered the proof of publication into the record. Motion by Commissioner Stokes, seconded by Commissioner Jackson, to adopt the Resolution vacating the easement as described. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 . 8. PUBLIC HEARING: To consider approval to the Participating Party Agreement between

Highlands County, Lake Placid Groves, LLC., and Georgia-Pacific Corporation for the construction of Georgia-Pacific access road to include a railroad crossing and State Road 70 improvements and also the Construction Contract between Highlands County and Better Roads, Inc. for the construction of Georgia-Pacific access road and State Road 70 improvements

9. PUBLIC HEARING: To consider a motion to adopt a Resolution to vacate the 15’

Utility/Drainage Easement lying between Lots 28 and 29, Block 268, less the West 10’ Utility/Drainage Easements lying at the rear of said lots, Sun ‘n Lake of Sebring, Unit 13 as shown in Plat Book 9, Page 71 of the Public Records of Highlands County, Florida

County Engineer, Ramon Gavarrete, presented the request and entered the proof of publication into the record. He stated that the petitioner has started construction on the property, after being advised to wait until after the easements were vacated. Commissioner Bullard requested that Staff research the issue and bring a report back to the Commission. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to adopt the Resolution vacating the easement as described. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 47. 10. PUBLIC HEARING: To consider a motion to adopt a Resolution to close that portion of

Washington Street lying from the East boundary line of Lot 15 to the West boundary line of Federal Park and the alley lying between Lot 15 and Lot 26 of Federal Park, according to the Plat thereof recorded in Plat Book 2, Page 8 and Plat Book 2, Page 61 of the Public Records of Highlands County, Florida

County Engineer, Ramon Gavarrete, presented the request and entered the proof of publication into the record. He pointed out that there are some code enforcement issues on the property. Code Enforcement Officer, Tommy Turnbull, stated that the road within the park was constructed without the proper permits, and they are in violation with the Health Department by having more than the allowed amount of mobile homes. Michael Swaine, representing the petitioner, stated that closing a portion of the road is the first step in solving the outstanding issues. Development Services Director, Jim Polatty, spoke in support of the request. Board Attorney, Ross Macbeth, made some recommended language changes to the Unity of Title Agreement, Access Easement and the recommended motion. Don Stebleton spoke in opposition to the request. Motion by Commissioner Stokes, seconded by Commissioner Jackson, to adopt the Resolution closing the portion of Washington Street as described, with closing contingent upon final approval of the Unity of Title Agreement and

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Access Easement by the Board Attorney. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 48. Break 10:48 – 11:00 a.m. 11. PUBLIC HEARING: Request approval of a Lien on CE 05090041, 17514 Brinkerhoff,

Okeechobee, Highlands County, Fl Code Enforcement Officer, April Hartseil, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Maxcy, to approve the placing of a lien on the property located at 17514 Brinkerhoff in Okeechobee, in the Town of Harding subdivision. Upon roll call, all Commissioners voted aye. Motion carried. See Subdivision file. 12. PUBLIC HEARING: Request approval to place a Lien on CE 05080097, 4816 High Ave.

Sebring, Fl Code Enforcement Officer, April Hartseil, presented the request. Motion by Commissioner Maxcy, seconded by Commissioner Stewart, to approve the placing of a lien on the property located at 4816 High Avenue, Sebring, in the Lincoln Heights subdivision. Upon roll call, all Commissioners voted aye. Motion carried. See Subdivision file. 13. PUBLIC HEARING: Request approval to place a Lien on CE 05110052, 3013 Wallace Drive,

Sebring, Fl Code Enforcement Officer, April Hartseil, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Maxcy, to approve the placing of a lien on the property located at 3013 Wallace Drive, Sebring, in the Wallace Stevens subdivision. Upon roll call, all Commissioners voted aye. Motion carried. See Subdivision file. 14. PUBLIC HEARING: Request approval to place a Lien on CE 05110051, 2909 Wallace Drive,

Sebring, Fl Code Enforcement Officer, April Hartseil, presented the request. Motion by Commissioner Maxcy, seconded by Commissioner Jackson, to approve the placing of a lien on the property located at 2909 Wallace Drive, Sebring, in the Wallace Stevens subdivision. Upon roll call, all Commissioners voted aye. Motion carried. See Subdivision file. 15. PUBLIC HEARING: Request approval to place a Lien on CE 02070044, 3724 Howard Ave.

Sebring, Fl Code Enforcement Officer, April Hartseil, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Maxcy, to approve the placing of a lien on the property located at 3724 Howard Avenue, Sebring, in the Oakland subdivision. Upon roll call, all Commissioners voted aye. Motion carried. See Subdivision file. 16. PUBLIC HEARING: Three (3) zoning changes and two (2) small-scale plan amendments, are on

the Board of County Commissioners agenda for February 28, 2006. The zoning changes and land use changes agenda items were heard by the Planning and Zoning Commission and the Local Planning Agency on February 14, 2006. Proof of Publication for the following hearings were entered into the record. See Proof of Pub. Ord. Book 4 Page 3. NEW BUSINESS: HEARING # CPA-06-383SS – KYLE SCHUETT

Approximately 7.24 acres on the East side of Arbuckle Creek Road, 1,000 feet South of the

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intersection with Hicks Road in Lorida, and abbreviated legal as follows: Approximately 7.24 acres located in Sec. 5, Twp. 35S, Rge. 31E, Highlands County, Florida. Requesting a small-scale plan amendment from (Agriculture) to (Low Density Residential.)

HEARING #1842 - KYLE SCHUETT

Legal description as stated above (Item #1A.) Request: A zoning change from AU (Agricultural) to M-1-S (Mobile Home and Residential Subdivisions district.) Applicant desires single family and mobile homes. Development Services Director, Jim Polatty, presented the request. Bert Harris, representing the applicant, stated the request for mobile homes is being withdrawn, and is requesting to split the property into three parcels. Dina Ashton, Robert Gunthorp, and Quinn Ashton spoke in opposition to the request. Motion by Commissioner Stokes, seconded by Commissioner Stewart, in accordance with the P&Z recommendation, move to deny CPA-06-383SS and P&Z Case #1842. Upon roll call, all Commissioners voted aye. Motion carried.

HEARING #CPA-388SS - CHUCK C. JOO, SALLY HYRYUNG JOO BAILEY, SANDRA HYESUN JOO, LEAH HYEK YOUNG JOO – C/O RICK WHIDDEN

Approximately 9 acres located on the East side of U.S. 27, behind the existing commercial zoning, and just South of the New Lowe’s Development, and abbreviated legal as follows: Approximately 9.0 acres located in Sec. 26, Twp. 34S, Rge. 28E, Highlands County, Florida. Requesting a large-scale plan amendment from (Medium Density Residential) to (Commercial.)

HEARING #1846 – CHUCK C. JOO, SALLY HYRYUNG JOO BAILEY, SANDRA HYESUN JOO, LEAH HYEK YOUNG JOO – C/O RICK WHIDDEN

Legal description as stated above (Item # 2A.) Request: A zoning change from R-1 (Residential district) and R-2 (Two-Family Dwelling district) to B-3 (Business district.) Applicant desires all the permitted uses in the B-3 district. Development Services Director, Jim Polatty, presented the request. Rick Whidden, representing the applicant, briefly explained the request. John Borgemeister stated his client will agree to having no connectivity between the commercial use area and the residential use area. Motion by Commissioner Stewart, seconded by Commissioner Jackson, move to approve and adopt by Resolution P&Z Hearing #1846, conditioned upon Ordinance for CPA-06-388SS becoming effective as provided by law, and adopting Ordinance CPA-06-388SS, including the conditions cited below, as modified, amending the Future Land Use Map for 9.0 acres from Medium Density Residential to Commercial and adopt by Resolution P&Z 1846 changing the Zoning Atlas for 9.0 acres from R-1 (Residential district) and R-2 (Two-family Dwelling district) to B-3 (Business district), referencing the mandatory findings and becoming effective as provided by law. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 49.

Conditions to be included in the Adopting Ordinance: 1. Central water and central wastewater service are to be provided in conjunction with a water and sewer commitment letter. 2. A traffic study shall be required using Highlands County approved methodology for Comprehensive Plan amendments. The applicant or the applicant's traffic consultant or agent shall discuss the methodology with both the County Planning and Engineering staff before proceeding with development of the study. 3. On site interconnectivity with adjacent commercial areas shall be required where applicable. The property shall be considered as a single project for purposes of development review and approval for all purposes under County

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Conditions to be included in the Adopting Ordinance: Codes.

4. The Applicant shall dedicate additional rights-of-way as required by the County Engineer in order to meet the requirements of the Long Range Transportation Plan, the Land Development Regulations, the Highlands County Technical Standards Manual, and the Capital Improvement Program at the time of development. 5. Environmental clearance, if required, of impacts to Wetlands, Cutthroat Grass Seeps, and Xeric Uplands will be necessary prior to development. No development order or permit will be issued unless prescribed environmental mitigation is accomplished. Concurrency assessment for traffic circulation, sanitary sewer, potable water, solid waste disposal, storm water drainage, and recreation and open space will be required prior to development. All development orders and permits will specify any needed improvements, and a schedule for their implementation, including any conditions that require public facility improvements, be in place concurrent with the impacts of the proposed development. 6. Storm water received from off-site shall receive the same treatment and flood control post development as existed pre-development. 7. A buffer shall be established on the south side of the commercial area. The buffer shall be 15 feet in width, and landscaped in accordance with the County LDR’s, with regard to spacing, quantity, type, maintenance, and the like of trees, shrubs, bushes, and the like. In the middle of the landscaped buffer there shall be a masonry wall six feet in height located on top of a two foot high berm. That landscape buffer shall be maintained on both sides of that wall by the developers or their successors. 8. The developer will request the vacation of the existing plat and rights-of-way in the commercial use area of the plat and shall have no vehicular connectivity from the commercial use area to the existing residential use area to the east. 9. The owners will record a restrictive covenant to the Board of County Commissioners stipulating that no access will be allowed to or from the Commercial use area and Don Drive or the existing residential use area to the east of Don Drive.

HEARING #1848 – JOHN VINCENT DIMARCO AND PATRICIA DIMARCO

Approximately 5.92 acres located North of Miller Avenue and East of Wildflower, in Leisure Lakes Subdivision on Daisy Court, and legally described as follows: Tract “A” LESS three acre Tract to Church in the Southwest portion of Leisure Lakes, Section 3, as shown on P.B. 6, PG. 25, of the Public Records of Highlands County, Florida. Request: A zoning change from B-2 (Limited Business district) to R-1 (Residential district.) Applicant desires to construct single-family dwellings.

Development Services Director, Jim Polatty, presented the request. Cliff Ables, representing the applicant, briefly explained the request. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, move to approve and adopt by Resolution P&Z 1848 changing the Zoning Atlas for 5.92 acres from B-2 (Limited Business district) to R-1 (Residential district), referencing the mandatory findings, becoming effective as provided by law. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 50. 17. ACTION: Motion by Commissioner Stokes, seconded by Commissioner Maxcy, to set action agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.

A. Assistant County Administrator: Request acceptance & execution of Consolidated Software Agreement & budget amendment 05-06-117 decreasing fund 005 Reserve for Contingency

Assistant County Administrator, Tom Portz, presented the request. Motion by Commissioner Stokes, seconded by Commissioner Maxcy, to approve the SmartCOP Software Agreement and approve

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budget amendment #05-06-117 that facilitates funding these expenses utilizing contingency funds. Upon roll call, all Commissioners voted aye. Motion carried. See file for copy. 18. CITIZENS NOT ON AGENDA: No participants. 19. COMMISSIONERS: Commissioner Stewart reported on the Public Safety Coordinating Council meeting that was held this morning. Commissioner Maxcy asked for prayers for the family of J.T. Landress, and congratulated Tom Portz on his retirement. Commissioner Bullard announced that the next Countywide Visioning Session is scheduled for Tuesday, March 7th from 6-9 P.M. at the Lake Placid High School. 20. ADJOURN The meeting adjourned at 12:20 P.M.

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REGULAR MEETING OF THE BOARD MARCH 7, 2006





Barbara Stewart 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Commissioner Guy Maxcy. The Pledge of Allegiance was led by Frank Storey, First Vice Commander of the AmVets Post 21 in Sebring. 3. Call for “Citizens not on the agenda” forms to be turned in 4. ANNOUNCEMENTS

A. Clerk Deputy Clerk, Bob Jamison, presented a report of a Monthly Report of Business Services for February as provided by the Highlands County Clerk of Courts, L.E. “Luke” Brooker. See SMB 48 Page 30.

B. Upcoming County meetings were entered into the record by County Administrator, Carl Cool. Mar 07 3:00 pm Highlands Soil & Conservation District 4509 George blvd., Sebring Mar 07 4:00 pm Lake Placid Growth Management Lake Placid Town Hall, 50 Park Dr. Mar 07 6:00 pm Highlands County Visioning Meeting Lake Placid High School, 202 Green

Dragon Dr. Mar 07 7:00 pm Construction Licensing, Enforcement and

Appeals Board 600 S Commerce Ave., Sebring

Mar 08 7:30 am Board of Directors for the Industrial Development Authority and the Economic Development Division

2113 US 27 South, Sebring

Mar 08 9:00 am Local Mitigation Strategy Group 600 S. Commerce Ave. Sebring Room # 251

Mar 08 10:00 am Community Traffic Safety Team #3, Ag-Center, 4509 George Blvd. Mar 08 9:30 am Central Florida Regional Planning Council Highlands County Health Dept.

7200 S. George Blvd. Sebring Mar 08 10:00 am E-911 Communication Committee 6800 West George Blvd., Sebring Mar 09 10:00 am Lake Istokpoga Management Committee 600 S. Commerce Ave. Sebring

Mar 09 Noon Keep Highlands County Beautiful 6000 Skipper Road, Sebring Mar 09 6:30 pm Highway Park Neighborhood Preservation and

Enhancement District 114 Cloverland Street, Lake Placid New Life Assembly Church

C. Other meetings: The Planning & Zoning Commission/Board of Adjustments will meet at 1

p.m. and 3 p.m. on March 14 in the Boardroom. On March 8th at 10:00 a.m. the Visioning Steering Committee will meet at 505 S. Commerce Avenue. The Relay for Life will begin this Friday in Avon Park.

5. CONSENT AGENDA:

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Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to approve consent agenda as amended, removing Item 5-C and placing Item 5-E on action agenda. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits March 7, 2006 General …………………………………… 2,801,747.48 County Transportation Trust ……………… 64,191.08 E911 Operations Fund ………………………..... 28.27 Intergovt Radio Communications …………. 14,124.00

Legal Aid ……………………………………... 3,437.27 Local Govt Infra Surtax……….………….. 500,664.76 Tourist Development Trust Fund …………. 21,457.96

Affordable Housing Asst …………………….. 2,195.91 Sebring Parkway Maintenance ……………... 2,253.95 Court Tech ……………………………………… 463.32

Building Code Enforcement Fund ………….. 1,264.10 HCISSRB Construction Fund ……………… 35,893.75 Solid Waste ...………………………………. 240,161.00 Placid Utilities ...…………………………….... 8,319.96

Highway Park Utility …………………………. 1,292.00 Risk Retention Fund ………………………………. 2.52 Employee Benefit Fund ……………………………. 1.73 Highlands Hosp Pass Thru …………………… 4,289.67

B. Request approval of board meeting minutes of the 1-14-06 and 1-24-06 meeting C. Request approval of a Resolution authorizing donation of surplus library materials to

Friends of the Libraries D. Accept into the record Court-related Funds Revenue and Expenditures. See SMB 48

Page 31. E. Request approval of a Resolution in support of the Keep Highlands County Beautiful

Great American Cleanup, March 2006 F. Request approval of a Satisfaction of Mortgage for Maria de los A. and Orlando Vellon.

See Satisfaction file. G. Request approval of Satisfaction of Lien on CE 04010065, 1860 N. Valencia Drive, Avon

Park, FL. See Satisfaction file. H. Code Enforcement requesting a Release of Notice of Nuisance on CE 050300043, 1521

Bassage Road, Sebring, FL. See Subdivision file. I. Code Enforcement requesting a Release of Notice of Nuisance on CE 05060167 14

Recreation Drive, Venus, FL. See Subdivision file. J. Request approval of annual audited financial report for Reliable Sanitation. See file for

copy. K. Request approval of appointment of Dr. Paul Gray as a member of the Lake Istokpoga

Management Committee. See SMB 48 Page 32. L. Request approval of proposed Pro Rata Payment for EMS Bill. See SMB 48 Page 33. M. Request approval of attached closing documents. Reference bid number ITB 05-068 sale

of property identified as Lot 4 of County and City of Sebring jointly owned land located at 2000 Covington Road, Sebring FL 33871; Lake Sebring sheet 5, PB 2-pg 16, Lot 4; Portion of Strap # C-13-34-28-050-2610-0010

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N. Request approval of Emergency Food and Shelter Grant Resolution & budget amendment 05-06-120. See Res. Book 19 Page 51.

O. Request approval of Homeless Coalition Challenge Grant Resolution & budget amendment 05-06-124. See Res. Book 19 Page 52 and file for copy.

P. Request approval of budget amendments 05-06-118 Q. Request approval of Resolutions and budget amendments 05-06-122 & 123. See Res.

Book 19 .

6. ACTION: Motion by Commissioner Stokes, seconded by Commissioner Jackson, to set action agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.

A. Mrs. Lucy Derkman: Friends of the Avon Park Public Library Check Presentation Mary Myers, Director of the County Library System, introduced Charlene Fisher and Barbara Dixon of the Friends of the Avon Park Library, who presented a check to the Board, in the amount of $25,000, to help with construction costs of the newly remodeled Avon Park Public Library. Commissioner Maxcy, as liaison to the Library Board, accepted the check on behalf of the Commission.

B. General Services/Purchasing Director: Request approval of a Proclamation recognizing “Purchasing Month, March 2006”

General Services/Purchasing Director, Gerald Secory, presented the request, and read the proclamation into the record. Motion by Commissioner Jackson, seconded by Commissioner Stewart, to approve the proclamation, designating March 2006 as The Board’s Purchasing Month in Highlands County. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 54.

C. Louise England: Request approval of a Resolution and an Interlocal Agreement with the

City of Sebring regarding the Brownfield Program Executive Director of the EDC/IDA, Louise England, presented the request. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to approve the resolution and Interlocal Agreements with the City of Sebring, City of Avon Park, and the Town of Lake Placid, regarding the Brownfield Program. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 55 and file for copy.

D. Development Services Director: Request approval of Warranty Deed resulting from conditions of Comprehensive Plan Map approvals

Development Services Director, Jim Polatty, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Maxcy, to approve the Warranty Deed from J. Lee Winberry, resulting from conditions of Comprehensive Plan Map approvals. Upon roll call, all Commissioners voted aye. Motion carried.

E. Development Services Director: Request approval of US Geological Survey (USGS) study

of the Hydrology, Water Quantity, and Water Quality in Highlands County as requested by the Natural Resources Advisory Commission (NRAC)

Development Services Director, Jim Polatty, presented the request as recommended by the Natural Resources Advisory Committee (NRAC). Torsten Rothman, member of NRAC, spoke in support of the request. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to approve the proposed study and request the South Florida Water Management District, the South West Florida Water Management District, and the USGS to fund the proposal and direct staff to include the

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County’s matching funds in next year’s budget. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 48 Page 34. Break 9:42 – 9:55 a.m.

F. County Administrator: 1. Request approval of acceptance of grant funding to conduct retrofit feasibility study

for retrofitting Ag-Center and Health Department and budget amendment 05-06-116 decreasing fund 005 Reserve for Contingency

County Administrator, Carl Cool, presented the request. Motion by Commissioner Stokes, seconded by Commissioner Stewart, to approve the acceptance of grant funding to conduct a retrofit feasibility study for retrofitting the Ag-Center and Health Department to become wind compliant buildings, and the resolution and budget amendment to provide the local match. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 56.

2. Sheriff’s Office – Request approval to expend funds from the Special Law Enforcement Trust Fund

County Administrator, Carl Cool, presented the request. Sheriff Susan Benton briefly explained what the funds would be used for. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to approve the request for the Sheriff’s Office to expend funds from the Special Law Enforcement Trust Fund. Upon roll call, all Commissioners voted aye. Motion carried.

3. Request approval of a Resolution in support of the Keep Highlands County Beautiful Great American Cleanup, March 2006

County Administrator, Carl Cool, presented the request. Motion by Commissioner Jackson, seconded by Commissioner Stokes, to approve the resolution, proclaiming March through May 2006 as the Great American Cleanup in Highlands County. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 57.

7. CITIZENS NOT ON AGENDA Conda Ruckman spoke about the spending of Transportation Trust Funds. 8. COMMISSIONERS: Commissioner Stewart announced that March is National Women’s History Month, and spoke about the progress of the Kissimmee River Restoration project, garbage pickup and illegal dumping. She questioned when the Civil Citation program will be implemented. Board Attorney, Ross Macbeth, stated the ordinance will be re-adopted this month. 9. ADJOURN The meeting adjourned at 10:18 A.M.

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REGULAR MEETING OF THE BOARD MARCH 14, 2006 1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at




Barbara Stewart 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Board Attorney, Ross Macbeth. The Pledge of Allegiance was led by Commissioner Edgar Stokes. 3. ANNOUNCEMENTS

A. Clerk Deputy Clerk, Bob Jamison, presented a report of a Weekly Report of Court Services for the week ended March 10, 2006 as provided by the Highlands County Clerk of Courts, L.E. “Luke” Brooker. See SMB 48 Page 35.

B. Upcoming County meetings were entered into the record by County Administrator, Carl Cool. Mar 14 2:00 pm Veterans Advisory Board 7205 S. George Blvd. Mar 14 2:30 pm Historic Preservation Commission 501 S. Commerce Ave. Mar 14 3:00 pm Planning & Zoning Commission 600 S. Commerce Ave. Mar 14 3:00 pm Zoning Board of Adjustment 600 S. Commerce Ave. Mar 14 7:00 pm Construction Licensing and Appeals 600 S. Commerce Ave. Mar 15 10:00 am Heartland Library Cooperative Board 205 W. Interlake Blvd., Lake Placid Mar 15 1:00 pm P.R.I.D.E. 600 S. Commerce Ave. Room 251 Mar 16 4:00 pm Highlands County Library Board Sebring Public Library

C. Other meetings: The Assistant County Administrator Search Committee will meet on March

16 at 1:30 pm at 600 S. Commerce Avenue in Room 232. The Okeechobee Coalition will meet Thursday March 23 at 10 am at the Okeechobee Civic Center. The Heartland Workforce Investment Board will meet March 15 at 12 pm at the Turner Center in Arcadia.

4. CONSENT AGENDA: Motion by Commissioner Jackson, seconded by Commissioner Maxcy, to approve consent agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits March 14, 2006 General …………………………………… 325,017.43 County Transportation Trust ……………. 54,848.67 E911 Operations Fund ……………………. 16,617.29 Intergovt Radio Communications ………... 23,595.00

Local Govt Infra Surtax……….………….. 33,383.40 Tourist Development Trust Fund …………. 3,184.57

Comm Development Block ………………. 188,050.81 Affordable Housing Asst ………………….... 1,761.85 Hurrican Housing Rec Pro ………………….... 375.00

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Sebring Parkway Maintenance ……………..... 100.00 Law Library Trust Fund …………………… 1,000.37 Court Tech ……………………………………… 86.38

Building Code Enforcement Fund …………. 1,317.98 Solid Waste ...………………………………. 27,859.48 Placid Utilities ...…………………………….... 516.76

Highway Park Utility ………………………..…. 86.45 Risk Retention Fund ……………………… 330,803.43 Employee Benefit Fund ……………………….... 13.08 Tax Deed Surplus Fund ……………………. 13,492.50

B. Request approval of the minutes of the 2-28-2006 and 3-7-2006 meetings C. Request approval of Satisfaction of Mortgage for Beverly D. Waldron. See Satisfaction

file. D. Request approval of Satisfaction of Mortgage for Tammy Workman. See Satisfaction

file. E. Request approval of Satisfaction of Mortgage for Laura Ann Mahan. See Satisfaction

file. F. Request approval of Satisfaction of Mortgage for Juana Hernandez. See Satisfaction file. G. Request approval of Notice of Nuisance on CE 05030022, 375 Highlands Blvd. Lake

Placid. See Subdivision file. H. Request approval to release Notice of Nuisance on CE 05110051, 2909 Wallace Drive,

Sebring. See Subdivision file. I. Request approval to release Notice of Nuisance on CE 02070044, 3724 Howard Ave.,

Sebring. See Subdivision file. J. Request approval to release Notice of Nuisance on CE 05110052, 3013 Wallace Drive,

Sebring. See Subdivision file. K. Request approval to release Notice of Nuisance on CE 05090041, 17514 Brinkerhoff,

Okeechobee. See Subdivision file. L. Request approval of Improvement Agreement and Plat recordation for Tanglewood

Manufacture Home and RV Retirement Resort phase four. M. Request approval of Rural Area of Critical Economic Concern Memorandum of

Agreement. N. Accept into the record notification of vacancies on the Placid Utility Advisory Committee.

See SMB 48 Page 36. O. Request approval of Resolutions and budget amendments 05-06-78; 79. See Res. Book 19

Page 58.

5. WORKSHOP:

A. Affordable Housing Summit Chairman Bullard stated the purpose of this workshop is to examine the affordable housing challenges facing Highlands County’s working families. Housing Coordinator, Penny Phillippi, and Development Services Director, Jim Polatty, gave a power point presentation, summarizing the different housing assistance programs available in Highlands County. Public input and suggestions were received from the following: Bob Paddock, Maria Conterras, Anthony Lomonico, Jane Breylinger, Jamie Steed, Selvin McGahee, Randy Flemming, Debra Griswald, Chip Boring, Gene Reece, Tim Blackman, Debra Worley, Bill Klohn, and Sally Tibbetts. Chairman Bullard thanked everyone for attending, and for

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their ideas. The Board instructed Staff to assemble all of the ideas and resources that have come before the Board, and put that into a very specific plan. Then identify those that will work best in Highlands County, put them in a short term, medium term, and long term set of goals as part of the plan, and bring them back to the Commission for action, to adopt an overall plan. Then start to implement those that can be done quickly, and work on those that will take more time. Commissioner Stewart suggested Staff look into offering money management courses to help educate the public. Commissioner Bullard suggested adding an item to the action agenda, authorizing the Chair to send a letter, on behalf of the Board, urging the Speaker of the House, President of the Senate, and the Governor to fully fund the Affordable Housing Trust Fund. See SMB 48 Page 37. Break 11:00 – 11:25 A.M.

B. Avon Park Health Department Dr. Paula Thaqi, Director of the Highlands County Health Department, presented a request to the Board to allow the Health Department to completely refurbish and reoccupy the county building located on South Lake Avenue in Avon Park. Moving the Health Department from its current site would allow them to provide additional services, such as a clinic and a pediatric dental clinic, that are needed in Avon Park. Medicaid revenue from clinical services in Avon Park will provide the funds necessary to sustain the new clinical site. Facilities Management Director, David Flowers, spoke in support of moving the Health Department to the South Lake Avenue building. He added that it is currently being used for record storage, but there are plans to move those records into storage in the Facilities Management building. Commissioner Stewart requested an approximate time period to get this done. County Administrator, Carl Cool, stated that the total time from design to construction would be probably between nine and twelve months. Human Services Director, Kevin Roberts, spoke in support of the move. The Board instructed Staff to proceed with developing a specific plan, and bring it back to the Board. See file for copy.

C. Update on FEMA reimbursements County Administrator, Carl Cool, gave the Board a brief update on the reimbursements received from FEMA for hurricane damages. See SMB 48 Page 38. 6. PUBLIC HEARING: Public Hearing to approve and Ordinance adopting Amendment No.

P&Z 1817, Highland Acres, Zamin Investments Proof of Publication for this hearing was entered into the record. See Proof of Pub. Ord. Book 4 Page 4. Development Services Director, Jim Polatty, presented the request. Board Attorney, Ross Macbeth, stated that the Board just needs to approve setting the second public hearing. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, move to hold the second of two public hearings on this proposed Ordinance on March 28, 2006 at 9:00 a.m., in the Board of County Commissioners Board Room, or as soon thereafter as possible. Upon roll call, all Commissioners voted aye. Motion carried. 7. ACTION: Motion by Commissioner Stokes, seconded by Commissioner Maxcy, to set action agenda as listed, with the addition of three items. Upon roll call, all Commissioners voted aye. Motion carried.

A. Development Director: Request approval of an Interlocal Agreement between the Town of Lake Placid and Highlands County for the County Development Service Department’s

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Administration of the Town’s Land Development Regulations, Zoning Code, and Comprehensive Plan

Development Services Director, Jim Polatty, presented the request. Motion by Commissioner Stokes, seconded by Commissioner Jackson, to approve the Interlocal Agreement between the Town of Lake Placid and Highlands County. Upon roll call, all Commissioners voted aye. Motion carried. See file for copy.

B. County Administrator: Request approval of Budget Amendment 05-06-125; 126; 127; 129 decreasing fund 005, 110, 151 & 401 Reserve for contingencies

County Administrator, Carl Cool, presented the request. Commissioner Stewart asked questions concerning two of the budget amendments. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to approve the budget amendments as presented. Upon roll call, all Commissioners voted aye. Motion carried.

C. Request approval to authorize Chairman to send a letter advocating full funding of the States’ Affordable Housing Trust Fund

Motion by Commissioner Jackson, seconded by Commissioner Stokes, to approve authorizing the Chairman to send a letter advocating full funding of the State’s Affordable Housing Trust Fund. Upon roll call, all Commissioners voted aye. Motion carried.

D. Request approval of appointment to Long Range Transportation Committee County Administrator, Carl Cool, presented the request. Motion by Commissioner Maxcy, seconded by Commissioner Stewart, to approve the appointment of Ted Key as District Five representative to the Long Range Transportation Committee. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 48 Page 39.

E. Report on Sun’n Lake Improvement District meeting County Administrator, Carl Cool, reported that he, along with Commissioner Jackson and several Staff members, met last Thursday with staff of the Sun’n Lake Improvement District to discuss long range transportation needs of the District. 8. COMMISSIONERS No reports. 9. ADJOURN The meeting adjourned at 12:16 P.M.

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Barbara Stewart 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Commissioner Guy Maxcy. The Pledge of Allegiance was led by Commissioner Andrew Jackson. 3. Call for “Citizens not on the agenda” forms to be turned in 4. ANNOUNCEMENTS

A. Clerk Deputy Clerk, Bob Jamison, presented a report of a Weekly Report of Court Services for the week ended March 17, 2006 and a report of Jury Trial Week for March as provided by the Highlands County Clerk of Courts, L.E. “Luke” Brooker. See SMB 48 Page 40.


Mar 22 10:00 am Long Range Transportation Committee 501 S. Commerce Ave. Mar 22 1:00 pm Placid Utilities Water Advisory Committee #213, 505 S. Commerce Ave. Mar 23 9:30 am HC Community Health Improvement

Planning Committee 7205 S. George Blvd.

Mar 23 2:30 pm Recreation & Parks Advisory Committee #213, 505 S. Commerce Ave. C. Other Meetings: The Highlands County Users Group will meet on March 23 at 10:00 a.m. at

505 S. Commerce Ave in Room 213. The Lake Placid Area Growth Management Committee will meet on March 21 at 4:00 P.M. at Lake Placid Town Hall.

5. CONSENT AGENDA: Motion by Commissioner Stokes, seconded by Commissioner Jackson, to approve consent agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits March 21, 2006 General …………………………………….. 213,982.27 County Transportation Trust ………………14,495.45 E911 Operations Fund ……………………… 4,751.64 Local Govt Infra Surtax……….…………… 17,230.53 Tourist Development Trust Fund ………..... 17,922.65

Affordable Housing Asst …………………........ 411.80 Special Law Enforcement …………………. 39,952.90 Sebring Parkway Maintenance ………………. 850.00 Court Tech …………………………………… 1,023.91

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Building Code Enforcement Fund …………. 1,062.25 HCISSRB Construction Fund ………………… 300.00

Solid Waste ...…………………………………32,366.91 Placid Utilities ...……………………………....... 770.05

Highway Park Utility ………………………..…... 42.78 Risk Retention Fund ……………………………….. .38 Employee Benefit Fund ……………………………1.14 Tax Deed Surplus Fund ……………………. 92,427.29

B. Request approval of Satisfaction of Mortgage for William E. Gault Jr. and Linda Gault. See Satisfaction file.

C. Request approval of Satisfaction of Mortgage for Mayenne and Marie Telcius. See Satisfaction file.

D. Request approval to appoint Eric Longshore to the Construction, Licensing, Enforcement and Appeals Board in the General Contractor slot. See SMB 48 Page 41.

E. Request approval of Declaration of Covenants to install a fire hydrant at the Sports Complex.

F. Request approval of a Resolution establishing an administrative hearing fee. See Res. Book 19 Page 59.

G. Request approval of Consultant Service Authorizations between Highlands County and Chastain Skillman Incorporated to conduct grant funded studies on the Agri-Civic Center and County Health Department buildings. See file for copy.

H. Request approval of a revised Resolution which was adopted on January 24, 2006 to correct petitioner’s name. See Res. Book 19 .

I. Request approval of CDBG Program Administration Contract with Guardian Community Resource Management, Inc. See file for copy.

J. Request approval of Resolution and budget amendment 05-06-133 from the Intergovernmental Radio Fund 131 for upgrades. See Res. Book 19 Page 61.

K. Request approval of budget amendment 05-06-132. L. Request approval of Resolutions & Budget Amendment 05-06-131. See Res. Book 19

Page 62.

6. ACTION AGENDA: Motion by Commissioner Jackson, seconded by Commissioner Stokes, to set action agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.

A. Sheriff Benton: Request approval of an Interlocal Agreement for the consolidation of emergency and public safety communication operations

Mike Durham, Legal Counsel for the Sheriff’s Office, presented the request. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to approve the Interlocal Agreement, between the Sheriff’s Office, Highlands County, City of Sebring, and Town of Lake Placid, for the consolidation of emergency and public safety communication operations. Upon roll call, all Commissioners voted aye. Motion carried. See file for copy.

B. NCT Group: Comprehensive Annual Financial Report (CAFR) Presentation for FY 04/05 Mike Carter, partner with the NCT Group, gave a power point presentation, reviewing the Comprehensive Annual Financial Report for the fiscal year ended September 30, 2005. He stated that the County had a good year. There is approximately three and one-half months of Reserve in the

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General Fund. Bob Jamison, Senior Director of Business Services for the Clerk, stated this report shows that the County’s financial vital signs are very good, adding that this is due in large part to prudent spending practices by the Board, Board departments, and all of the Constitutional Officers. See file for copy.

C. Request Approval of Impact Fee Steering Committee Appointments Commissioner Bullard presented a request to add additional members to the Impact Fee Steering Committee. He recommended appointing only the primary members, and not the alternates. Commissioner Stewart suggested appointing these members as an advisory committee to the Steering Committee, and adding Sheriff Benton as a member. Mike Durham, representing the Sheriff’s Office, stated the Sheriff would accept the invitation to serve as a voting member of the committee. John Drennan spoke in support of having impact fees. Motion by Commissioner Jackson, seconded by Commissioner Stokes, to approve the request to appoint John Borgemeister, Jeff Parker, Jack Ritchie, Mary Pelfrey, Ray Royce, and Sheriff Benton, or her designee to the Impact Fee Steering Committee. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 48 Page 42.

7. CITIZENS NOT ON AGENDA No participants. 8. COMMISSIONERS Commissioner Stokes spoke about the possibility of doing a study on making the Lorida Community Center a wind-compliant shelter. Commissioner Maxcy commended all of the County Staff members who assisted and the volunteer firemen who worked last Friday to get the brush fire under control. 9. ADJOURN The meeting adjourned at 10:09 A.M.

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Barbara Stewart 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by County Engineer, Ramon Gavarrete. The Pledge of Allegiance was led by Commissioner Andrew Jackson. 3. ANNOUNCEMENTS

A. Clerk No report.

B. Upcoming County meetings were entered into the record by County Administrator, Carl Cool. Mar 29 10:00 am E-911 Communication Committee 6800 West George Blvd., Sebring

Mar 29 8:30 am Children’s Services Council 242 South Boulevard, Avon Park Mar 29 4:00 pm Natural Resources Advisory Commission

(NRAC) 501 South Commerce Ave. Sebring

Mar 30 3:30 pm Water Advisory Committee 505 S. Commerce Ave., Sebring April 6 6:30 pm Highway Park Neighborhood Preservation

and Enhancement District Council 114 Cloverland Street, Lake Placid

C. Other meetings: On March 28 at 3 p.m. the Planning & Zoning Commission will hold a

workshop at 501 S. Commerce Ave. in the Conference Room. 4. CONSENT AGENDA: Motion by Commissioner Stokes, seconded by Commissioner Maxcy, to approve consent agenda as amended, removing Item 4-F, to be placed on action agenda. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits March 28, 2006 General …………………………………….. 191,203.16 County Transportation Trust ……………… 28,138.57 E911 Operations Fund …………………………. 36.67

Conservation Trust Fund …………………… 9,377.75 Intergovt Radio Communications …………….. 36.20

Local Govt Infra Surtax……….………….. 125,833.95 Tourist Development Trust Fund ………….. 4,333.92

Law Library Trust Fund ……………………. 1,779.22 Building Code Enforcement Fund …………… 767.90 HCISSRB Construction Fund ………………… 650.00

Solid Waste ...……………………………….. 14,969.97 Placid Utilities ...…………………………….. 4,425.28

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Highway Park Utility ………………………..... 411.22 Risk Retention Fund ………………………….….. 1.66 Employee Benefit Fund ………………………..… 2.57

B. Request approval of minutes for the March 14, and 21, 2006 meeting C. Request approval of a Satisfaction of Mortgage for Kevin M. and Angela T. Maricle. See

Satisfaction file. D. Request approval of CDBG Administration Contract with Guardian Community

Resource Management, Inc. – RFP 06-021. See Housing file. E. Request approval of Department of Community Affairs Contract – (CDBG) Economic

Development Category – E-STONE USA CORPORATION Project DCA Contract # 06-DB-3K-07-38-01-E12, and Resolution and budget amendment 05-06-138. See file for copy and Res. Book 19 .

F. Request approval to store and burn lot clearing debris from Habitat for Humanity on Sports Complex site.

G. Request approval to waive the County’s two-step Surplus Disposal process, declare indicated items Surplus, and allow donation to Hardee County Public Library. See SMB 48 Page 43.

H. Request approval to release a Notice of Nuisance on CE 05100048, 5037 Roanoke St., Sebring, FL. See Subdivision file.

I. Request approval of budget amendments 05-06-135 & 139 J. Request approval of Resolution & Budget amendment 05-06-136. See Res. Book 19 Page

64.

5. ACTION: Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to set action agenda as listed, with addition of one item under County Administrator. Upon roll call, all Commissioners voted aye. Motion carried.

A. Chairman Bob Bullard: Character First presentation recognizing Merry Cresswell

Chairman Bullard presented Merry Cresswell with a Character First award, recognizing her for the character trait of Visionary, and congratulating her on her upcoming retirement. Library Director, Mary Myers accepted the award on behalf of Merry Cresswell. 6. PUBLIC HEARING: To consider a Resolution to vacate the Southerly 7.50 feet of Lot 85,

Block 30, Sun ‘n Lake Estates of Sebring, Unit 2, according to the Plat thereof recorded in Plat Book 9, Page 48, of the Public Records of Highlands County, Florida, less the Westerly 10.00 feet thereof

County Engineer, Ramon Gavarrete, presented the request and entered the Proof of Publication into the record. Motion by Commissioner Stewart, seconded by Commissioner Maxcy, to vacate the easement as described. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 65. 7. PUBLIC HEARING: To consider a Resolution to vacate a 15 foot wide easement, lying 7.5

feet left and right of the following described centerline: Begin at the Southeast corner of Lot 18, Willow Gate, also known as the Southwest corner of Lot 19, Willow Gate, according to the Plat thereof as recorded in Plat Book 15, Page 27 of the Public Records of Highlands

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County, Florida; thence North 00D 17’ 49” East and along the East line of Lot 18 for a distance of 90.00 feet to end of description.

County Engineer, Ramon Gavarrete, presented the request and entered the Proof of Publication into the record. Motion by Commissioner Maxcy, seconded by Commissioner Stewart, to vacate the easement as described. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 66. 8. PUBLIC HEARING: Request approval to place a Lien on CE 05020099, 1511 Wellington

Drive, Sebring, FL Code Enforcement Officer, April Hartseil, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to approve the placing of a lien on the property located at 1511 Wellington Drive, Sebring, in Lake Haven Estates. Upon roll call, all Commissioners voted aye. Motion carried. See Subdivision file. 9. PUBLIC HEARING: On Ordinance adopting Amendment No. P&Z 1817, Highlands Acres,

Zamin Investments Development Services Director, Jim Polatty, stated this is the second public hearing to consider adoption of the ordinance for P&Z hearing # 1817. Mike Gallagher, of Peterson & Myers, spoke on behalf of the applicant. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to adopt by ordinance Amendment No. P&Z 1817, to become effective as provided by law. Upon roll call, all Commissioners voted aye. Motion carried. 10. PUBLIC HEARING: Public Hearing for proposed Zoning Changes and Small Scale Plan

Amendments. Two (2) zoning (2) small scale plan amendments, are on the Board of County Commissioners Agenda for March 28, 2006. Proofs of Publication for the following hearings were entered into the record. See Proof of Pub. Ord Book 4 Page 4.

HEARING #1849 – CARIBBEAN PROPERTIES, INC. – RICK WHIDDEN

Approximately 3.3 acres on the North side of Schumacher Road at the end of Cortez Boulevard, Sun ‘N Lake Estate of Sebring, and abbreviated legal as follows: Approximately 3.3 acres located in Sec. 17, Twp. 34S, Rge. 28E, Highlands County, Florida. Requesting a zoning change from I-2 (Industrial district) to B-3 (Business district.) Applicant desires to construct warehouses and other permitted B-3 uses. Development Services Director, Jim Polatty, presented the request. Rick Whidden, representing the applicant, briefly explained the request. Motion by Commissioner Stewart, seconded by Commissioner Maxcy, in accordance with the Planning and Zoning Commission move to approve and adopt by Resolution P&Z 1849 changing the Zoning Atlas for 3.3 acres from I-2 (Industrial district) to B-3 (Business district), referencing the mandatory findings, becoming effective as provided by law. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 67.

HEARING #CPA-06-367SS – ARLAN D. SAPP Approximately 3.4 acres located on the South shore of Lake Anoka and at the Northeast corner of the intersection of U.S. 27 and Marble Avenue, and abbreviated legal as follows: Approximately 3.38 acres located in Sec. 27, Twp. 33S, Rge. 28E, Highlands County, Florida. Requesting a small scale plan amendment from (Medium Density Residential) to (Mixed Use.) Development Services Director, Jim Polatty, presented the request. Dale Polston spoke on behalf of the applicant. Commissioner Stewart stated some suggested conditions to be added to the ordinance.

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Motion by Commissioner Stewart, seconded by Commissioner Jackson, in accordance with the Local Planning agency move to approve and adopt by Ordinance CPA-06-367SS amending the Future Land Use Map for 3.38 acres from Medium Density Residential to Mixed Use, referencing the mandatory findings, including the conditions as cited below, and transmitting CPA-06-367SS to the Department of Community Affairs for their compliance determination, and becoming effective as provided by law. Upon roll call, all Commissioners voted aye. Motion carried.

Conditions to be included in the Adopting Ordinance: 1. Central water and central sewer are to be provided. 2. A traffic study shall be required using Highlands County approved methodology for Comprehensive Plan amendments. The applicant or the applicant's traffic consultant or agent shall discuss the methodology with both the County Planning and Engineering staff before proceeding with development of the study. 3. The Applicant shall dedicate additional rights-of-way as required by the County Engineer in order to meet the requirements of the Long Range Transportation Plan, the Land Development Regulations, the Highlands County Technical Standards Manual, and the Capital Improvement Program at the time of development. 4. The property shall be considered as a single project for purposes of development, review, and approval for all purposes under County Codes. 5. The applicant shall submit a zoning change application for a PD District.

HEARING #CPA-06-362SS – AAM LAND INVESTMENTS, LLC. – C/O KIMBERLY THALER OF COTLEUR & HEARING, INC. AND ROGER DALE POLSTON, P.E. POLSTON ENGINEERING, INC.

Approximately 10 acres located on the South side of the intersection of Lake June Road and Miller Avenue in Leisure Lakes Subdivision, and abbreviated legal as follows: 9.9412 acres located in Sec. 28, Twp. 36S, Rge. 29E, Highlands County, Florida. Requesting a small scale plan amendment from (Commercial) to (High Density Residential.)

HEARING #1820 – AAM LAND INVESTMENTS, LLC. – C/O KIMBERLY THALER OF COTLEUR & HEARING, INC. AND ROGER DALE POLSTON, P.E. POLSTON ENGINEERING, INC.

Legal description as stated above (Item # 3A.) Requesting a zoning change from B-2 (Limited Business district) to R-3 FUD (Multiple Dwelling district with a Flexible Unit Development.) Applicant desires to construct townhouses. Development Services Director, Jim Polatty, presented the request. John McClure, representing the applicant, briefly explained the request. Brian Chegus, Senior Land Planner with Cotleur & Hearing, gave a brief presentation, outlining the proposed design of the project. The Chair opened the floor to the public. Doug Bolton spoke in support of the request. Paul Isaf expressed concern about traffic problems. Cliff Rhoades, representing The Cove Property Owners Association, Dick Rainey, Gene Reece, and James Sommers spoke in opposition to the request. Mr. McClure asked for the opportunity to withdraw the petition instead of having the Board vote to deny the request. Commissioners Bullard and Stokes stated their opposition to the request. Commissioner Jackson stated he needed more information to base a decision on. Commissioner Maxcy suggested the applicant work on the plan, and concentrate more on developing commercial rather than residential. Commissioner Stewart stated she did not feel it is in the best interest of the community or the County to change this zoning. Mr. Polatty stated the County is out of small scale acreage, and questioned if the petitioner would keep his small scale acreage, if the request is withdrawn, or would the acreage go to the next applicant in line. Commissioner Bullard stated it should go to the next person in line. Mr. McClure stated his client will withdraw the petition.

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Break 11:15 – 11:30 A.M. 11. ACTION: County Administrator: Request approval of Federally Funded Sub-Grant

Agreement between Highlands County and the State of Florida Department of Community Affairs, and Resolution and budget amendment 05-06-137

County Administrator, Carl Cool, presented the request. Motion by Commissioner Stokes, seconded by Commissioner Stewart to approve the Federally Funded Sub-Grant Agreement between Highlands County and Department of Community Affairs, including the resolution and budget amendment, to conduct a study on the Lake Placid High School buildings, to identify modifications necessary to make these buildings wind compliant. Upon roll call, all Commissioners voted aye. Motion carried. See file for copy and Res. Book 19 Page 68.

A. Request approval to store and burn lot clearing debris from Habitat for Humanity on

Sports Complex site County Administrator, Carl Cool, presented a request from Habitat for Humanity, to waive the Landfill tipping fees for debris associated with the clearing of several lots in Sebring. Motion by Commissioner Jackson, seconded by Commissioner Maxcy, to approve the request as stated. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 48 Page 44.

12. CITIZENS NOT ON AGENDA Ray Royce invited the Board and the public to “Highlands County Days” in Tallahassee on Thursday, March 30. 13. COMMISSIONERS: Commissioner Stokes announced that he and his wife became grandparents yesterday, with the birth of twin girls. Commissioner Stewart invited the public to a fundraiser for the Friends of Highlands Hammock, Saturday, April 1, from 4-8 p.m. at the Highlands Hammock State Park. Commissioner Maxcy requested Staff give an update on the status of negotiations concerning the proposed C.R. 635 extension. 14. ADJOURN The meeting adjourned at 11:49 A.M.

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REGULAR MEETING OF THE BOARD APRIL 4, 2006 1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at




Barbara Stewart 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by OMB Director, Rick Helms. The Pledge of Allegiance was led by Roger Perkins, Chairman of the Highlands County Veterans Council. 3. Call for “Citizens not on the agenda” forms to be turned in

4. ANNOUNCEMENTS

A. Clerk Deputy Clerk, Bob Jamison, presented a report of Monthly Report of Business Services for March 2006 and a report of Tax Deed Sales as provided by the Highlands County Clerk of Courts, L.E. “Luke” Brooker. See SMB 48 Page 45.


April 4 2:00 pm Highlands County Soil and Conservation District

4509 George Blvd. Conference Room 3

April 4 7:00 pm Construction Licensing, Enforcement and Appeals Board

600 S. Commerce Ave. Board Room

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

114 Cloverland Street, Lake Placid

C. Other meetings: The Highlands County Homeowners Association will meet April 10 at 9 a.m.

at 3240 Grand Prix Drive in Sebring. The next Visioning Session will be April 4 at 6 p.m. at the Avon Park Community Center.

5. CONSENT AGENDA: Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to approve consent agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits April 04, 2006 General …………………………………….. 469,833.38 County Transportation Trust ……………… 69,410.37 E911 Operations Fund …………………………... 29.03

Intergovt Radio Communications …………. 1,860.00 Local Govt Infra Surtax……….………...… 101,018.22 Tourist Development Trust Fund …………. 18,699.41

Comm Development Block …………………... 1,711.16 Affordable Housing Asst ……………………….. 64.72 Sebring Parkway Maint ………………………. 300.00

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State Court Facilities TF ………………………. 616.90 Court Tech ……………………………………… 260.00

Building Code Enforcement Fund ………….. 7,472.27 HCISSRB Construction Fund ………………. 1,079.00

Solid Waste ...……………………………….. 72,988.17 Placid Utilities ...………………………………. 811.05

Highway Park Utility ……………………….. 1,455.32 Risk Retention Fund …………………………........ .38 Employee Benefit Fund …………………….. 6,399.70

B. Request approval of Satisfaction of Mortgage for Benny C. Grantham. See Satisfaction file.

C. Request approval of Satisfaction of Mortgage for Kelley A. Baker. See Satisfaction file. D. Request approval of Satisfaction of Mortgage for David and Dana Sala. See Satisfaction

file. E. Request approval to declare a Notice of Nuisance on CE 06020022, 200 Garrett Rd.

Avon Park, FL. See Subdivision file. F. Request approval to release a Notice of Nuisance on CE 05050025, 271 Lake Francis Rd.

Lake Placid, FL. See Subdivision file. G. Request approval of revised Fee Schedule and Resolution for adjacent Municipality

Development. See Res. Book 19 Page 69. H. Request approval of four drainage easements for the property located in Fryman’s

Subdivision.

PUBLIC HEARING: Merging Chapter 12 of the Code of Ordinances with Land Development Regulations Development Services Director, Jim Polatty, presented the request, and entered the Proof of Publication into the record. See Proof of Pub Ord. Book 4 Page 5. Motion by Commissioner Jackson, seconded by Commissioner Stewart, move to hold the second of two public hearings on April 18, 2006 at 9:00 a.m. on the proposed Ordinance that merges the Land Development Regulations into Chapter 12 of the Code of Ordinances, in the Board of County Commissioners Board Room, or as soon thereafter as possible. Upon roll call, all Commissioners voted aye. Motion carried. 6. ACTION: Motion by Commissioner Jackson, seconded by Commissioner Maxcy, to set action agenda as amended, removing Item A-1, and moving Item 7-B to be heard before Item 7-A. Upon roll call, all Commissioners voted aye. Motion carried.

B. County Engineer: 1. Request approval of a Proclamation regarding Water Conservation Month

County Engineer, Ramon Gavarrete, presented the request. Motion by Commissioner Maxcy, seconded by Commissioner Jackson, to approve the proclamation, designating the month of April as Water Conservation Month, in Highlands County. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 70.

2. Update to the Sebring Parkway Phase II Cost Estimates and Design Plans

County Engineer, Ramon Gavarrete, gave a power point presentation, updating the Board on the cost estimates and design plans for Sebring Parkway Phase II. He stated he took recent bid numbers and

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projected a ten percent increase in costs between now and next year. County Administrator, Carl Cool, stated that these revised cost estimates have been incorporated in to the Capital Improvement Plan (CIP). See tape for further detail. Break 10:30 – 10:45 A.M.

A. OMB Director: 1. Request approval for waiver of Purchasing Policy for cabling project

2. Capital Improvement Plan

OMB Director, Rick Helms, gave a presentation on the proposed Capital Improvement Plan (CIP), pointing out the changes that have occurred since the CIP was adopted, the results of those changes, and the projects that are currently in place. He stated that, for long term, the County will need to look at other sources of funding to augment the Local Option Sales Tax, and the limited grant funds that are used for the CIP. Commissioner Bullard stated that they will have to revisit the CIP once a decision on impact fees is made. He questioned if having a 10 year CIP is a requirement of the County’s Comprehensive Plan. Development Services Director, Jim Polatty, stated that it is not a requirement. Commissioner Bullard requested Staff look at the possibility of adopting a shorter term CIP during the transition period, when the County may or may not be adopting impact fees. Commissioner Jackson expressed concern about shortening the County’s planning period. Commissioner Bullard clarified that the County would still plan for a 10 year CIP, separately from what is adopted as part of the Comprehensive Plan. See tape for further detail.

D. Children Advocacy Center Director: Request approval of a Proclamation designating April 2006 as “Child Abuse and Neglect Prevention Month”

Jeff Roth, Director of the Children’s Advocacy Center, presented the request and read the proclamation into the record. Motion by Commissioner Jackson, seconded by Commissioner Stokes, to adopt the proclamation, designating April 2006 as Child Abuse and Neglect Prevention Month. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 71.

E. Frank Souder: Request approval of Adopt-a-Road Agreement for Elliot Rd. Frank Souder presented the request. Motion by Commissioner Stokes, seconded by Commissioner Jackson, to approve the Adopt-a-Road agreement for Elliot Road. Upon roll call, all Commissioners voted aye. Motion carried. See file for copy.

C. Development Services Director: Affordable Housing Summit Recommendations Development Services Director, Jim Polatty, presented the suggestions and recommendations for the Boards’ consideration. Housing Coordinator, Penny Phillippi, encouraged the Board to express any comments or concerns to Staff before moving forward. She added that Staff will start building a strategic plan, and bring the recommendations back to the board a few at a time. See SMB 48 Page 46 and tape for further detail.

F. Human Resources Director: Request approval of Workforce Augmentation Human Resources Director, Freddie Carino, presented the request. Commissioner Bullard expressed his agreement with the concept, but stated that fourteen (14) positions seemed excessive. County Administrator, Carl Cool, stated he has reviewed the request, adding that the number can be decreased if they find all of the positions are not needed. Development Services Director, Jim Polatty, stated his agreement with the recommendations. Commissioner Stewart expressed concern about the number of

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positions being requested, with some authorized positions currently vacant. Commissioner Maxcy expressed the need to increase the level of service to the public. Motion by Commissioner Stokes, seconded by Commissioner Maxcy, to authorize the amount of money that is equivalent to ten (10) full time employees, including benefits, and give Staff the creativity to utilize those funds to best meet their needs. Then, if the positions are filled and needs are still not met, Staff will come back before the Board to request additional positions. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 48 Page 47.

G. County Administrator: Request from Highlands County Fair Association and the Sebring Firemen, Inc. to waive Emergency Medical Services fees for all events sponsored by them

County Administrator, Carl Cool, presented an amended request, and recommended waiving the EMS fees for bull riding events only by the Highlands County Fair Association and Sebring Firemen, Inc., up to five (5) events per year. EMS Director, Rick Weigand, stated he did not want to be committed to covering these events that require a dedicated unit be present at all times. He added that to bring in a dedicated unit would require off duty personnel and overtime funds. Commissioner Bullard stated his disagreement with in bringing in an extra unit and paying overtime. Commissioner Jackson questioned the charges for having a unit on stand-by. Mr. Weigand stated the County charges $100 per hour for a stand-by ALS unit. Commissioner Maxcy stated the Board should consider approving the request. Commissioner Stokes stated that if the Board waives the fees for the Fair Association and Sebring Fireman, they would be opening the door to other organizations wanting fees waived. Board Attorney, Ross Macbeth, stated the Board should continue hearing requests for coverage and fee waivers, and approve or disapprove on a case-by-case basis. Commissioner Bullard stated a firm policy on the utilization of EMS units needs to be created. The Board reached a consensus to instruct Staff to draft a written policy on the utilization of EMS units, and bring it back to the Board for discussion and consideration. Mr. Cool requested that the Board waive the fees for the Fair Association and Sebring Fireman, Inc., for the bull riding event that took place last Saturday nights. Motion by Commissioner Maxcy, seconded by Commissioner Jackson, to waive the fees for last Saturday’s event. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 48 Page 48. 7. CITIZENS NOT ON AGENDA No participants. 8. COMMISSIONERS: Commissioner Stewart commented on the recent events she attended at Highlands Hammock State Park and the Highlands Little Theatre. 9. ADJOURN The meeting adjourned at 1:16 P.M.

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REGULAR MEETING OF THE BOARD APRIL 11, 2006




Edgar Stokes J Ross Macbeth Andrew Jackson Jodi Pifer

Barbara Stewart 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Commissioner Guy Maxcy. The Pledge of Allegiance was led by Commissioner Andrew Jackson. 3. ANNOUNCEMENTS

A. Clerk Deputy Clerk, Bob Jamison, presented a report of Weekly Court Services for the week ended April 7, 2006 as provided by the Highlands County Clerk of Courts, L.E. “Luke” Brooker. See SMB 48 Page 49.


Apr 11 2:00 pm Veterans Advisory Board 7205 S. George Blvd. Apr 11 2:30 pm Historic Preservation Commission 501 S. Commerce Ave. Apr 11 3:00 pm Planning & Zoning Commission 600 S. Commerce Ave. Apr 11 3:00 pm Zoning Board of Adjustment 600 S. Commerce Ave. Apr 12 7:30 am Industrial Development Authority/Economic

Development Commission Board of Directors 2113 US 27 S, Sebring

Apr 12 9:00 am Local Mitigation Strategy Committee #251, 600 S. Commerce Ave. Apr 12 9:30 am Central Florida Regional Planning Council

retreat Sebring Airport, 128 Authority Lane

Apr 12 4:00 pm Natural Resources Advisory Committee sub-committee

#102, 501 S. Commerce Ave.

Apr 13 2:30 pm Recreation & Parks Advisory Committee #213, 505 S. Commerce Ave. Apr 17 4:00 pm (City of Sebring) Fire Chief Search

Committee City Hall Chambers, 368 S. Commerce Ave.

Apr 18 7:30 am Public Safety Coordinating Council Jury Assembly room of the Courthouse

C. Other meetings: On April 12 at 1:30 P.M. the School Concurrency Committee will meet at the School Board Office. The Assistant County Administrator Search Committee will meet on Monday, April 17 at 8 a.m., with interviews starting at 9 a.m.

Charlotte Mann, representing the Human Resources Department, presented the Board with award from United Way, honoring them for their Top Dollar Account. Chairman Bullard accepted the award on behalf of the Board. Commissioner Maxcy presented Charlotte Mann with an award from United Way of Central Florida, for Outstanding Employee Coordinator for 2005-2006.

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4. CONSENT AGENDA: Motion by Commissioner Jackson, seconded by Commissioner Maxcy, to approve consent agenda as amended, removing Budget Amendment #05-06-142 from Item 4-L, to be placed under action agenda. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits April 11, 2006

General …………………………………. 3,443,007.47 County Transportation Trust ……………. 42,057.72 E911 Operations Fund ……………………. 16,817.38

Local Govt Infra Surtax……….………...… 42,889.54 Tourist Development Trust Fund …………. 7,203.48

Affordable Housing Asst ………………….. 10,655.63 Hurricane Housing Rec Pro ………………... 7,800.00 Court Tech ………………………………….. 4,513.57

Building Code Enforcement Fund …………. 1,214.52 HCISSRB Construction Fund ……………… 2,647.16

Solid Waste ...………………………………. 40,530.75 Placid Utilities ...…………………………… 11,238.04

Highway Park Utility ……………………… 10,440.59 Risk Retention Fund ………………………….. 297.92 Employee Benefit Fund ……………………….. 12.78 Highlands Hosp Pass Thru ………………… 4,289.67

B. Request approval of Satisfaction of Mortgage for Felipe G. and Esperanza Garcia. See Satisfaction file.

C. Request approval of Satisfaction of Mortgage for Denise D. Williams. See Satisfaction file.

D. Request approval of Satisfaction of Mortgage for Edwin and Maria Melendez. See Satisfaction file.

E. Request approval of Satisfaction of Mortgage for Steve J. Strickland, Jr. and Terri D. Strickland. See Satisfaction file.

F. Request approval to modify agreement for the Emergency Management Preparedness and Assistance (EMPA) Base Grant Federal funds increase in the amount of $18,964.00 of Fiscal Year 2005-2006. See file for copy.

G. Request approval of Amendment No. 1 to Department of Environmental Protection Agreement for the “Little Lake Jackson Off-Line Alum Injection Stormwater Treatment System” G0094. See file for copy.

H. Request approval to release Notice of Nuisance on CE 05080107, 2004 Stowe Avenue, Avon Park, FL. See Subdivision file.

I. Request approval to release Notice of Nuisance on CE 05080097, 4816 High Ave., Sebring, FL. See Subdivision file.

J. Request approval to declare attached County property as surplus, waive two-step surplus disposal process, and allow said surplus to be disposed of by utilizing our contract with GovDeals, and internet auction service company. See SMB 48 Page 50.

K. Request approval of Budget Amendments 05-06-140; 148 and 150 L. Request approval of Resolutions and budget amendments 05-06-141; 142 and 147. See

Res. Book 19 .

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5. WORKSHOP: Parks & Recreation Director and Ken Langeland, Ph.D. University of Florida Center for Aquatic and Invasive Plants: Workshop on Invasive Plant Management Program

Parks & Recreation Director, Vicki Pontius, introduced Ken Langeland, Professor of Agronomy at the University of Florida Center for Aquatic and Invasive Plants. Mr. Langeland gave a presentation on the history and impacts of invasive plants, and the programs in place to control them. A video tape, made in 1989, of the first large scale Fluridone application on Lake Istokpoga, was also shown. Break 10:55 – 11:05 a.m. Beecham Firsh, Biologist with the Florida Fish and Wildlife Conservation Commission, described some photographs, taken by Commissioner Stewart, of the drawdown and clean up project of Lake Josephine. 6. ACTION: Motion by Commissioner Stokes, seconded by Commissioner Maxcy, to set action agenda as amended. Upon roll call, all Commissioners voted aye. Motion carried.

A. Parks and Recreation Director: Request approval of Recreation and Parks Advisory Committee’s recommendation and budget amendment 05-06-149

Parks & Recreation Director, Vicki Pontius, presented the request. Ned Hancock, representing the Highlands County School Board, briefly explained the request. Motion by Commissioner Maxcy, seconded by Commissioner Stewart, move to approve the RPAC recommendation to expend up to $80,176 from the Infrastructure account to reimburse the Highlands County School Board for lights at the new recreation facility being constructed in Lake Placid, along with the budget amendment. Upon roll call, all Commissioners voted aye. Motion carried.

B. County Administrator: Request approval of Budget Amendment 05-06-153 decreasing fund 005 Reserve for Contingency

County Administrator, Carl Cool, presented the request. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to approve the budget amendment as presented. Upon roll call, all Commissioners voted aye. Motion carried.

C. Consent Item 4-L: Request approval of Resolution and Budget Amendment #05-06-142 Commissioner Stewart questioned the request, specifically the need to provide coffee vending machines at the Sebring and Avon Park Libraries. Library Director, Mary Myers, explained the request. Motion by Commissioner Stokes, seconded by Commissioner Maxcy, to approve the resolution and budget amendment as presented. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 . Jerry Miller, representing Progress Energy, gave the Commission an update on the Sebring Rider. 7. COMMISSIONERS: Commissioner Maxcy expressed his appreciation to Commissioner Bullard, and the talk he gave yesterday at the Homeowners Executive Committee. 8. ADJOURN The meeting adjourned at 11:59 A.M.

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Barbara Stewart 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Commissioner Edgar Stokes. The Pledge of Allegiance was led by Board Attorney, Ross Macbeth. 3. Call for “Citizens not on the agenda”

4. ANNOUNCEMENTS

A. Clerk Deputy Clerk, Bob Jamison, presented a report of Weekly Court Services for the week ended April 13, 2006 as provided by the Highlands County Clerk of Courts, L.E. “Luke” Brooker. See SMB 48 Page 51.

B. Upcoming County meetings were entered into the record by County Administrator, Carl Cool. Apr 19 Noon Fisheating Creek Landowners Group Annie’s Club 98, 4651 US 98 Apr 19 2:00 pm Insurance Committee Board room, 600 S. Commerce Ave. Apr 19 6:00 pm HC Pandemic Influenza Summit Ag-Center, 4509 George Blvd.

C. Other meetings: The DARE program is scheduled for next Tuesday, April 25, 2006 at 9:00

A.M. at South Florida Community College. The Lake Placid Growth Management Committee will meet April 18 at Lake Placid Town Hall from 4-6 P.M. There will be a School Concurrency Committee Meeting on April 19 at the School Board Administration Building at 1:30 P.M.

5. CONSENT AGENDA: Motion by Commissioner Jackson, seconded by Commissioner Stewart, to approve consent agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits April 18, 2006 General …………………………………… 235,611.67 County Transportation Trust ……………. 53,654.40 E911 Operations Fund …………………………. 15.12

Law Enforcement Education ………………. 7,074.25 Legal Aid ……………………………………. 3,437.27 Local Govt Infra Surtax……….…………… 8,370.50 HCISSRB Debt Service Fund …………… 434,179.37

Tourist Development Trust Fund ………… 19,102.21 Affordable Housing Asst …………………… 4,065.00 Hurricane Housing Rec Pro ………………..... 375.00

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Sebring Parkway Maint ……………………… 100.00 Court Tech ………………………………………… .39

Building Code Enforcement Fund …………. 5,174.78 HCISSRB Construction Fund ……………….. 425.00

Solid Waste ...……………………………….. 20,491.22 Placid Utilities ...…………………………….. 3,647.12

Highway Park Utility ………………………... 1,839.83 Employee Benefit Fund ……………………... 3,280.48

B. Request approval of Satisfaction of Mortgage for Ana D. Sanchez. See Satisfaction file. C. Accept into the record the February 2006 Court-related Funds Revenue and

Expenditures. See SMB 48 Page 52. D. Request approval of a Satisfaction of Lien on 4710 Alhambra Ave., Sebring. See

Subdivision file. E. Request approval of a Satisfaction of Lien on 17514 Brinkerhoff, Okeechobee, Highlands

County, FL. See Subdivision file. F. Request approval of a Notice of Nuisance on CE 05090147, 3626 Hoyt Ave., Sebring. See

Subdivision file. G. Request approval of a Notice of Nuisance on CE 05090067, 3105 Howze Ave., Sebring.

See Subdivision file. H. Request approval of a Release of Nuisance on CE 05060184, 3719 Hoyt Ave., Sebring. See

Subdivision file. I. Request approval of budget amendments 05-06-161 and 162 J. Request approval of Resolutions & Budget Amendments 05-06-157; 158 and 159. See

Res. Book 19 Page 74. 6. PUBLIC HEARING: Public Hearing merging Chapter 12 of the Code of Ordinances with

Land Development Regulations; and request approval to adopt the Ordinance that merges the Land Development Regulations into Chapter 12 of the Code of Ordinances

Development Services Director, Jim Polatty, presented the request and Proof of Publication for this hearing. See Proof of Pub Ord. Book 4 Page 6. The caption of the ordinance was read into the record. Mr. Polatty stated that he would be coming back before the Board with some additional clean-up changes. Commissioner Stewart requested some additional items be added to the clean-up changes. Motion by Commissioner Stewart, seconded by Commissioner Maxcy, to adopt the Ordinance that merges the Land Development Regulations into Chapter 12 of the Code of Ordinances. Upon roll call, all Commissioners voted aye. Motion carried. 7. ACTION: Motion by Commissioner Jackson, seconded by Commissioner Maxcy, to set action agenda as amended, with one addition under County Administrator. Upon roll call, all Commissioners voted aye. Motion carried.

A. Warwick (Bud) Furr II, President, Highlands County Bar Association: Request approval of a Proclamation recognizing April 28, 2006 as “Highlands County’s Law Day”

Warwick “Bud” Furr II, President of the Highlands County Bar Association, presented the request. Chairman Bullard read the proclamation into the record. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to approve the proclamation, designating Friday, April 28, 2006, as

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Highlands County’s Law Day. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 75.

B. Sheriff Benton: 1. Request approval for Expenditure of Confiscated Federal Funds

Sheriff Susan Benton presented the request. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to approve the request for expenditure of Confiscated Federal Funds for the business watch decals for Crime Prevention, in the amount of $5,000.00. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 48 Page 53.

2. Presentation of Quarterly Report – April 2006 Sheriff Susan Benton presented a Quarterly Report of the Highlands County Sheriff’s Office, giving some quarterly information collected from the law enforcement bureau and the detention bureau. See SMB 48 Page 54.

3. Request to designate project coordinator – Edward Byrne Memorial Grant Sheriff Susan Benton presented the request. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to approve the request to designate Lisa McGehee as the project coordinator for the allocation of the Edward Byrne Memorial Grant funds. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 48 Page 55.

4. Request approval of Resolution & Budget Amendment 05-06-154 decreasing fund 005

Reserve for Contingency for Edward Byrne Memorial Grant – JAG (formally LLEBG) acceptance of funds

Sheriff Susan Benton presented the request. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to approve the resolution and budget amendment as presented. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 .

5. Request approval of Proclamation of National Crime Victims Week – 6 minute presentation

Sheriff Susan Benton presented the request. A short video was shown on the impact of crime on victims. Motion by Commissioner Stewart, seconded by Commissioner Jackson, to approve the proclamation, designating April 23–29, 2006 as National Crime Victims Week in Highlands County. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 77.

C. Director, Highlands County Health Department, Dr. Paula Thaqi: Request approval to relocate Avon Park Health Department to 400 South Lake Avenue, Avon Park

Dr. Paula Thaqi, Director of the Highlands County Health Department, presented the request. County Administrator, Carl Cool, stated Staff is agreement with the request. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to approve the relocation of the Avon Park Health Department to 400 South Lake Avenue, Avon Park, and instruct Staff to draft the appropriate documents. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 48 Page 56.

D. Mike Willingham, Executive Director, Sebring Airport Authority: Request approval of an Interlocal Agreement with and loan to Sebring Airport Authority regarding Funder America

Mike Willingham, Executive Director of the Sebring Airport Authority, presented the request, and gave a presentation on the background of Funder America. Commissioner Stewart requested an

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explanation of how the loan would be paid back. Mr. Willingham stated the loan would be repaid from the tax increment that the CRA receives from the project. Commissioner Stokes expressed concern about offering in-kind services for developing the project. Commissioner Maxcy questioned the interest that would be paid on the loan. OMB Director, Rick Helms, stated the interest rate could be tied to the SBA rate or be a variable rate. He recommended not funding the loan from the County’s Infrastructure Fund. County Administrator, Carl Cool, stated he did not feel it is a good time to do this project with in-kind services. Motion by Commissioner Jackson, seconded by Commissioner Stokes, to approve the funding of the Funder America project through the Sebring Airport Authority, and instruct Staff to revise the Interlocal Agreement and loan documents to reflect concerns discussed at today’s meeting. Upon roll call, all Commissioners voted aye. Motion carried. See file for copy. 10:35 – 11:05 a.m. Break to celebrate Highlands County’s 85th Birthday in the lobby

E. Development Services Director: Status report concerning a grant agreement to fund facilitation of a visioning workshop(s) to identify an Urban Services Area in Highlands County

Development Services Director, Jim Polatty, presented a request for the Board to approve a May 16 or May 30 meeting at the Sebring Middle School commons, to complete the visioning work for the Department of Community Affairs grant. Motion by Commissioner Stokes, seconded by Commissioner Maxcy, to approve to hold a meeting on May 16, 2006 to satisfy the agreement for the grant to facilitate the development of an Urban Service Area. Upon roll call, all Commissioners voted aye. Motion carried.

F. OMB Director: Request approval of management responses to management letter OMB Director, Rick Helms, presented the request. Mike Carter, partner with The NCT Group, C.P.A.’s, stated they are in agreement with Management’s responses. Bob Jamison, Senior Director of Business Services, stated the Clerk’s office is satisfied with Management’s responses. Motion by Commissioner Stokes, seconded by Commissioner Maxcy, to approve the management responses to the management letter issued by The NCT Group for the Audited Financial Statements for the fiscal year ended September 30, 2005. Upon roll call, all Commissioners voted aye. Motion carried. See file for copy.

G. County Administrator: 4. Request approval of Proclamation recognizing the month of April 2006 as Highlands

County Volunteer Month County Administrator, Carl Cool, presented the request. Commissioner Jackson read the proclamation into the record. Motion by Commissioner Jackson, seconded by Commissioner Stokes, to adopt the Proclamation, recognizing the month of April 2006 as Highlands County Volunteer Month. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 78.

1. Request approval of Budget Amendments 05-06-144 and 05-06-165 decreasing fund 005 Reserve for Contingency

County Administrator, Carl Cool, presented the request. Motion by Commissioner Stokes, seconded by Commissioner Maxcy, to approve the budget amendments as presented. Upon roll call, all Commissioners voted aye. Motion carried.

2. Request to waive board bid process, accept written quote and approve budget amendment 05-06-160

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County Administrator, Carl Cool, presented the request. Lisa McGehee, representing the Sheriff’s Office, showed some pictures of the old and new equipment. Motion by Commissioner Stewart, seconded by Commissioner Jackson, to approve to waive the Board’s bid process, accept the written quote, and approve the budget amendment, for the purchase of equipment for the Sheriff’s Office that is used to open and close jail doors. Upon roll call, all Commissioners voted aye. Motion carried.

3. Request approval of an Interlocal with the City of Avon Park for the purpose of locating and operating a branch office of the Highlands County Building Department within the City of Avon Park

County Administrator, Carl Cool, presented the request. Motion by Commissioner Maxcy, seconded by Commissioner Jackson, to approve the proposed Interlocal Agreement with the City of Avon Park for the purpose of locating and operating a branch office of the Highlands County Building Department within the City of Avon Park. Upon roll call, all Commissioners voted aye. Motion carried. See file for copy. 8. CITIZENS NOT ON AGENDA Colin McClellan spoke about zoning issues related to mobile home parks and impact fees. 9. COMMISSIONERS: Commissioner Stewart invited the public to attend “Earth Day” Saturday April 22 at the Highlands Hammock State Park. Commissioner Maxcy welcomed former County Commissioner Marguerite Skipper, who was in attendance for the County’s birthday celebration. Commissioner Stokes reported on the Water Management Board meeting he attended last week. 10. ADJOURN The meeting adjourned at 11:50 A.M.

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Barbara Stewart 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Development Services Director, Jim Polatty. The Pledge of Allegiance was led by Deputy Clerk, Bob Jamison. 3. ANNOUNCEMENTS

A. Clerk Deputy Clerk, Bob Jamison, presented a report of Jury Trial Week for April and a report of Weekly Court Services for the week ended April 21, 2006 as provided by the Highlands County Clerk of Courts, L.E. “Luke” Brooker. See SMB 48 Page 57. On behalf of the Clerk, he invited the public to attend the National Day of Prayer ceremony, Thursday May 4th at 11:00 a.m. on the Courthouse lawn.

B. Upcoming County meetings were entered into the record by County Administrator, Carl Cool. Apr 25 3:00 PM Planning & Zoning Commission &

the Local Planning Agency 600 S. Commerce Ave.

Apr 26 10:00 AM Long Range Transportation Committee


Apr 26 10:00 AM E-911 Communications Committee

Desoto City Fire Station 19, 6850 W. George Blvd.

Apr 26 11:30 AM Heartland Rural Health Network, Inc., Board of Directors

100 W. College Dr., Avon Park

Apr 26 4:00 PM Natural Resources Advisory Commission (NRAC)

501 S. Commerce Ave

Apr 27 10:00 AM HC Visitor Convention Bureau (Tourist Development Council)


Apr 27 10:00 AM Avon Park Library Grand Opening 100 North Museum Avenue, Avon Park Apr 27 1:00 PM Sebring Airport Authority &

Sebring Regional Airport Community Redevelopment Agency

128 Authority Lane, Sebring

Apr 28 2:30 PM Law Day Community Reception 430 S. Commerce Ave., Sebring Apr 28 3:45 PM Law Day Program 600 S. Commerce Ave. Sebring,

(Boardroom)

C. Other meetings: A Joint Workshop on School Concurrency between Highlands County, the School Board, and three cities on May 1 at 6 p.m. in the Commissioners Boardroom.

4. CONSENT AGENDA: Motion by Commissioner Jackson, seconded by Commissioner Stokes, to approve consent agenda as amended, removing Item 4-D from the agenda. Upon roll call, all Commissioners voted aye. Motion carried.

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A. Request approval to pay all duly authorized bills and employee benefits April 25, 2006 General …………………………………… 247,424.34 County Transportation Trust ……………. 50,834.01 E911 Operations Fund …………………….. 3,280.64

Local Govt Infra Surtax……….…………… 9,116.53 Tourist Development Trust Fund …………10,262.24 Comm Development Block ………………… 7,719.73 Affordable Housing Asst ……………………8,325.00 Court Tech …………………………………… 520.00 Building Code Enforcement Fund …………1,822.85 Solid Waste ...………………………………13,079.53

Placid Utilities ...…………………………… 2,166.34 Highway Park Utility …………………………. 38.86

B. Request approval of minutes for the April 4, 2006 board meetings C. Request approval of a Satisfaction of Mortgage for Gregory J. Waack. See Satisfaction

file. D. Request approval to appoint Dr. Mary Ann Fritz to the Hospital District Board

representing District 1 E. Request approval of sponsorship to Sebring Fireman, Inc. for FACA High School Allstar

Baseball event in the amount of $2,500. See grant file. F. Request approval of budget amendments 05-06-164; 166; 167 and 168

5. PUBLIC HEARING: Request approval a Notice of Lien on CE 05060061, 6412 Hancock

Road, Sebring, FL Code Enforcement Officer, April Hartseil, presented the request. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to approve placing a lien on the property located at 6412 Hancock Road, Sebring, in the Foster Beasley Subdivision. Upon roll call, all Commissioners voted aye. Motion carried. See Subdivision file. 6. PUBLIC HEARING: Requesting a motion to consider adoption of the Resolution to vacate

the easement described as a 15’ foot wide easement, lying 7.5 feet left and right of the following described centerline: begin at the Southeast corner of Lot 18, Block 62, Sebring Country Estates, Section Three, also known as the Southwest corner of Lot 19, Sebring Country Estates, Section Three, according to the Plat thereof as recorded in Plat Book 9, Page 6 of the Public Records of Highlands County, Florida; thence North 00°00’28” West and along the East line of Lot 18 for a distance of 117.50 Feet to the end of description.

County Engineer, Ramon Gavarrete, presented the request. Motion by Commissioner Stokes, seconded by Commissioner Maxcy, to vacate the easement as described. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 79. 7. PUBLIC HEARING: Considering a motion to adopt a Resolution to vacate the ten feet

utility and drainage easements lying between Lots 9 and 10, Block 16, Highlands Park Estates, Section E, according to the Plat thereof recorded in Plat Book 4, Page 87, of the Public Records of Highlands County, Florida, less the Easterly and Westerly 10.00 feet thereof

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County Engineer, Ramon Gavarrete, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to vacate the easements as described. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 80. 8. PUBLIC HEARING: To consider a motion to adopt a Resolution to vacate an easement

being the North 10 feet of the East 115 feet of Lot 82, Block 1 & the South 10 feet of the East 115 feet of Lot 81, in Placid Lakes, Section 19, according to the Plat thereof in Plat Book 9, Page 14 of the Public Records of Highlands County, Florida

County Engineer, Ramon Gavarrete, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Maxcy, to vacate the easement as described. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 . 9. PUBLIC HEARING: To consider a motion to adopt a Resolution to vacate a portion of a

10.00 foot drainage and utility easement being more particularly described as follows: Commence at the Southwest corner of Lot 13, of Thunderbird Hill East, according to the Plat thereof as recorded in Plat Book 13, Page 43, of the Public Records of Highlands County, Florida; thence N89°56’32”E, along the South line of said Lot 13 a distance of 10.00 feet; thence N00°03’28”W a distance of 58.00 feet to the Point of Beginning; thence S89°56’32”W a distance of 5.00 feet; thence N00°03’28”W a Distance of 40.00 feet; thence N89°56’32”E a distance of 5.00 feet; thence S00°03’28”E a distance of 40.00 feet to the Point of Beginning

County Engineer, Ramon Gavarrete, presented the request. Motion by Commissioner Maxcy, seconded by Commissioner Stewart, to vacate the easements as described. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 82. 10. PUBLIC HEARING: Public Hearing for proposed Zoning changes: Proof of Publication for the following hearings were entered into the record by Development Services Director, Jim Polatty. See SMB 48 Page 58.

A. HEARING #1851 – SCOTT DASILVA – C/O CLIFFORD R. RHOADES Approximately 1.2 acres located on the South side of U.S. 98 in Lorida, between Palms Estate Road and Pine Terrace, and legally described as follows: Lots 7, 8, 11, and 12, Block 2, Lorida Heights as recorded in P.B. 6, PG. 39A and Replat of Lorida Heights, as recorded in P.B. 8, PG. 48, both of the Public Records of Highlands County, Florida. Request: A zoning change from B-1 (Neighborhood Business district) and B-3 (Business district.) Applicant desires filling station and other retail space. This hearing has been pulled from the agenda at this time.

B. HEARING #1852 – MARJORIE Y. HAYNES – C/O KENNETH HAYNES - C/O CLIFFORD R. RHOADES

Approximately 8.5 acres located on the Northeast corner of Sebring Parkway (Highlands Avenue) and DeSoto Road, and abbreviated legal as follows: Approximately 8.5 acres located in Sec. 33, Twp. 34S, Rge. 29E, Highlands County, Florida. Request: A zoning change from AU (Agricultural) to I-1 (Industrial district.) Applicant desires all the permitted uses in the I-1 district

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Development Services Director, Jim Polatty, presented the request. Commissioner Maxcy questioned the different uses allowed in I-1 zoning. Cliff Rhoades, representing the applicant, stated they will propose a deed restriction, removing some of the uses from the property. Rick Engler and Lee Atkins spoke in opposition to the request. Commissioner Stokes questioned if a buffer would be required. Mr. Polatty stated a Type D buffer would be required. Commissioner Stewart stated this use is not compatible with the surrounding areas, and made a motion to deny the request. Motion died for lack of a second. Motion by Commissioner Jackson, seconded by Commissioner Maxcy, in accordance with the Planning and Zoning Commission move to approve and adopt by Resolution P&Z 1852 changing the zoning atlas for 8.5 acres from AU (Agricultural) to I-1 (Industrial District), referencing the Mandatory Findings and becoming effective as provided by law. Upon roll call, all Commissioners voted aye, except Commissioners Stewart and Bullard, who voted nay. Motion carried. See Res. Book 19 Page 83.

C. HEARING #1853 – FLAMINGO PROPERTIES, LLC - C/O CLIFFORD R. RHOADES Approximately 5 acres located on the East shore of Little Lake Jackson on Tubbs Road, and abbreviated legal as follows: Approximately 5 acres located in Sec. 6, Twp. 35S, Rge. 29E, Highlands County, Florida. Request: A zoning change from AU (Agricultural) to R-3 (Multiple Dwelling district.) Applicant desires to construct multi-family residential. Development Services Director, Jim Polatty, stated P&Z has recommended that this hearing be continued. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, move to table P&Z Hearing # 1853 until May 23, 2006 at 9:00 a.m. or as soon thereafter as possible, in the County Commission Board Room. Upon roll call, all Commissioners voted aye. Motion carried.

D. HEARING #1854- MAGNOLIA PROPERTIES OF SEBRING INC. – C/O RICK WHIDDEN

Six quarter acre lots on the Southeast corner of Sun ‘N Lake Boulevard and Cortez Boulevard in Sun ‘N Lake of Sebring, and abbreviated legal as follows: Approximately 1.82 acres located in Sec. 8, Twp. 34S, Rge. 28E, Highlands County, Florida. Request: A zoning change from R-2 (Two-Family Dwelling district) to R-2 FUD (Two-Family Dwelling district with a Flexible Unit Development.) Applicant desires to construct duplex villas. Development Services Director, Jim Polatty, presented the request. Rick Whidden, representing the applicant, briefly explained the request. Motion by Commissioner Stewart, seconded by Commissioner Maxcy, in accordance with the Planning and Zoning Commission move to approve and adopt by Resolution P&Z Hearing 1854 changing the Zoning Atlas for 1.82 acres from R-2 (Two-Family Dwelling district) to R-2 FUD (Two-Family Dwelling district with a Flexible Unit Development), referencing the mandatory findings, becoming effective as provided by law. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 84.

E. HEARING #1855 – J. TIMOTHY BLACKMAN – C/O RICK WHIDDEN Approximately 4.9 acres located on the East side of Sparta Road, 1/4 mile South of U.S. 27, and abbreviated legal described as follows: Approximately 4.85 acres located in Sec. 5, Twp. 35S, Rge. 29E, Highlands County, Florida. Request: A zoning change from R-3 (Multiple Dwelling district) to R-3 FUD (Multiple Dwelling district with a Flexible Unit Development.) Applicant desires to construct condos and townhouses.

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Development Services Director, Jim Polatty, presented the request. Rick Whidden, representing the applicant, briefly explained the request. Tim Blackman, applicant, also spoke about his development. Motion by Commissioner Stokes, seconded by Commissioner Jackson, in accordance with the Planning and Zoning Commission move to approve and adopt by Resolution P&Z 1855 changing the Zoning Atlas for 4.9 acres from R-3 (Multiple Dwelling district) to R-3 FUD (Multiple Dwelling district with a Flexible Unit Development), including the conditions as stated below, referencing the mandatory findings, becoming effective as provided by law and becoming effective when the ordinance authorizing the use of R-3 in Medium Density FLUM Category is re-adopted by the Board of County Commissioners (the re-adoption of Ordinance 05-06-14). Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 85.

FUD CONDITIONS: 1. Central water and central sewer are to be provided from the City of Sebring. 2. The Applicant shall dedicate additional rights-of-way as required by the County Engineer in order to meet the requirements of the Long Range Transportation Plan, the Land Development Regulations, the Highlands County Technical Standards Manual and the Capital Improvement Program at the time of development. 3. In the event a dedication is made to the County, the FUD site plan will move East the width dedicated without alteration and with a corresponding reduction in side setbacks. 4. The number of units is to be capped at 37 dus. 5. North, East, and South sides shall have a minimum 10 foot transitional yard vegetated with a minimum 5 feet high opaque buffer hedge and trees planted on maximum 10 foot center

F. HEARING #1856 – LIVING WATERS MINISTRY CHURCH OF GOD #11326 – C/O

ROGER DALE POLSTON Approximately 6.3 acres located on the West side of Sparta Road, between Sudan Mission Road and Holmes Road, and abbreviated legal as follows: the Lot being located at 4571 Sparta Road, Sebring, Florida, and abbreviated legal as follows: Approximately 6.33 acres located in Section 6, Twp. 35S, Rge. 29E, Highlands County, Florida. Request: A zoning change from AU (Agricultural) to EU (Estate district.) Applicant desires church and church uses Development Services Director, Jim Polatty, presented the request. Dale Polston, representing the applicant, briefly explained the request. Motion by Commissioner Stokes, seconded by Commissioner Jackson, in accordance with the Planning and Zoning Commission move to approve and adopt by Resolution P&Z 1856 changing the Zoning Atlas for 6.33 acres from AU (Agricultural district) to EU (Estate district), referencing the mandatory findings and becoming effective as provided by law. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 86. 11. ACTION: Motion by Commissioner Stokes, seconded by Commissioner Stewart, to set action agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.

OMB Director: Request approval of procedure and reallocation of funds for the Avon Park Library

OMB Director, Rick Helms, presented the request. Mary Myers, Library Director, requested that the funds be reallocated for the purchase of additional items for the Avon Park Library expansion project. Deputy Clerk, Bob Jamison, questioned if this service would need to be put out to bid, and if any formal agreement would need to be drafted. Mr. Helms stated the Board could waive the bid process. Board Attorney, Ross Macbeth, stated an agreement could be drafted. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to approve the procedure outlined for the provision of

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coffee service at the Avon Park Library and that the $5,000 that was appropriated for the purchase of a coffee maker be reallocated to additional items related to the Avon Park Library expansion, including waiving the bid process, if necessary, and approval of an agreement to be drafted, and reviewed and approved by the Board Attorney. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 48 Page 59. 12. CITIZENS NOT ON AGENDA No participants. 13. COMMISSIONERS Commissioner Stewart reported on a meeting she attended last week with the Southwest Florida Water Management District and Peace River Authority. 14. ADJOURN The meeting adjourned at 10:55 A.M.

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REGULAR MEETING OF THE BOARD MAY 2, 2006 1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at




Barbara Stewart 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Commissioner Barbara Stewart. The Pledge of Allegiance was led by Harold Linville, Commander of the local chapter of the Disabled American Veterans. 3. Call for “Citizens not on the agenda” forms to be turned in 4. ANNOUNCEMENTS

A. Clerk Deputy Clerk, Bob Jamison, presented a report of a report of Weekly Court Services for the week ended April 28, 2006 as provided by the Highlands County Clerk of Courts, L.E. “Luke” Brooker. See SMB 48 Page 60. He also reminded the public of the National Day of Prayer ceremony that will be held on Thursday, May 4 at 11:00 a.m. on the Courthouse Lawn.


May 2 4:00 pm Lake Placid Growth Management Committee

51 Park Drive, Lake Placid

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

600 S. Commerce Ave. Board Room

May 3 1:30 pm Transportation Disadvantaged Local Coordinating Board

#3, Ag-Center, 4509 W. George Blvd.

May 4 8:00 am HC Lakes Association Tourist Tax Projects Committee

Purchasing conference room, 4344 George Blvd.

May 4 1:15 pm HC Hospital District Board Law Library, room 302, 430 S. Commerce Ave.

May 8 8:00 am Executive Committee for the Industrial Development Authority and the Economic Development Commission

EDC Office, 2113 US 27 S.

May 8 9:00 am HC Homeowners Association 3240 Grand Prix Drive, Sebring May 8 6:30 pm Highway Park Neighborhood

Preservation and Enhancement District 114 Cloverland Street, Lake Placid

C. Other meetings: The Tourist Tax Committee will meet on Thursday, May 4 at 8:15 a.m. at the

Agri-Civic Center. The Adopt a Leader Prayer Luncheon is scheduled for Thursday, May 4 at the First Baptist Church Fellowship Hall.

5. CONSENT AGENDA: Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to approve consent agenda as amended, removing Item 5-G, to be placed on action agenda. Upon roll call, all Commissioners voted aye. Motion carried.

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A. Request approval to pay all duly authorized bills and employee benefits May 02, 2006 General …………………………………… 2,269,162.14 County Transportation Trust ……………… 43,275.28 E911 Operations Fund ……………………….. 1,180.92

Intergovt Radio Communications …………... 6,164.30 Local Govt Infra Surtax……….……………181,192.66 Tourist Development Trust Fund ………….. 40,329.66 Sebring Parkway Maint ……………………….. 850.00 Law Library Trust Fund …………………….. 2,219.34 Court Tech ……………………………………. 1,844.70 Building Code Enforcement Fund ………..… 1,358.37 HCISSRB Construction Fund ………………. 8,000.00 Solid Waste ...…………………………….…150,197.94

Placid Utilities ...……………………………..… 301.22 Highway Park Utility ……………………….…. 958.63 Risk Retention Fund …………………………….… .59 Employee Benefit Fund ………………………….. 2.56

B. Request approval of board minutes for March 28, 2006; and April 11, and 18, 2006 C. Accept into the record the Quarterly Report D. Request approval to appoint a primary and secondary (alternate) member to the

Highlands County Insurance Committee. See SMB 48 Page 61. E. Request approval of “Exhibit A” FY 06/07 FDOT Work Orders and a Resolution

authorizing the chairman to sign per approved FDOT Traffic Signal Maintenance and Compensation Agreement. See file for copy.

F. Request approval to record instruments accepting additional road right of way for Townsend Road

G. Request approval of Agreement between University of Florida and Highlands County to evaluate the Leachate Recirculation and Gas Collection System

H. Request approval and execution of the Interlocal Agreement for payment of operational expenses of the District Medical Examiner’s Facility by and between Hardee, Highlands & Polk Counties. See file for copy.

I. Request approval of Resolutions and budget amendments 05-06-170; 174. See Res. Book 19 Page 87.

J. Request approval of budget amendments 05-05-171; 172; 173 and 175

6. ACTION: Motion by Commissioner Stokes, seconded by Commissioner Maxcy, to set action agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.

A. County Administrator: Request approval of Rick Helms to the position of Assistant County Administrator

County Administrator, Carl Cool, presented the request. Motion by Commissioner Stokes, seconded by Commissioner Maxcy, to approve the appointment of Rick Helms to the position of Assistant County Administrator. Upon roll call, all Commissioners voted aye. Motion carried. Mr. Helms thanked the selection and interview committee, and the Commissioners for their confidence in his abilities, and for the opportunity to serve Highlands County as the next Assistant County Administrator. He also thanked his wife for her support. See SMB 48 Page 62.

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B. Request approval of Agreement between University of Florida and Highlands County to evaluate the Leachate Recirculation and Gas Collection System

Commissioner Stewart asked for clarification on a few aspects of this agreement. Solid Waste Director, Ken Wheeler, briefly explained the request. Motion by Commissioner Stokes, seconded by Commissioner Jackson, to approve and authorize the Chairman to sign the agreement with the University of Florida for a Landfill gas study at the cost of $37,500. Upon roll call, all Commissioners voted aye. Motion carried. See file for copy. 7. CITIZENS NOT ON AGENDA No participants. 8. COMMISSIONERS: Commissioner Stewart reported on a meeting she attended last week regarding Rural Areas of Critical Economic Concern. She also requested that the Board and Staff look at right-of-way issues for road maintenance. Commissioner Maxcy requested the Board consider having a discussion on the possible extension of C.R. 635. Commissioner Bullard stated he has already put this item on the agenda as a workshop for the May 16th Board meeting. 9. ADJOURN The meeting adjourned at 9:42 A.M.

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Barbara Stewart 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Human Services Director, Kevin Roberts. The Pledge of Allegiance was led by Commissioner C. Guy Maxcy. 3. ANNOUNCEMENTS

A. Clerk Deputy Clerk, Bob Jamison, presented a report of Business Services for the Month of April as provided by the Highlands County Clerk of Courts, L.E. “Luke” Brooker.


C. Other meetings: The Historic Preservation Commission will meet on May 9 at 2:30 pm in the Planning Conference Room. Mr. Cool briefly reported on a structure fire that occurred this morning in Sun’n Lakes of Lake Placid.

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

A. Request approval to pay all duly authorized bills and employee benefits May 09, 2006 General ……………………………………. 926,205.32 County Transportation Trust …………….. 30,681.95 E911 Operations Fund ………………………… 85.12

Local Govt Infra Surtax……….…………. 199,830.54 Tourist Development Trust Fund ………… 19,564.71 Comm Development Block …………………… 687.80 Affordable Housing Asst …………………… 9,167.51

May 09 3:00 pm Planning & Zoning Commission the Local Planning Agency and the Zoning Board of Adjustment

600 S. Commerce Ave.

May10 7:30 am Industrial Development Authority/Economic Development Commission Board of Directors

2113 US 27 S, Sebring

May 10 9:00 am Local Mitigation Strategy Working Group


May 10 9:30 am Central Florida Regional Planning Council

Polk Co. Historical Museum, 100 E. Main St., Bartow, FL

May10 10:00 am Community Traffic Safety Team #3, Ag-Center, 4509 George Blvd. May 15 1:00 pm Istokpoga Marsh Watershed Advisory

Board #3, Ag-Center 4509 George Blvd.

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Fire Inspection ……………………………….… 35.27 Court Tech …………………………………….. 696.06 Building Code Enforcement Fund ………..…1,539.62 HCISSRB Construction Fund …………….. 12,650.00 Solid Waste ...……………………………..…42,975.55

Placid Utilities ...…………………………..… 2,097.58 Highway Park Utility …………………………. 106.34 Risk Retention Fund ……………………….….… 4.31 Employee Benefit Fund …………………….….. 12.93

B. Request approval of the minutes for the 4-25-006 and 5-2-06 meeting C. Request approval of Satisfaction of Mortgage for Filiberto and Carlota Tellez. See

Satisfaction file. D. Request approval of Satisfaction of Mortgage for Joel B. and Tara M. Kline. See

Satisfaction file. E. Request approval of Satisfaction of Mortgage for Ruthie Lee Strickland. See Satisfaction

file. F. Request approval of a federally funded Sub-Grant Agreement between Highlands

County and the State of Florida Department of Community Affairs for $110,000 for hurricane shutters which will increase our wind compliant shelter inventory from seven to nine. See file for copy.

G. Accept into the record Court-related Funds Revenue and Expenditures report. See SMB 48 Page 64.

H. Request approval of Subdivision Improvement Agreement - Sebring Ridge Utilities Wastewater Treatment Plant. See file for copy.

I. Request approval of a Plat Recordation on Lakeshore Mall Subdivision, Replat of a portion of Lot 6, Section 26, Township 34 South, Range 28 East

J. Request approval of Consultant Service Authorization No. 36 Addendum No. 3 for the re-design of the Sebring Parkway Phase II signalized intersections to include new mast arm supports instead of strain poles in the amount of $41,550. See file for copy.

K. Request approval of Memorandum of Agreement between the Office of Tourism, Trade and Economic Development and Highlands County. See file for copy.

L. Request approval of Consultant Service Authorization No. 8680.13 to obtain the Environmental Resources Permit (ERP) from the Southwest Florida Water Management District (SWFWMD) for the newly constructed Placid Lakes Drainage Improvements project. See file for copy.

M. Request approval of Budget Amendment 05-06-180 N. Request approval of Resolutions and budget amendment 05-06-177. See Res. Book 19

Page 88. O. Request approval of Budget Amendment 05-06-178

5. PUBLIC HEARING: Public Hearing to request approval of Amendments to Chapter 12

(Land Development Regulations & Zoning Code) Proof of Publication for this hearing was entered into the record. See SMB 48 Page 65. A caption of the ordinance was read into the record. Zoning Supervisor, Gary Lower, and Planning Supervisor, Duane Neiderman, presented the request, pointing out the changes that have been made to Chapter 12. Some suggested language changes were made by the Commissioners, along with some minor typographical changes. Public input on the amendments was received from Jack Ritchie and John

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Borgemeister. Staff will incorporate the suggested changes into the ordinance and bring it back to the Board at a later date for adoption. See tape for further detail. Break 10:56 – 11:10 A.M. 6. WORKSHOP:

A. Vicki Pontius and Patrick High: Triathlon Presentation Parks and Recreation Director, Vicki Pontius, gave a brief presentation on the sprint triathlon that will be held on July 16 in Highlands County. She introduced Patrick High who had competed in numerous triathlons. Mr. High gave a brief presentation on what is involved in a triathlon, and showed a short video of the 2004 Iron Man World Championship Triathlon that was held in Hawaii.

B. County Administrator: Discussion of Edna Pearce Lockett site County Administrator, Carl Cool, stated the County has been approached by the South Florida Water Management District (SFWMD), to find out if the County would be interested in reconsidering becoming more involved in the Edna Pearce-Lockett Estate. SFWMD has negotiated an agreement with Florida Atlantic University (FAU) to renovate the property and use it for educational purposes, but would like to convey the 13 acres to another government agency. Commissioner Stokes stated that the County was involved in doing a lot of improvements to the site. He added that he is reluctant to revisit the issue, but would be willing to listen to new ideas. Commissioners Maxcy, Jackson, and Stewart stated their interest in reconsidering, but as a partner. Commissioner Bullard suggested meeting with SFWMD and FAU, to listen to their ideas and obtain some cost estimates. Mr. Cool stated he would look into it, and report back to the Board. 7. ACTION: Motion by Commissioner Jackson, seconded by Commissioner Maxcy, to set action agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.

A. Development Services Director: 1. Request approval of a proposed contract with Nabors, Giblin & Nickerson, P.A. for

School Concurrency County Administrator, Carl Cool, presented the request. Motion by Commissioner Maxcy, seconded by Commissioner Jackson, to waive the Board’s bid process and approve the proposed contract with the Nabors, Giblin, and Nickerson, P.A. law firm. Upon roll call, all Commissioners voted aye. Motion carried. See file for copy.

2. Request approval of P&Z, BOA, and LPA member appointments

B. Human Services Director and Executive Director of Economic Development Commission: Request approval of a Defense Infrastructure Grant for construction of a cell phone tower

Human Services Director, Kevin Roberts, presented the request. E-911 Coordinator, Ben Henley, stated that several cellular phone carriers are interested in locating their equipment on the tower, but will not invest in the location until the tower is built. Commissioner Stewart stated she would like to see some of the lease money kept to cover the operation and maintenance of the tower. Motion by Commissioner Stewart, seconded by Commissioner Stokes, move to approve that the Board of County Commissioners enter into the grant agreements with Enterprise Florida, Inc., and accept the Defense

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Infrastructure grants, so that Highlands County can move forward with construction of a cell phone tower on county property currently utilized by the Avon Park Youth Academy. Upon roll call, all Commissioners voted aye. Motion carried. See file for copy. Commissioner Stewart made a motion to approve that lease monies received by Highlands County from companies which have placed their equipment on the cell phone tower be directed to the Children’s Services Foundation to help fund children’s services programs and initiatives in our community. Commissioner Stokes seconded the motion. Board Attorney, Ross Macbeth, stated the proper motion would be to budget for the lease revenue received, and budget those funds as a donation to the Children’s Services Foundation. Commissioner Stewart withdrew her motion. Commissioner Stokes withdrew his second.

C. Human Resources Director: Request approval of Engineering Department reclassification of positions

Human Resources Director, Fred Carino, presented the request. County Engineer, Ramon Gavarrete, stated these positions are needed. Motion by Commissioner Stokes, seconded by Commissioner Maxcy, to approve the personnel action of reclassifying positions within the Engineering Department. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 48 Page 66.

D. County Administrator: 1. Parks and Recreation Director and County Administrator: Presentation of

Recreation and Parks Advisory Committee’s recommendation on property adjacent to Veteran’s Beach

County Administrator, Carl Cool, stated that a piece of property on the south side of Veteran’s Beach has recently come up for sale that the City of Sebring would like to purchase. Members of the City Council approached RPAC with a proposal in which the County would fund $160,000 of the purchase price. The funds would be reimbursed to the City of Sebring at $40,000 per year for four years. Parks and Recreation Director, Vicki Pontius, stated that RPAC is recommending the County commit a total of $160,000 toward the project. The City of Sebring is asking the County to fund an additional $137,500, for the balance of the purchase price. She added that the City has agreed to apply for a FRDAP grant for $200,000, and if awarded, would be applied to the balance needed to purchase the property. Commissioner Bullard expressed his opposition to funding the additional money. Commissioner Maxcy stated the County does not have the money to fund the additional request. Commissioner Stewart stated she is uncomfortable with funding any part of the project without more information on a plan, and the costs associated with the improvements to the property. Mr. Cool stated that the County will be involved in developing a plan for the site. Commissioner Jackson made a motion to accept RPAC’s recommendation and commit $160,000 to the project, to be paid to the City of Sebring over four years at $40,000 per year. Commissioner Stokes seconded the motion. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 48 Page 67.

2. Request approval of Resolution & budget amendment 05-06-179 decreasing fund 005 Reserve for Contingency & appropriating additional grant funds for voter education & poll worker recruit/training grants. Also, execution of Certificate regarding matching funds for the Poll worker Recruit/Training Grant

County Administrator, Carl Cool, presented the request. Motion by Commissioner Maxcy, seconded by Commissioner Jackson, to approve the request as presented. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 89.

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3. Report on structure fire in Sun’n Lakes Acres of Lake Placid Carl Cool reported on a structure fire that occurred in the Sun’n Lakes Acres area of Lake Placid this morning. He stated that the house was a total loss, the firefighters were able to contain it, and no other structures were involved. A family of five adults and two children are now homeless, and the American Red Cross is working with them to provide them with a place to live. 8. COMMISSIONERS: Commissioner Stokes announced that Ray Royce’s daughter, Colby Royce, has won the state and regional competition in the mathematical skills and focus of critical thinking Commissioner Stewart reported on the Florida Planning & Zoning Association meeting she attended last week. Commissioner Maxcy announced that the Commission’s efforts in Tallahassee on Legislation Day gained the County $563,000. 9. ADJOURN The meeting adjourned at 1:28 P.M.

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Bob Bullard Carl Cool C Guy Maxcy Pam Cross

Andrew Jackson J Ross Macbeth Barbara Stewart Jodi Pifer

Commissioner Stokes was absent from the meeting. 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Commissioner C. Guy Maxcy. The Pledge of Allegiance was led by Commissioner Andrew Jackson. 3. Call for “Citizens not on the agenda” forms to be turned in

4. ANNOUNCEMENTS

A. Clerk Deputy Clerk, Pam Cross, presented a report of Weekly Court Services for the week ended May 12, 2006 and a report of Jury Trial Week for May as provided by the Highlands County Clerk of Courts, L.E. “Luke” Brooker.

B. Upcoming County meetings were entered into the record by County Administrator, Carl Cool. May 16 2:00 pm Veteran’s Advisory Board 7205 S. George Blvd. May 16 6:00 pm HC Planning Dept.’s Community

Visioning Workshop to identify an Urban Services Area in Highlands Co.

Sebring Civic Center, 355 W. Center Ave.

May 17 9:00 am Local Mitigation Strategy Working Group


May 17 10:00 am Heartland Library Cooperative 100 N. Museum Avenue, Avon Park May 17 4:00 pm Natural Resources Advisory

Commission (make-up of 4/26/06 meeting)

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

May 18 9:00 am Keep Highlands County Beautiful, Inc. Board of Directors

Children’s Advocacy Center, 1000 S. Highlands Ave.

May 18 9:30 am HC Community Health Improvement Planning Committee


May 18 10:00 am Fiscal Impact Analysis Model (FIAM) Working Group


May 18 2:30 pm Recreation and Parks Advisory Committee


May 18 4:00 pm HC Library Board Sebring Public Library

C. Other meetings: The Heartland Water Alliance will meet on May 19 at 1:00 P.M. in Wauchula at the Hardee County Government Center.

5. CONSENT AGENDA: Motion by Commissioner Maxcy, seconded by Commissioner Jackson, to approve consent agenda as amended, pulling Items O, P, Q, and R from the agenda. Upon roll call, all Commissioners voted aye. Motion carried.

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A. Request approval to pay all duly authorized bills and employee benefits May 16, 2006 General ……………………………………. 353,882.75 County Transportation Trust …………….. 20,596.19 E911 Operations Fund …………………….. 14,225.32

Intergovt Radio Communication …………….. 123.00 Legal Aid …………………………………….. 3,437.27 Local Govt Infra Surtax……….……………20,973.75 Tourist Development Trust Fund ………….. 6,179.70 Comm Development Block …………………. 5,000.00 Affordable Housing Asst …………………… 3,154.82 Hurricane Housing Rec Pro ………………….. 375.00 Building Code Enforcement Fund ……………. 51.95 HCISSRB Construction Fund ……………… 4,500.00 Solid Waste ...……………………………..…26,043.98

Placid Utilities ...…………………………..… 3,636.86 Highway Park Utility ……………………….. 1,403.98 Risk Retention Fund ……………………………… .38 Employee Benefit Fund …………………….…… 1.14 Tax Deed Surplus Fund …………………… 25,475.30

B. Request approval of Satisfaction of Mortgage for Keith A. and Clara S. Williams. See Satisfaction file.

C. Request approval of Satisfaction of Mortgage for Rafael Lozada. See Satisfaction file. D. Request approval of HOME Again Contract with Guardian Community Resource

Management, Inc. See file for copy. E. Request to accept Ms. Erin McCarta’s resignation from the Natural Resources Advisory

Commission, and public notification of an “Environmental” position vacancy on NRAC. See SMB 48 Page 68.

F. Request approval of a Satisfaction of Lien on CE 0207090, 3217 Sonnet Road, Sebring, FL. See Subdivision file.

G. Request approval of a Satisfaction of Lien on CE 03060104, 3217 Sonnet Road, Sebring, FL. See Subdivision file.

H. Request approval of a Satisfaction of Lien on CE 04110132, 3217 Sonnet Road, Sebring, FL. See Subdivision file.

I. Request approval of a Satisfaction of Lien on CE 01080071, 3217 Sonnet Road, Sebring, FL. See Subdivision file.

J. Request approval of a Satisfaction of Lien on CE 02070097, 4617 Granada Ave., Sebring, FL. See Subdivision file.

K. Request approval of a Notice of Nuisance on CE 06010189, 4601 Weeping Willow Ave., Sebring. See Subdivision file.

L. Request approval of an amendment to the Notice of Nuisance on CE 05070128, 3487 E. Old Bombing Range Road, Avon Park, FL. See Subdivision file.

M. Request approval of a Notice of Nuisance on CE 06030072, 4811 Mundell Ave., Sebring, FL. See Subdivision file.

N. Request approval to authorize the board attorney to prepare a draft amendment to the County Ordinance Chapter 8.5 – Solid Waste and schedule a Public Hearing regarding enclosed roll-off waste containers and dumping frequency. See file for copy.

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O. Request approval of Shared Savings Plan Agreement with Client and Energy Saving Systems, Inc. and waiver of bid process for the Agri Civic Center and Sebring Public Library facilities

P. Request approval of Shared Savings Plan Agreement with Client and Energy Saving Systems, Inc. and waiver of bid process for the State Attorney’s Office and Avon Park Public Library facilities

Q. Request approval of Shared Savings Plan Agreement with Client and Energy Saving Systems, Inc. and waiver of bid process for the Health-Building Department, Lake Placid, the Public Library in Lake Placid, and the Tax Office in Lake Placid facilities

R. Request approval of Shared Savings Plan Agreement with Client and Energy Saving Systems, Inc. and waiver of bid process for the Courthouse facility

S. Request approval of the Chastain Skillman, Inc., Consultant Service Authorization No. 8680.18 for Sun’ n Lake Blvd. & Ponce De Leon Blvd. intersection improvements – Project Number 04068. See file for copy.

T. Request approval of the Chastain Skillman, Inc., Consultant Service Authorization No. 8680.19 for Sun’ n Lake Blvd. sidewalk construction – Project Number 05064. See file for copy.

U. Request approval of the Transportation Operational & Safety Improvements Program and budget amendment #05-06-182 allocating funds for said projects

V. Request approval to designate a budget officer. See SMB 48 Page 69. W. Request approval to appoint Susan H. Donaldson as the District One representative to

the Hospital District Board. See SMB 48 Page 70. X. Request approval of a request from the Highlands County Fair Association to waive

dumping fees for waste from a house demolition and construct a parking lot on the site. See SMB 48 Page 71.

Y. Request approval of budget amendment 05-06-181

6. ACTION: Motion by Commissioner Maxcy, seconded by Commissioner Stewart, to set action agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.

A. County Engineer and Margaret Barletto, SFWMD: Presentation and consideration of the Everglades Trail Roadway Signage Project Maintenance Agreement and Resolution authorizing the execution of said Agreement

County Engineer, Ramon Gavarrete, presented the request. Greg Kennedy, representing the Department of Environmental Protection, briefly described the Everglades Trail. Motion by Commissioner Maxcy, seconded by Commissioner Stewart, to adopt the resolution and authorizing the Chairman to execute the agreement with DEP. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 90.

B. Charlotte McHenry, West Central Florida Area Agency on Aging: Request approval to adopt a Proclamation on “Communities For A Lifetime”

Maureen Kelly, Executive Director for the West Central Florida Area Agency on Aging, presented the request, and read the proclamation into the record. Motion by Commissioner Stewart, seconded by Commissioner Jackson, adopt the proclamation, encouraging everyone to make every effort to first evaluate and later remove barriers to create a Community for a Lifetime. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 91.

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C. Robert Saffold, The New Washington Heights Concerned Citizens, Inc.: Discussion of proposed closure of Highlands Avenue/Martin Luther King, Jr. Blvd. for the Parkway Phase II extension

Robert Saffold and James Ahram, representing The New Washington Heights Concerned Citizens, Inc., presented their concerns to the Board on the proposed closure of Highlands Avenue/Martin Luther King Jr. Blvd for the Sebring Parkway Phase II extension, and some possible solutions. Break 9:35 – 9:50 A.M. Public input was received from the following in opposition to the road closure: Mary Toney, Lester Rhinebolt, Ray Napper, Willamae Hall, Walter Lewis, and Ada McGowan. County Administrator, Carl Cool, stated the citizens’ biggest concerns were safety and the accessibility of their neighborhood for emergency services. County Engineer, Ramon Gavarrete, gave a power point presentation, showing the improvements that are proposed to the area with the Parkway extension. Commissioner Bullard stated he felt the community would be both enhanced and beautified by the improvements. Commissioner Maxcy questioned if an overpass could be installed on Highlands instead for pedestrian crossing. Mr. Cool stated the advantages and disadvantages of putting in an overpass. Break 11:15 – 11:27 A.M. Commissioner Stewart requested that the County Administrator contact the City of Sebring, and have them make a presentation to the Board on their plans for improvements in the Washington Heights, and to also invite the residents of Washington Heights to attend.

D. Road & Bridge Superintendent: Request for direction and comments on draft Sidewalk Policy

Road & Bridge Superintendent, Bruce Van Jaarsveld, presented the request. Commissioner Stewart made some suggested language changes to the policy. Chairman Bullard suggested each Board member meet with Staff for any minor typographical errors, and asked the Budget Director to provide the Board with a fiscal impact of this policy. He added that the policy does not give the County the option to tear out damaged sidewalks. Board Attorney, Ross Macbeth, stated the County’s level of responsibility for sidewalks needs to be defined. County Engineer, Ramon Gavarrete, stated language can be added to the policy to include the option to remove sidewalks. Commissioner Jackson stated he could not make an educated decision until some economic studies of the impacts are done. Mr. Cool stated Staff would do a study, and bring back a revised policy for the Board’s consideration at a later date.

E. County Administrator:

1. Request approval of Consultant Services Agreement #8680.10 for the signalization at Scenic Highway and Sebring Parkway, Resolution and Budget Amendment 05-06-184 decreasing fund 151 Reserve for Contingency

County Administrator, Carl Cool, presented the request. Commissioner Stewart inquired about Staff’s progress in pursuing establishing a library of firms. Mr. Cool stated Staff has looked at the projects in the adopted CIP that will need design services. Staff is recommending that the Board wait until after June, when a decision is made on impact fees, which could dramatically change the need, or lack of need, for additional design services. Commissioner Stewart expressed her disagreement with Staff’s recommendation. The Board reached a consensus to start the RFP process of getting additional consulting/engineering firms to be added to the list to be used. Motion by Commissioner Maxcy,

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seconded by Commissioner Stewart, to approve the agreement, resolution, and budget amendment as presented. Upon roll call, all Commissioners voted aye. Motion carried. See file for copy and Res. Book 19 Page 92. 7. WORKSHOP: Workshop on Long Range Transportation Plan County Administrator, Carl Cool, stated the purpose of this workshop is to discuss the Long Range Transportation Plan (LRTP) and the recommendations from the Long Range Transportation Committee (LRTC). The LRTC voted to transmit the LRTP to the Board with a recommendation of approval. They also recommended that a condition be added, stating that the extension of C.R. 635 will not pass into the Golf Hammock subdivision. Development Services Director, Jim Polatty, gave a brief history and background information on the plan and the committee. County Engineer, Ramon Gavarrete, gave a short power point presentation on the different Traffic Levels of Service (LOS) that are used. He also went over the alternate routes that could be used for the extension of C.R. 635. The Chair opened the floor to the public. Richard Morey, Alvin Palz, Warren Hall, Sally Palz, Gene Reese, Lesa Morey, and James Dow all spoke in opposition to the extension being located through the Golf Hammock subdivision. All Commissioners were in support of not running the extension through Golf Hammock. Mr. Cool stated that a resolution could be put on next week’s action agenda for the Board’s consideration, stating that the extension of C.R. 635 will not pass through the Golf Hammock subdivision. Chairman Bullard stated that another workshop needs to be scheduled before adopting the LRTP. See tape for further detail. 8. CITIZENS NOT ON AGENDA: No participants. 9. COMMISSIONERS: No reports. 10. ADJOURN The meeting adjourned at 2:01 P.M.

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Barbara Stewart 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Sheriff Susan Benton. The Pledge of Allegiance was led by Commissioner Edgar Stokes. 3. ANNOUNCEMENTS

A. Clerk No report.

B. Upcoming County meetings were entered into the record by County Administrator, Carl Cool. May 23 10:00 a.m. Public Risk Management Executive Committee 329 E. Main Street, Lakeland May 23 6:00 p.m. County Fair Operations 775 Magnolia Ave. Sebring May 23 6:00 p.m. Joint Workshop Highlands County Board of

County Commissioners with the city of Sebring Council and their Planning and Zoning Commission

600 S. Commerce Ave. Sebring (Boardroom)

May 23 6:00 p.m. Special Meeting of the Highlands County Board of County Commissioners and the City of Sebring City Council

600 S. Commerce Ave. Sebring (Boardroom)

May 24 8:00 a.m 5:00 p.m.

FY 06-07 Budget Workshop 600 S. Commerce Ave., Sebring

May 25 10:00 a.m. Lake Istokpoga Management Committee 368 S. Commerce Ave., Sebring May 25 1:15 p.m. Highlands County Hospital District Board 600 S. Commerce Ave., Sebring

(Boardroom) May 26 8:00 a.m.

5:00 p.m. FY 06-07 Budget Workshop 600 S. Commerce Ave., Sebring

May 30 9:00 a.m. The Impact Fees Steering Committee 505 S. Commerce Ave., Sebring (Engineer’s Training Room)

C. Other meetings: On June 1, the Construction, Licensing, Enforcement, and Appeals Board

will meet at 7 p.m. in the County Commission Boardroom. 4. CONSENT AGENDA: Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to approve consent agenda as amended, removing Item 4-M, to be placed on action agenda. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits May 23, 2006

General ……………………………………. 364,469.38 County Transportation Trust …………….. 95,458.59 E911 Operations Fund ……………………… 1,997.51

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Local Govt Infra Surtax……….…………… 22,409.50 Tourist Development Trust Fund …………... 5,179.19 Comm Development Block ………………… 94,604.92 Affordable Housing Asst ……………………10,500.00 Sebring Parkway Maint ………………………. 100.00 Law Library Trust Fund ……………………… 493.00 Court Tech ………………………………….. 13,211.34 Building Code Enforcement Fund …………. 1,602.20 HCISSRB Construction Fund ………………. 2,917.65 Solid Waste ...……………………………..…210,907.24

Placid Utilities ...…………………………..… 13,074.92 Highway Park Utility ……………………..….. 1,800.16 Risk Retention Fund …………………………… 102.06 Employee Benefit Fund ……………………...…… 2.31

B. Accept into the record Peace River Center for Personal Development, Inc.’s Financial Statements and Independent Auditor’s Reports year ended June 30, 2005

C. Request approval of a Satisfaction of Mortgage for Theodore and Betty Ann McKeithan. See Satisfaction file.

D. Request approval of a Satisfaction of Mortgage for Glen P. and Rose M. Calhoun. See Satisfaction file.

E. Request approval of a Satisfaction of Mortgage for Mark W. Lawrence and Alysen T. Forester. See Satisfaction file.

F. Request approval of the Chastain Skillman, Inc., Consultant Service Authorization No. 8680.22 for design & permitting for gas main to Sebring Airport. See file for copy.

G. Request approval of the Chastain Skillman, Inc., Consultant Service Authorization No. 8680.20 for design & permitting for Tractor Road Project #04029. See file for copy.

H. Request approval and execution of Florida Department of Environmental Protection 2005/2006 Consolidated Small County Solid Waste Grant Agreement. See file for copy.

I. Request approval to reduce EMS bills. See SMB 48 Page 72. J. Request approval to waive County’s two-step Surplus Disposal process, declare indicated

items surplus and allow said surplus to be donated to the Florida Department of Health program called Highlands County Closing the Gap Project. See SMB 48 Page 73.

K. Request approval to waive County’s two-step Surplus Disposal process, declare indicated items Surplus, and allow the transfer of County Fixed Assets to Highlands County Sheriff’s Office. See SMB 48 Page 74.

L. Request approval to waive County’s two-step Surplus Disposal process, declare indicated items Surplus, and allow donation of said Surplus Records Sets 406,4084, 4092, & 4099 to the Nonprofit Organizations known as Friends of the Library and Record Set 4090 to the Rotary Club. See SMB 48 Page 75.

M. Request approval to allow Sun ‘n Lake Improvement District employees to participate in the county health plan so long as the District or affected employees pay the associated premiums

N. Request approval of “Exhibit A” FY 06/07 FDOT Work Orders and a Resolution authorizing the chairman to sign as per approved FDOT State Highway Lighting, Maintenance and Compensation Agreement. See file and Res. Book 19 Page 93.

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O. Request approval of Consultant Service Authorization No. 99 with Chastain Skillman, Inc. to prepare a Water and Wastewater Master Plan for Placid Utilities and budget amendment #05-06-190 with Resolution. See file and Res. Book 19 Page 94.

P. Request approval to reappoint Dr. Catherine P. Cornelius, C. Keith Hunnicutt and Anne Reynolds to the Historic Preservation Commission for another 4 year term ending June 30, 2010. See SMB 48 Page 76.

Q. Request approval to declare county owned land, Parcel – Id: C-14-37-29-300-1990-080 as surplus and grant permission to solicit offers on their sale through the County’s bid process, reference bid ITB 06-051. See SMB 48 Page 77.

R. Request approval of Resolution and budget amendment 05-06-185. See Res. Book 19 Page 95.

11. ACTION AGENDA: Motion by Commissioner Maxcy, seconded by Commissioner Stewart, to set action agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried. C. County Administrator:

3. Request approval of a Resolution for Archbold Biological Station in support of their grant request

Dr. Hilary Swain, representing the Archbold Biological Station, presented the request and read the resolution into the record. Motion by Commissioner Jackson, seconded by Commissioner Stokes, to adopt the Resolution in support of the Archbold Biological Station in requesting Special Category Grant funding from the Division of Historical Resources. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 96.

A. County Engineer with Tim Gibson and Birgit Goddemaer, DLR Group: Presentation of Highlands County Sheriff’s Office Needs Assessment Preliminary Findings

Sheriff Susan Benton gave a brief summary on the results from the Needs Assessment that was conducted for the Sheriff’s office. Tim Gibson, representing DLR Group, gave a presentation on the preliminary findings from the study. 5. PUBLIC HEARING: Request approval of a Notice of Lien on CE 02080046, 3246

Redwater Drive, Avon Park, FL This item has been pulled from the agenda. 6. PUBLIC HEARING: Request approval of a Notice of Lien on CE 05090116, 4008 Briaridge

Circle, Sebring, FL Code Enforcement Officer, Tommy Turnbull, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Maxcy, to approve placing a lien on the property as described. Upon roll call, all Commissioners voted aye. Motion carried. See Subdivision file. 7. PUBLIC HEARING: Request approval of a Notice of Lien on CE 05060064, 2241 W. Snell

Road, Avon Park, FL Code Enforcement Officer, Tommy Turnbull, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Maxcy, to approve placing a lien on the property as described. Upon roll call, all Commissioners voted aye. Motion carried. See Subdivision file.

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8. PUBLIC HEARING: Request to consider a motion to adopt a Resolution to vacate the Southerly 7.50 feet of Lot 8 and the Northerly 7.50 feet of Lot 9, Block 741, of Sun ‘n Lake Estates of Sebring Unit 15 R1, according to the Plat thereof as recorded in Plat Book 15, Page 64, being a 1989 Replat of Unit 15 as recorded in Plat Book 15, Page 40, both of the Public Records of Highlands County, Florida, less and except the Easterly 10.00 feet thereof

County Engineer, Ramon Gavarrete, presented the request. Motion by Commissioner Maxcy, seconded by Commissioner Stewart, to adopt the resolution vacating the easement as described. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 97. 9. PUBLIC HEARING: Request to consider a motion to adopt a Resolution to vacate the North

10.00 feet of Lot 7, Block 20, Placid Lakes, Section Nineteen, according to the Plat thereof as recorded in Plat Book 9, Page 14 of the Public Records of Highlands County, Florida, the South 10.00 feet of Lot 7, Block 20, Placid Lakes, Section Nineteen, according to the Plat thereof as recorded in Plat Book 9, Page 14 of the Public Records of Highlands County, Florida

County Engineer, Ramon Gavarrete, presented the request. Motion by Commissioner Maxcy, seconded by Commissioner Stewart, to adopt the resolution vacating the easement as described. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 98. 10. PUBLIC HEARING: Public Hearing for proposed Zoning Changes, Small Scale Plan

Amendments and the first Public Hearing regarding proposed Text Amendments (LDR’s). Proof of Publication for the following hearings were entered into the record. See Proof of Pub. Ord Book 4 Page 5.

HEARING #1853 – FLAMINGO PROPERTIES, LLC - C/O CLIFFORD R. RHOADES Approximately 5 acres located on the East shore of Little Lake Jackson on Tubbs Road, and abbreviated legal as follows: Approximately 5 acres located in Sec. 6, Twp. 35S, Rge. 29E, Highlands County, Florida. Request: A zoning change from AU (Agricultural) to R-3 (Multiple Dwelling district.) Applicant desires to construct multi-family residential.

Development Services Director, Jim Polatty, presented the request. County Administrator, Carl Cool, gave a brief history of the property, and the adjacent canal. Cliff Rhoades, representing the applicant, stated his client would like to amend the request to allow for up to 50 units on the property, and would commit to tie into city water and sewer service. Commissioner Stewart stated that additional information is needed, and made a motion to deny P&Z Hearing #1853. Commissioner Maxcy seconded the motion. Commissioner Jackson suggested tabling the request. Board Attorney, Ross Macbeth, stated the hearing could be tabled to a date and time certain. Mr. Rhoades requested to table the hearing for 60 days. Commissioner Stewart withdrew her motion. Commissioner Maxcy withdrew his second. Motion by Commissioner Jackson, seconded by Commissioner Stokes, to table P&Z Hearing #1853 until July 25, 2006 at 9:00 a.m., or as soon thereafter as possible, in the County Commission Boardroom. Upon roll call, all Commissioners voted aye. Motion carried.

HEARING # #CPA-06-384SS - FERN & FERN CORP. – C/O YUDITH FERNANDEZ Three 1/4 acre Lots on West Circle Street located West of U.S. 27 and North of S.R. 64, West of the City of Avon Park, and abbreviated legal as follows: Approximately .66 acres located in Sec. 21, Twp. 33S, Rge. 28 E, Highlands County, Florida. Request: A small scale plan amendment from “Medium Density Residential” to “High Density Residential.”

HEARING #1843 - FERN & FERN CORP. – C/O YUDITH FERNANDEZ

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Legal description as stated above (Item # 2A.) Request: A zoning change from M-1-S (Mobile Home and Residential Subdivisions district) to R-3 (Multiple Dwelling district). Applicant desires to operate a Christian school.

Development Services Director, Jim Polatty, presented the request. Yudith Fernandez, petitioner, briefly explained the request. Motion by Commissioner Stewart, seconded by Commissioner Stokes, in accordance with the Planning and Zoning Commission move to deny CPA-06-384SS amending the Future Land Use Map for 0.66 acres from Medium Density Residential to High Density Residential and deny P&Z 1843 changing the Zoning Atlas for 0.66 acres from M-1-S (Mobile Home and Residential Subdivisions district) to R-3 (Multiple Dwelling district.) Upon roll call, all Commissioners voted aye. Motion carried. Break 11:43 – 11:55 A.M.

HEARING #CPA-06-391SS – RICHARD L. PERCY, RICHARD W. HALL JR., AND ROBERT F. FREELAND – C/O RICK WHIDDEN Approximately .7 acres on the East side of Sparta Road, North of the intersection of Schlosser Road, and abbreviated legal as follows: Approximately 0.7 acres located in Sec. 5, Twp. 35S, Rge. 29E, Highlands County, Florida. Request: A small scale plan amendment from “Medium Density Residential” to “Commercial”. HEARING #1850 – RICHARD L. PERCY, RICHARD W. HALL JR., AND ROBERT F. FREELAND – C/O RICK WHIDDEN Legal description as stated above (Item # 7A.) Request: A zoning change from R-1 (Residential district) to B-3 (Business district). Applicant desires expansion of existing communications business.

Development Services Director, Jim Polatty, presented the request. Commissioner Maxcy declared a conflict of interest due to the applicant being a client of his corporation. A Memorandum of Voting Conflict was entered into the record. See SMB 48 Page 78. Rick Whidden, representing the applicant, briefly explained the request, adding that they would agree to a transitional yard on the east and south side, and putting a conditional use on the property, restricting it to only those uses needed for their communications business. Motion by Commissioner Stewart, seconded by Commissioner Stokes, in accordance with the Planning and Zoning Commission, move to approve and adopt by Ordinance CPA-06-391SS amending the Future Land Use Map for 0.7 acres from Medium Density Residential to Commercial, including the conditions as listed below, and adopt by Resolution P&Z 1850 changing the Zoning Atlas for 0.7 acres from R-1 (Residential district) to B-3 CU (Business district with Conditional Use), referencing the mandatory findings and transmitting CPA-06-391SS to the Department of Community Affairs for their compliance determination, and becoming effective as provided by law. Upon roll call, all Commissioners voted aye, except Commissioner Maxcy, who abstained. Motion carried. See Res. Book 19 Page 99.

FUD CONDITIONS: 1. Central water service is to be provided to the property. 2. Public central wastewater is to be provided to the property upon notification of availability. 3. The Applicant shall dedicate additional rights-of-way as required by the County Engineer in order to meet the requirements of the Long Range Transportation Plan, the Land Development Regulations, the Highlands County Technical Standards Manual and the Capital Improvement Program at the time of development. 4. The property shall be considered as a single project for purposes of development review and approval for all purposes under County Codes.

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HEARING #CPA-06-392SS – ANTHONEEL C. ALLEN – C/O RICK WHIDDEN Approximately 3.7 acres on the North side of U.S. 27 across from Florida Hospital in Lake Placid, and abbreviated legal as follows: Located in Sec. 25, Twp. 36S, Rge. 29E, Highlands County, Florida. Request: A small scale plan amendment from “Agriculture” to “Commercial”. HEARING # 1857 - ANTHONEEL C. ALLEN – C/O RICK WHIDDEN Legal description as stated above (Item # 8A.) Request: A zoning change from AU (Agricultural) to B-3 (Business district). Applicant desires to construct an assisted living facility.

Development Services Director, Jim Polatty, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Jackson, in accordance with the Planning and Zoning Commission move to approve and adopt by Ordinance CPA-06-392SS amending the Future Land Use Map for 3.7 acres from Agriculture to Commercial, including the conditions as listed below, and adopt by Resolution P&Z 1857 changing the Zoning Atlas for 3.7 acres from AU (Agricultural) to B-3 (Business district), referencing the mandatory findings and transmitting CPA-06-392SS to the Department of Community Affairs for their compliance determination, and becoming effective as provided by law. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 100.

FUD CONDITIONS: 1. Central water and central wastewater are to be provided to the property. 2. The Applicant shall dedicate additional rights-of-way as required by the County Engineer in order to meet the requirements of the Long Range Transportation Plan, the Land Development Regulations, the Highlands County Technical Standards Manual and the Capital Improvement Program at the time of development. 3. The property shall be considered as a single project for purposes of development review and approval for all purposes under County Codes.

HEARING #1858 – RONALD & REBECCA MAPLES 13 RV spaces in Sunny Pines Mobile Home Park East of U.S. 27 across from the Lake Shore Mall, and abbreviated legal described as follows: Approximately .459 acres located in Sec. 26, Twp. 34S, Rge. 28E, Highlands County, Florida. Request: A zoning change from CG-1 (Campground district) to M-2 (Mobile Home Parks district).

Development Services Director, Jim Polatty, presented the request. Motion by Commissioner Jackson, seconded by Commissioner Maxcy, in accordance with the Planning and Zoning Commission move to approve and adopt by Resolution P&Z 1858 changing the Zoning Atlas for 0.48 acre from CG-1 (Campground district) to M-2 (Mobile Home Parks), referencing the mandatory findings and becoming effective as provided by law. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 101.

HEARING #1859 – SEBRING LAKESIDE GOLF RESORT, INC. – C/O RICK WHIDDEN Approximately 5.13 acres located on the North side of Sebring Parkway across from Jackson Heights Subdivision, and abbreviated legal as follows: Approximately 5.13 acres located in Sec. 13, Twp. 34S, Rge. 28E, Highlands County, Florida. Request: A zoning change from R-1A (Residential district) to R-3 FUD (Multiple Dwelling district with a Flexible Unit Development). Applicant desires to construct duplex villas.

Development Services Director, Jim Polatty, presented the request. Commissioner Maxcy declared a conflict of interest, due to the applicant being a client of his corporation. A Memorandum of Voting Conflict was entered into the record. See SMB 48 Page 79. Mark Baker, applicant, briefly explained the request. Cliff Ables, representing the applicant, spoke in support of the request. Lowell Baker

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also spoke in support of the request. Public input was received in opposition to the request from the following: Jimmy Hagel, Tom Loveless, Norma Crooks, Charlotte Mann, Chuck Ullman, Jim Kelly, Bob Hoffman, Debbie Hagel, Howard Hartman, Randy Morris, Freda Hoffman, Robert Clark, Tom Ramsey, Mary Loveless, and Mike Sayre. Motion by Commissioner Stokes, seconded by Commissioner Stewart, in accordance with the Planning and Zoning Commission move to deny P&Z 1859 changing the Zoning Atlas for 5.13 acres from R-1A (Residential district) to R-3 FUD (Multiple Dwelling district with a Flexible Unit Development). Upon roll call, all Commissioners voted aye, except Commissioner Maxcy, who abstained. Motion carried. Break 2:05 – 2:10 P.M.

HEARING #1860 – BHRGU AVON PROPERTIES, LLC (VP) Approximately 0.75 acres located on the South side of S.R. 64 at the intersection of Cole Road East of Avon Park, and legally described as follows: The North 150 feet of the West 6 feet of Lot 19 and the North 150 feet of Lot 20 and All of Lots 21, 22, 23, and 24, Block D, West AP-MAHAN SYNDICATE, as recorded in Plat Book 2, Page 68A, of the Public Records of Highlands County, Florida. Request: A zoning change from B-2 (Limited Business district) to B-3 (Business district).

Development Services Director, Jim Polatty, presented the request. Jim Wood, representing the applicant, briefly explained the request. Motion by Commissioner Maxcy, seconded by Commissioner Jackson, in accordance with the Planning and Zoning Commission move to approve and adopt by Resolution P&Z 1860 changing the Zoning Atlas for 0.75 acres from B-2 (Limited Business district) to B-3 (Business district), referencing the mandatory findings and becoming effective as provided by law. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 102.

PUBLIC HEARING: Zoning and LDR Text Amendments Development Services Director, Jim Polatty, presented the request. Motion by Commissioner Stokes, seconded by Commissioner Jackson, in accordance with the Planning and Zoning Commission move to approve and adopt by Ordinance the Zoning and LDR Text Amendments. Upon roll call, all Commissioners voted aye. Motion carried.

11. ACTION: Motion by Commissioner Stokes, seconded by Commissioner Jackson, to set action agenda as amended. Upon roll call, all Commissioners voted aye. Motion carried.

A. County Engineer with Tim Gibson and Birgit Goddemaer, DLR Group: Presentation of Highlands County Sheriff’s Office Needs Assessment Preliminary Findings

B. Clerk’s Finance Officer: Presentation of Interim Financial Report of Key Operating

Performance Measures as of March 31, 2006 Finance Officer, Pam Cross, presented the Interim Financial Report of Key Operating Performance Measures for the Board of County Commissioners as of March 31, 2006. An Interim Financial Report of the Emergency Medical Services Key Operating Performance Measures as of March 31, 2006 was also given. See Clerk’s Financial Reporting file.

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C. County Administrator: 1. Request approval of a Resolution publicly stating that no lands from Golf Hammock

Subdivision are to be considered by the County for the right-of-way of a possible extension of CR-635

County Administrator, Carl Cool, presented the request. Commissioner Stewart suggested some language changes. Motion by Commissioner Maxcy, seconded by Commissioner Stewart, to approve the resolution as amended. Upon roll call, Commissioners Maxcy and Stewart voted aye. Commissioners Stokes, Jackson and Bullard voted nay. Motion failed. Motion by Commissioner Jackson, seconded by Commissioner Stokes, to approve the resolution as originally submitted. Upon roll call, all Commissioners voted aye, except Commissioners Stewart and Maxcy, who voted nay. Motion carried. See Res. Book 19 Page 103.

2. Request approval of budget amendment 05-06-186 decreasing the Reserve for Contingency and Addendum 1 to the Highlands County Impact Fee Study Consultant Contract for the proposed Highlands County Proportionate Fair Share Ordinance

County Administrator, Carl Cool, presented the request. Motion by Commissioner Maxcy, seconded by Commissioner Stewart, to approve the request as stated. Upon roll call, all Commissioners voted aye. Motion carried.

3. Request approval of a Resolution for Archbold Biological Station in support of their grant request

4. Request approval to allow Sun ‘n Lake Improvement District employees to participate

in the county health plan so long as the District or affected employees pay the associated premium

County Administrator, Carl Cool, presented the request. Commissioner Stewart questioned why this was being done, and the impact it could have. Human Resources Director, Fred Carino, stated that adding the Sun’n Lake Improvement District employees would have no statistical impact on the County’s claims or health plan. Commissioner Bullard inquired whether this would be on a year to year basis, and if the County would have the right to terminate at any time. Mr. Carino stated either the County of the District would be able to give notice to terminate at any time. Commissioner Stokes stated that the Insurance Committee is recommending approval of this request. Motion by Commissioner Stokes, seconded by Commissioner Jackson, to approve allowing Sun’n Lake Improvement District employees to participate in the County health plan, so long as the District of affected employees pay the associated premiums. Upon roll call, all Commissioners voted aye, except Commissioner Stewart, who voted nay. Motion carried. See file for copy. 12. CITIZENS NOT ON AGENDA Lesa Morey requested the Board set a deadline if Staff continues to pursue the C.R. 635 extension issue. 13. COMMISSIONERS: Commissioner Stewart reported on the Heartland Water Alliance meeting she attended last Friday. 14. ADJOURN The meeting adjourned at 3:51 P.M.

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REGULAR MEETING OF THE BOARD JUNE 6, 2006 1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at


Bob Bullard Rick Helms Edgar Stokes Bob Jamison


Commissioner Maxcy was absent from the meeting. 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Commissioner Andrew Jackson. The Pledge of Allegiance was led by Joe Workman, of the Elks Veterans Committee. 3. Call for “Citizens not on the agenda” forms to be turned in

4. ANNOUNCEMENTS

A. Clerk Deputy Clerk, Bob Jamison, presented a report of Monthly Report of Business Services for May 2006 as provided by the Highlands County Clerk of Courts, L.E. “Luke” Brooker. See SMB 48 Page 80.

B. Upcoming County meetings were entered into the record by Assistant County Administrator, Rick Helms.

June 6 3:00 pm Highlands Soil and Water Conservation District

Agri-Civic Center, Conference Rm. 3 4509 George Blvd, Sebring

June 7 9:00 am Impact Fee Steering Committee Engineers Training Room, 505 S. Commerce Ave., Sebring

C. Other meetings: The Peace River Basin Board will meet on June 9 at 9:30 a.m. at the Bartow

Service Office in Bartow. The Executive Committee for the IDA/EDC will meet on June 12 at 8 a.m. at 2113 U.S. 27 South in Sebring. The Highlands County Homeowners Association will meet on June 12 at 9 a.m. at 3240 Grand Prix Drive in Sebring Country Estates.

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

A. Request approval to pay all duly authorized bills and employee benefits June 06, 2006 General ……………………………………. 2,788,680.93 County Transportation Trust ………………. 10,324.57 E911 Operations Fund ……………………….... 7,110.45

Conservation Trust Fund ……………………….. 100.00 Intergovt Radio Communications ……………16,890.78 Law Enforcement Education ………………... 11,349.05 Local Govt Infra Surtax……….………………27,662.19 Tourist Development Trust Fund …………….. 8,873.78 Comm Development Block ……………………14,666.07

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Special Law Enforcement ……………………... 9,731.80 Sebring Parkway Maint …………………………. 850.00 Court Tech ……………………………………… 2,813.50 Building Code Enforcement Fund …………….. 4,913.11 HCISSRB Construction Fund ……………………350.00 Solid Waste ...………………………………… 104,900.08

Placid Utilities ...…………………………………1,945.80 Highway Park Utility ……………………..……….. 17.76 Tax Deed Surplus Fund ………………………..… 967.04 Highlands Hosp Pass Thru …………………..… 8,579.34 Payment of bills and employee benefits was authorized on May 30, 2006 for $452,380.63.

B. Request approval of board minutes for May 9, May 16, May 23, 2006 C. Request approval to re-appoint John Clark and Peter McDevitt to the Community

Redevelopment Agency. See SMB 48 Page 81. D. Request approval to appoint Patricia Ann Katsanis to the Hospital District Board as

representative for District Four. See SMB 48 Page 82. E. Request approval of a Notice of Nuisance on CE 06040050, 3719 Hoyt Avenue, Sebring.

See Subdivision file. F. Request approval of a Notice of Nuisance on CE 06020019, 1780 N. Fonda Road, Avon

Park. See Subdivision file. G. Request approval of a Notice of Nuisance on CE 06040011, 4637 Cadagua Drive, Sebring.

See Subdivision file. H. Request approval of a Notice of Nuisance on CE 05120013, 17400 Broadland,

Okeechobee. See Subdivision file. I. Request approval of a Notice of Nuisance on CE 06010192, 6021 Praise Avenue, Sebring.

See Subdivision file. J. Request approval of a Notice of Nuisance on CE 04100109, 8020 CR 635, Sebring. See

Subdivision file. K. Request approval of a Satisfaction of Lien on CE 05110052, 3013 Wallace Drive, Sebring.

See Subdivision file. L. Request approval of Release of Nuisance on CE 02080046, 3246 Red Water Drive, Avon

Park. See Subdivision file. M. Request approval of Satisfaction of Mortgage for Roznick L. Williams. See Satisfaction

file. N. Request approval of Satisfaction of Mortgage for Richard E. Larkin. See Satisfaction

file. O. Request approval of Satisfaction of Mortgage for Deborah A. Scali. See Satisfaction file. P. Request approval of a Resolution approving the issuance by the Highlands County

Health Facilities Authority of its Revenue Bonds (Adventist Health System/Sunbelt). See Res. Book 19 Page 104.

Q. Request approval to use Highlands County facilities as polling locations for the 2006 election cycle on September 5 and November 7, 2006. See SMB 48 Page 83.

R. Accept into the record the Salvation Army Correctional Services NCT Group CPA Audit Fiscal Period 10/1/04-9/30/05. See file for copy.

S. Request approval of April 2006 court-related funds revenue and expenditures. See SMB 48 Page 84.

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T. Request approval of grant application and distribution letter for federal fiscal year 2005 Edward Byrne Memorial Justice Assistance Grant.

U. Request approval of Reflections on Mirror Lake, a replat of lot 1, Fish Hawk Reserve, plat book 16, page 65 Section 7 Township 37S range 30 east

V. Request approval of Hickory Ridge Estates, a replat of lot 1 of Zodiac Subdivision, plat book 12, page 41 section 13 township 35 south range 29 east

W. Request approval of Heartland Commercial Park (replat Sun ‘N Lakes Sebring unit 23, block 476, plat book 10 page 28) section 26 township 34 south range 28 east

X. Request approval of Resolutions and budget amendments 05-06-197; 199; 206; 207. See Res. Book 19 Page 105.

Y. Request approval of budget amendments 05-06-189; 195; 201; 202; 205

6. ACTION: Motion by Commissioner Stokes, seconded by Commissioner Stewart, to set agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.

A. Zoning Supervisor: 1. Request to accept the resignation of Charles Brandon Jones from the Planning &

Zoning Commission and appoint a new alternate member to the Board of Adjustment, Planning and Zoning Commission and the Local Planning Agency and appoint a regular member for the remainder of Mr. Jones’s term

Development Services Director, Jim Polatty, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to accept the resignation of Charles Brandon Jones, and appoint John Bock as a new full member, and Rick Ingler as a new alternate member to the Board of Adjustment, Planning and Zoning Commission, and the Local Planning Agency. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 48 Page 85.

2. Recognition and Resolution for Charles Brandon “C.B.” Jones for his years of service to the citizens of Highlands County

Chairman Bullard read the resolution into the record. Motion by Commissioner Jackson, seconded by Commissioner Stokes, honoring Charles Brandon “C.B. Jones for his 24 years of service to the citizens of Highlands County. Upon roll call, all Commissioners voted aye. Motion carried. Chairman Bullard presented Mr. Jones with a plaque, in recognition of his outstanding and dedicated service of 24 years on the Highlands County Planning and Zoning Commission, Board of Adjustment, and Local Planning Agency. See Res. Book 19 Page 106.

B. Sheriff and Florida Fish and Wildlife Conservation Commission: Presentation on Airboat

Sound Reduction Sheriff Susan Benton, along with Capt. Randy Mullins of with the Florida Fish and Wildlife Conservation Commission, gave a power point presentation on the Proposed Enforcement Protocol and Educational Effort relating to Airboat Sound Reduction. Public input was received from Gabriel Reed, Pam Holt, Leroy Russell, and Jim Worley. See SMB 48 Page 86.

C. County Administrator: Request approval of Budget Amendment 05-06-192 decreasing fund 005 Reserve for Contingency

Assistant County Administrator, Rick Helms, presented the request. Motion by Commissioner Jackson, seconded by Commissioner Stokes, to approve the budget amendment as presented. Upon roll call, all Commissioners voted aye. Motion carried.

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7. CITIZENS NOT ON AGENDA: David Perkins spoke on the proposed extension of C.R. 635. 8. COMMISSIONERS: Commissioner Bullard announced that he will not be seeking re-election at the end of his term in November. 9. ADJOURN The meeting adjourned at 10:03 A.M.

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Barbara Stewart 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Commissioner Barbara Stewart. The Pledge of Allegiance was led by Commissioner Edgar Stokes. 3. ANNOUNCEMENTS

A. Clerk Deputy Clerk, Bob Jamison, presented a report of Weekly Report of Court Services for the week ended June 9, 2006 as provided by the Highlands County Clerk of Courts, L.E. “Luke” Brooker. See SMB 48 Page 88.

B. Upcoming County meetings were entered into the record by County Administrator, Carl Cool. June 13 3:00 pm Zoning Board of Adjustment 600 S. Commerce Ave., Sebring June 13 3:00 pm P&Z and Local Planning Agency 600 S. Commerce Ave., Sebring June 14 7:30 am IDA/EDC Board of Directors 2113 US 27 South, Sebring June 14 11:30 am Heartland Rural Network, Inc. 19 East Main Street, Avon Park June 14 10:00 am Highlands County Community Safety Team 4509 George Blvd., Sebring June 14 2:00 pm Veterans Advisory Board 7205 S. George Blvd., Sebring June 15 9:30 am Highlands County Community Health

Improvement Planning Committee 7205 S. George Blvd., Sebring

June 16 2:00 pm Natural Resources Advisory Commission (NRAC)

501 S. Commerce Ave., Sebring

June 19 10:00 am Florida’s Heartland REDI, Inc and Florida Freshwater Frontier

4509 George Blvd., Sebring

C. Other Meetings: The Central Florida Regional Planning Council will meet on June 14 at 9:30

am at the Desoto County Commission Chambers. The Okeechobee Coalition will meet on June 15 at 10 am at the Okeechobee County Commission Chambers.

4. CONSENT AGENDA: Motion by Commissioner Stokes, seconded by Commissioner Maxcy, to approve agenda as amended, pulling Resolution and Budget Amendment #05-06-219 from Item 4-P, to be placed on action agenda. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits June 13, 2006 General ……………………………………… 176,028.03 County Transportation Trust ………………. 41,168.96 E911 Operations Fund …………………………….. 9.38

Intergovt Radio Communications …………….. 7,000.00 Legal Aid …………………………………………3,437.27

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Local Govt Infra Surtax……….…………….. 229,354.85 Tourist Development Trust Fund ……………….. 471.11 Affordable Housing Asst ………………………. 1,705.00 Home Initiatives Partner ………………………. 5,280.00 Hurricane Housing Rec Pro ………………………375.00 Sebring Parkway Maint ………………………….. 100.00 Law Library Trust Fund ………………………….. 78.00 Court Tech ……………………………………… 1,610.00 Building Code Enforcement Fund …………….. 6,716.10 Solid Waste ...………………………………….. 10,148.94

Placid Utilities ...…………………………………. 644.92 Highway Park Utility …………………………….. 102.75 Risk Retention Fund …………………………. 332,698.44 Employee Benefit Fund ……………………………. 14.07

B. Request approval of Satisfaction of Mortgage for Delia I. Colon, Angelo M. Rodriguez and Blanca I. Colon. See Satisfaction file.

C. Request approval of Satisfaction of Mortgage for Jose E. and Miriam Martinez. See Satisfaction file.

D. Request approval of Satisfaction of Mortgage for Tara-Leigh Watson. See Satisfaction file.

E. Request approval to accept into the record a Special Warranty Deed from the Town of Lake Placid to Highlands County representing the property requested for the expansion of EMS.

F. Request approval of Shared Savings Plan Agreement with Client and Energy Saving Systems, Inc. and waiver of bid process for the Agri-Civic Center and Sebring Public Library facilities. See file for copy.

G. Request approval of Shared Savings Plan Agreement with Client and Energy Saving Systems, Inc. and waiver of bid process for the State Attorney’s Office and Avon Park Public Library facilities. See file for copy.

H. Request approval of Shared Savings Plan Agreement with Client and Energy Saving Systems, Inc. and waiver of bid process for the Health-Building Department, Lake Placid, the Public Library in Lake Placid, and the Tax Office in Lake Placid facilities. See file for copy.

I. Request approval of Shared Savings Plan Agreement with Client and Energy Saving Systems, Inc. and waiver of bid process for the Courthouse facility. See file for copy.

J. Request approval to declare County Property as surplus, waive two-step Surplus Disposal process, and allow said Surplus to be disposed of by utilizing our contract with GovDeals as Internet Auction service company. See SMB 48 Page 89.

K. Request approval of a Notice of Nuisance on CE 0512009, 1234 E.O. Douglas Ave., Sebring, FL. See Subdivision file.

L. Request approval to release a Notice of Nuisance on CE 05060064, 2241 W. Snell Rd., Avon Park, FL. See Subdivision file.

M. Request approval to release a Notice of Nuisance on CE 93-111, 615 N. Riverdale Rd., Avon Park, FL. See Subdivision file.

N. Request approval of a Satisfaction of Lien on CE 93-111, 615 N. Riverdale Rd, Avon Park, FL. See Subdivision file.

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O. Request approval of Budget Amendment 05-06-213 P. Request approval of Resolutions and Budget Amendments 05-06-208, 219. See Res. Book

19 Page 107. 5. ACTION: Motion by Commissioner Maxcy, seconded by Commissioner Stewart, to set action agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.

A. Chairman Bullard: Request approval to present Proclamation in recognition of Phil Attinger’s faithful service to the citizens of Highlands County

Chairman Bullard presented the request and read the Proclamation into the record. Motion by Commissioner Jackson, seconded by Commissioner Stokes, to adopt the Proclamation, commending Phil Attinger, reporter for The News-Sun for his faithful service to the citizens of Highlands County. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 108.

B. Darrel Koranda: Request approval of a Resolution to declare the week of June 19-26 as

Amateur Radio Week County Administrator, Carl Cool, presented the request and read the resolution into the record. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to adopt the Resolution, proclaiming the week of June 19-26, 2006 as Amateur Radio Week. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 109.

C. Request approval of Resolution and Budget Amendment 05-06-219 and Interlocal Agreement with the City of Sebring

County Administrator, Carl Cool, presented the request. Commissioner Stewart stated the agreement does not reflect what would happen if the City receives grant funding. Commissioner Bullard added that the agreement needs to be amended to include that the County would share in any grant proceeds, and that the County’s match would not exceed $212,500. Board Attorney, Ross Macbeth, made some suggested language changes. Motion by Commissioner Stokes, seconded by Commissioner Jackson, to approve the resolution and budget amendment, and the Interlocal Agreement with the City of Sebring, as amended. Upon roll call, all Commissioners voted aye. Motion carried. See file and Res. Book 19 Page 110. 6. WORKSHOP: Proposed Impact Fees Bob Wallace, representing Tindale-Oliver & Associates, Inc., gave a presentation on the impact fee study that was done for Highlands County, outlining the different program areas and the methodology used to determine the fees for each area. Chairman Bullard stated there are issues that have yet to be addressed, adding that there is the possibility of amortizing the impact fees over a period of years for commercial development. Break 10:30 – 10:55 A.M. Public input was received from the following: Von Whitesides, Doug Walz, Tim Blackman, Gregory Arnone, Gabriel Reed, Don Linton, Selma Sweeney, Steve Fruit, Michael Anastacia, George Hensley, Norm Walz, John Harding, Jason Hornick, Martile Blackman, Dave McCowan, Arlan Sapp, Theresa Whidden, Don Polston, Bill Chen, Ed Vowels, Ronnie Carter, Fred Keiber, Jeff Parker, John Borgemeister, Kelsey Payne, Lew Carter, Michael Ritacco, and Dale Polston. Commissioner Stewart stated the Board needs to take a conservative approach. Commissioners Maxcy and Stokes stated the

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need for more time and information before making a decision. Commissioner Jackson stated the County needs to move forward with implementing impact fees. Commissioner Bullard suggested pulling adoption of the ordinance off of the June 27 agenda, and hold a workshop on the ordinance instead, then hold a public hearing on July 25 to adopt the ordinance. 7. COMMISSIONERS: Commissioner Stokes reminded everyone to fly their flags tomorrow for “Flag Day”. 8. ADJOURN The meeting adjourned at 1:54 P.M.

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Barbara Stewart 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Commissioner Andrew Jackson. The Pledge of Allegiance was led by Board Attorney, Ross Macbeth. 3. Call for “Citizens not on the agenda” forms to be turned in 4. ANNOUNCEMENTS

A. Clerk No report.

B. Upcoming County meetings were entered into the record by County Administrator, Carl Cool. June 22 10:00 am Lake Istokpoga Management

Committee Ag-Center, #3, 4509 George Blvd.

June 22 2:30 pm Recreation and Parks Advisory Committee


June 26 8:00 am HC Lakes Association Tourist Tax Projects Committee

4344 George Blvd.

C. Other meetings:

5. CONSENT AGENDA: Motion by Commissioner Jackson, seconded by Commissioner Maxcy, to approve agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits June 20, 2006 General ………………………………………. 436,133.38 County Transportation Trust ……………….. 22,984.58 E911 Operations Fund ……………………….. 14,413.92

Intergovt Radio Communications …………… 17,308.80 Local Govt Infra Surtax……….……………… 97,253.06 Tourist Development Trust Fund ……………... 8,397.03 Community Development Block ………………. 1,175.04 Affordable Housing Asst ………………………. 7,246.93 Fire Inspection ……………………………………. 35.27 Sebring Parkway Maint …………………………. 300.00 Court Tech …………………………………….. 13,003.06 Building Code Enforcement Fund …………… 43,184.93 HCISSRB Construction Fund ……………………161.70

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Solid Waste ...………………………………….. 30,011.79 Placid Utilities ...……………………………….. 6,213.03 Highway Park Utility …………………………….. 723.44 Highlands Hosp Pass Thru …………………….. 4,289.67

B. Request approval to accept the resignation of Jeanette Shaw from the Lake Istokpoga

Management Committee and to appoint Gary Albin (formerly an alternate) to fill her position as a full voting member. See SMB 48 Page 90.

C. Request approval of a Release of Nuisance on CE 05090116, 4008 Briaridge Circle, Sebring. See Subdivision file.

D. Request approval of a Notice of Nuisance on CE 05090137, 175 Richfield Drive, Lake Placid, FL. See Subdivision file.

E. Request approval of a Notice of Nuisance on CE 05070052, 125 Blue Fish Drive, Sebring, FL. See Subdivision file.

F. Request approval of the 2007 holiday schedule. See SMB 48 Page 91. G. Request approval of the Joint Project Agreement with the Florida Department of

Transportation FM# 4103, landscaping at US 27 and Sun ‘n Lake Boulevard. See file for copy.

H. Request approval to re-appoint Christy Burrows to the Highlands County Health Facilities Authority for a 4 year term to expire on July 2, 2010 representing District 5. See SMB 48 Page 92.

I. Request approval of budget amendments 05-06-215; 220 J. Request approval of Resolutions & budget amendments 05-06-216 & 222. See Res. Book

19 Page 111.

6. PUBLIC HEARING: To consider the purchase of a portion of 529 E. Center Avenue, Sebring, FL, 33870 for Sebring Parkway Phase II, Project #01101

Land Acquisition Manager, Kathy Avirett, presented the request and entered the Proof of Publication into the record. Motion by Commissioner Stokes, seconded by Commissioner Jackson, to approve the Contract for Sale and Purchase Agreement for a portion of 529 E. Center Avenue, Sebring, for Sebring Parkway Phase II. Upon roll call, all Commissioners voted aye. Motion carried. See file for copy.

7. WORKSHOP: Workshop on proposed Parking Ordinance (of interest to Lake Denton

residents) Board Attorney, Ross Macbeth, presented the Board with a revised draft of the Parking Ordinance, which includes changes made after discussions with representatives from the Sheriff’s Office and the Clerk’s Office. He pointed out the changes that have been made since the last draft. Mike Durham, Legal Counsel for the Sheriff’s Office, stated the Sheriff would rather see the citations handled by the Clerk’s office. Mr. Macbeth stated the Clerk’s office does not feel they can do that through the court functions because of Article V. Bob Jamison, Senior Director of Business Services for the Clerk stated that pursuant to Article V, the Clerk’s office is required to forward collected funds to the State, unless there is a statutory provision to break it out some other way. The mechanism is in place to collect traffic citations, but the problem is dealing with who is going to get the money. Public input was received from Rick Ingler and David Simpson. Commissioner Bullard stated this ordinance is only one part of dealing with the problems at Lake Denton. Staff was instructed to schedule a public hearing in July for adoption of the ordinance. See tape for further detail. Break 11:00 – 11:15 A.M.

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8. ACTION: Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to set action agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.

A. Mr. Robert Delacruz, 3-D Waste: Request to obtain certification card for collecting construction and demolition debris in Highlands County

County Administrator, Carl Cool, presented the request. Assessment Coordinator, Treasa Handley, requested the deadline date be waived for this application, and two renewals that were received a couple of days late. Commissioner Stewart questioned if the deadline could be waived. Board Attorney, Ross Macbeth, stated that the deadline is an administrative requirement, not a code requirement, and is specific to recertification. He added that there is nothing that prohibits the Board from receiving applications to certify someone after the deadline date. Commissioner Bullard questioned if this application and the late renewals could be handled by Staff. Mr. Macbeth stated they could. Staff was instructed to process the application.

B. County Engineer: 1. Request approval of the Public Facilities Agreement between Lake June properties,

Inc. and Highlands County for the construction of Pendarvis Roadway (Heartland Blvd.) extension

County Engineer, Ramon Gavarrete, presented the request. Motion by Commissioner Stokes, seconded by Commissioner Stewart, to approve the Public Facilities Agreement between Lake June Properties, Inc., and Highlands County for the construction of Pendarvis Roadway (Heartland Blvd.) extension. Upon roll call, all Commissioners voted aye. Motion carried. See file for copy.

2. Request approval of an Agreement between Lake Rachard Estates, Ltd. And

Highlands County for the construction of Utilities extensions and contribution to the sidewalks on Pendarvis Road (Heartland Blvd.)

County Engineer, Ramon Gavarrete, presented the request. Motion by Commissioner Stokes, seconded by Commissioner Maxcy, to approve the agreement between Lake Rachard Estates, Ltd., and Highlands County for the construction of utilities extensions and contribution to the sidewalks on Pendarvis Road (Heartland Blvd.). Upon roll call, all Commissioners voted aye. Motion carried. See file for copy.

3. Request approval of both Construction Agreements between Better Roads, Inc. and

Highlands County in the amount of $903,710.90 for the construction of Pendarvis Roadway (Heartland Blvd.) extension, and between Highland Golf, Inc. and Highlands County in the amount of $332,788.10 for the construction of Pendarvis (Heartland Blvd) Utilities extensions in conjunction with the Resolution and Budget Amendment #05-06-210

County Engineer, Ramon Gavarrete, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Maxcy, to approve both construction agreements between Better Roads, Inc., and Highlands County for the construction of Pendarvis Road (Heartland Blvd.) extension, and between Highland Golf, Inc., and Highlands County for the construction of Pendarvis Road (Heartland Blvd.) utilities extensions, along with the corresponding resolution and budget amendment. Upon roll call, all Commissioners voted aye. Motion carried. See file for copy and Res. Book 19 Page 112.

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C. County Administrator: Request approval of Resolution & budget amendment 05-06-209 increasing fund 005 Reserve for Contingency; budget amendments 05-06-212; 214; 221 decreasing Reserve for Contingency

County Administrator, Carl Cool, presented the request. Development Services Director, Jim Polatty, briefly explained some of the items. Motion by Commissioner Stokes, seconded by Commissioner Maxcy, to approve the resolutions and budget amendments as presented. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 113. 9. CITIZENS NOT ON AGENDA: No participants. 10. COMMISSIONERS: Commissioner Stokes reported on the Okeechobee Coalition meeting he attended last week. Commissioner Stewart reported on the East-West Corridor meeting she and Commissioner Jackson attended last week. Commissioner Bullard reported that the Central Florida Regional Planning Council was recently named and received the award as the Planning Agency of the Year for the State of Florida. A Growth Management Seminar will be held this Friday, June 23 at 7:30 A.M. at South Florida Community College. 11. ADJOURN The meeting adjourned at 12:09 P.M.

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Barbara Stewart 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Commissioner Edgar Stokes. The Pledge of Allegiance was led by Commissioner Andrew Jackson. 3. ANNOUNCEMENTS

A. Clerk Deputy Clerk, Bob Jamison, presented a report of Jury Trial Week for June and a report of Weekly Court Services for the week ended June 23, 2006 as provided by the Highlands County Clerk of Courts, L.E. “Luke” Brooker. See SMB 48 Page 93.

B. Upcoming County meetings were entered into the record by County Administrator, Carl Cool. June 28 1:00 pm PRIDE Committee #251, 600 S. Commerce Ave. June 28 2:00 pm HOME Again client meeting 501 S. Commerce Ave. June 28 4:00 pm Natural Resources Advisory Commission 501 S. Commerce Ave. June 29 10:00 am E-911 Communication Committee Desoto City Fire Station 19, 6800 W. George

Blvd. July 4 4th of July Holiday – County Offices Closed

C. Other Meetings

4. CONSENT AGENDA: Motion by Commissioner Maxcy, seconded by Commissioner Stewart, to approve agenda as amended, pulling Item 4-F, to be placed on action agenda. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits June 27, 2006 General ………………………………………. 109,698.75 County Transportation Trust ……………….. 37,443.97 E911 Operations Fund …………………………. 4,751.14

Intergovt Radio Communications ………………. 703.08 Local Govt Infra Surtax……….…………….. 253,174.09 Tourist Development Trust Fund ……………... 5,032.52 Community Development Block ……………... 44,514.17 Affordable Housing Asst ………………………. 1,301.52 Home Initiatives Partnership ……………………. 225.00 Sebring Parkway Maint ………………………….. 993.45 State Court Facilities TF ……………………….. 2,240.36 Law Library Trust Fund ……………………….. 1,131.99

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Court Tech ………………………………………….. 49.09 Building Code Enforcement Fund ………………….. 6.39 HCISSRB Construction Fund ………………….. 5,150.00 Solid Waste ...…………………………………….. 8,488.11 Placid Utilities ...…………………………………. 6,705.50 Highway Park Utility …………………………….... 343.66 Risk Retention Fund …………………………….. 8,694.43

B. Request approval of board minutes for June 13, 2006 C. Accept into the record the Tax Collectors recapitulation statement for the year 2005

(available for review at the Clerk of Court’s office) D. Request approval of a Satisfaction of Mortgage for Yvon A. and Margie J. Richard. See

Satisfaction file. E. Request approval of a Notice of Nuisance on CE 06050025, 6412 Hancock Rd., Sebring.

See Subdivision file. F. Request approval to re-appoint Fred Jahna, John Payne and Norman Stephens to the

Highlands County Industrial Development Authority Board of Directors. G. Request approval to appoint Kevin Brown to the Community Redevelopment Agency H. Request approval of Resolution to dissolve the Resolution 03-04-25, of November 25,

2003, as recorded in Official Record Book 1724 Pages 782-785; and to accept dedication of five-foot wide Drainage and Utility Easement. See Res. Book 19 Page 114.

I. Request approval of budget amendment 05-06-225

5. PUBLIC HEARING: Request approval of a Notice of Lien on CE 05060199, 101 Atterberry Drive, Sebring

Code Enforcement Officer, April Hartseil, presented the request. Motion by Commissioner Stokes, seconded by Commissioner Stewart, to approve the Notice of Lien for the property as described. Upon roll call, all Commissioners voted aye. Motion carried. See Subdivision file.

6. PUBLIC HEARING: Request approval of a Notice of Lien on CE 04080127, 6135 Highland

Street, Sebring Code Enforcement Officer, April Hartseil, presented the request. Motion by Commissioner Maxcy, seconded by Commissioner Stewart, to approve the Notice of Lien for the property as described. Upon roll call, all Commissioners voted aye. Motion carried. See Subdivision file. 7. PUBLIC HEARING: Request approval of a Notice of Lien on CE 05100058, 6008 Oak Leaf

Ave., Sebring Code Enforcement Officer, April Hartseil, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Jackson, to approve the Notice of Lien for the property as described. Upon roll call, all Commissioners voted aye. Motion carried. See Subdivision file. 8. PUBLIC HEARING: Request approval of a Notice of Lien on CE 05100057, 6004 Oak Leaf

Ave., Sebring Code Enforcement Officer, April Hartseil, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Maxcy, to approve the Notice of Lien for the property as described. Upon roll call, all Commissioners voted aye. Motion carried. See Subdivision file.

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9. PUBLIC HEARING: Request approval of a Notice of Lien on CE 05100059, 6012 Oak Leaf Ave., Sebring

Code Enforcement Officer, April Hartseil, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Maxcy, to approve the Notice of Lien for the property as described. Upon roll call, all Commissioners voted aye. Motion carried. See Subdivision file. 10. PUBLIC HEARING: Request approval of a Notice of Lien on CE 05100056,6000 Oak Leaf

Ave., Sebring Code Enforcement Officer, April Hartseil, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Maxcy, to approve the Notice of Lien for the property as described. Upon roll call, all Commissioners voted aye. Motion carried. See Subdivision file. 11. PUBLIC HEARING: Request approval of an Amended Notice of Lien on CE 05050175, 2701

Hacienda Drive, Lorida Code Enforcement Officer, April Hartseil, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Maxcy, to approve the Amended Notice of Lien for the property as described. Upon roll call, all Commissioners voted aye. Motion carried. See Subdivision file. 12. PUBLIC HEARING: Request approval of a Notice of Lien on CE 04080081, 510 Broad

Street, Sebring Code Enforcement Officer, April Hartseil, presented the request. Motion by Commissioner Maxcy, seconded by Commissioner Jackson, to approve the Notice of Lien for the property as described. Upon roll call, all Commissioners voted aye. Motion carried. See Subdivision file. 13. PUBLIC HEARING: First Public Hearing and Fair Housing Workshop This hearing has been cancelled, and will be rescheduled.

14. PUBLIC HEARING: Request to consider a motion to adopt a Resolution to vacate a portion

of Highland Towers Addition, as recorded in Plat Book 12, Page 51 of the Public Records of Highlands County, Florida

County Engineer, Ramon Gavarrete, presented the request. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to adopt the Resolution vacating a portion of the plat as described. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 115. 15. PUBLIC HEARING: Six (6) zoning changes, one (1) small scale plan amendments, seven (7)

large scale plan amendments, and Response to the Highlands 06-1 Objections, Recommendations and Comments (ORC) Report are on the Board of County Commissioners Agenda for June 27, 2006. The zoning changes agenda items were heard by the Planning and Zoning Commission on June 13, 2006.

A. HEARING #CPA-06-389SS – LAKE BYRD, LLC – C/O MICHAEL GALAHER

An approximate 9.9 acre Parcel North of Lake Byrd Boulevard and West of U.S. 27, North of the City of Avon Park, and abbreviated legal as follows: an approximate 9.997 acres located in Sec. 9, Twp. 33S, Rge. 28E, Highlands County, Florida. Requesting a small scale plan amendment from (Agriculture) to (Medium Density Residential.)

B. HEARING #1847 – LAKE BYRD, LLC – C/O MICHAEL GALAHER Legal description as stated above (Item # 6A.) Requesting a zoning change from M-2 (Mobile Home Parks district) and CG-2 (Campground district) to R-1 (Residential district). Applicant desires to construct single family dwellings.

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Development Services Director, Jim Polatty, presented the request. Mike Galaher, representing the applicant, briefly explained the request. Motion by Commissioner Stewart, seconded by Commissioner Jackson, in accordance with the Planning and Zoning Commission and the Local Planning Agency move to approve, including the conditions cited below, and adopt by Ordinance CPA-06-389SS, amending the Future Land Use Map for 9.997 acres from Agriculture to Medium Density Residential and adopt by Resolution P&Z 1847 changing the Zoning Atlas for 9.997 acres from M-2 (Mobile Home Parks district) and CG-2 (Campground district) to R-1 (Residential district), referencing the mandatory findings and transmitting CPA-06-389LS to the Department of Community Affairs for their compliance determination, and becoming effective as provided by law. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 116.

Conditions to be added to the small scale ordinance: 1. Central water and wastewater service is to be provided to the property. 2. The property shall be considered as a single project for purposes of development review and approval for all purposes under County Codes. 3. The applicant shall dedicate additional rights-of-way as required by the County Engineer in order to meet the requirements of the Long Range Transportation Plan, the Land Development Regulations, the Highlands County Technical Standards Manual, and the Capital Improvements Program at the time of development.

C. HEARING #CPA-06-393LS – SEBRING LAND LIMITED PARTNERSHIP – C/O JOE DOBOSH – C/O CLIFFORD R. RHOADES

Approximately 16.1 acres located West of Mud Lake and North of Altvater Road in Highlands Ridge Subdivision, and abbreviated legal as follows: Approximately 16.11 acres located in Sec. 33, Twp. 33S, Rge. 29E, Highlands County, Florida. Requesting a large scale plan amendment from (Agricultural) to (Medium Density Residential.)

D. HEARING #1861 - SEBRING LAND LIMITED PARTNERSHIP – C/O JOE DOBOSH – C/O CLIFFORD R. RHOADES

Legal description as stated above (Item # 7A.) Requesting a zoning change from AU (Agricultural) to R-1 FUD (Residential district with a Flexible Unit Development.) Applicant desires to construct single family dwellings. Development Services Director, Jim Polatty, presented the request. Cliff Rhoades, representing the applicant, briefly explained the request. Motion by Commissioner Stewart, seconded by Commissioner Maxcy, in accordance with the Planning and Zoning Commission and the Local Planning Agency move to approve and adopt by Ordinance CPA-06-393LS amending the Future Land Use Map for 16.11 acres from Agriculture to Medium Density Residential and adopt by Resolution P&Z 1861 changing the Zoning Atlas for 16.11 acres from AU (Agricultural district) to R-1 FUD (Residential district with a Flexible Unit Development), referencing the mandatory findings and transmitting CPA-06-393LS to the Department of Community Affairs for their compliance determination, and becoming effective as provided by law. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 117.

E. HEARING #CPA-06-394LS – VARELA CONSTRUCTION, CORP. – C/O TRI-COUNTY ENGINEERING, INC.

Approximately 37.9 acres on the East side of Tractor Road just North of the Carva Hills Subdivision, and abbreviated legal as follows: Approximately 37.89 acres located in Sec. 10, Twp. 35S, Rge. 29E, Highlands County, Florida. Requesting a large scale plan amendment from (Agriculture) to (High Density Residential).

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F. HEARING #1862 – VARELA CONSTRUCTION, CORP. – C/O TRI-COUNTY

ENGINEERING, INC. Legal description as stated above (Item # 8A.) Requesting a zoning change from AU (Agricultural) to R-3 (Multiple Dwelling district). Applicant desires to construct a residential development. Development Services Director, Jim Polatty, presented the request. He stated that P&Z #1862 will not be heard today. Cliff Rhoades, representing the applicant, stated they will commit to a maximum of 402 units. Public input was received from the following in opposition to the request: Lisa Bond, Barry Rudd, Mark Beron, Martha Carter, Lewis Snavely and Joe Lopez. Motion by Commissioner Jackson, seconded by Commissioner Stokes, in accordance with Staff recommendation, move to approve CPA-06-394LS, amending the Future Land Use Map for 37.89 acres from Agriculture to High Density Residential, including the conditions as listed below. Upon roll call, all Commissioners voted aye. Motion carried.

Conditions to be added to the small scale ordinance: 1. The project will be limited to a maximum of 402 units, to include two rows of single family residential buffer on the east and south side of the property. 2. Central water and wastewater service is to be provided to the property, and a commitment letter from the City of Sebring will be provided prior to transmittal to DCA. 3. The property shall be considered as a single project for purposes of development review and approval for all purposes under County Codes. 4. The applicant shall dedicate additional rights-of-way as required by the County Engineer in order to meet the requirements of the Long Range Transportation Plan, the Land Development Regulations, the Highlands County Technical Standards Manual, and the Capital Improvements Program at the time of development. 5. The applicant will submit either a FUD or PD.

Break 11:00 – 11:17 A.M.

G. HEARING #CPA-06-395LS – FEIT MANAGEMENT CORP. – C/O RHON ERNEST-JONES CONSULTING ENGINEERS, INC.

Approximately 58 acres located North of Lake Pythias on the Polk County Line, and abbreviated legal as follows: Approximately 58 acres located in Sec. 2, Twp. 33S, Rge. 28E, Highlands County, Florida. Requesting a large scale plan amendment from (Agriculture) from (Medium Density Residential).

Development Services Director, Jim Polatty, presented the request. Bert Harris, representing the applicant, briefly explained the request. Michael Woodman, consulting engineer for the applicant, stated they are limiting the project to 355 units. Motion by Commissioner Stewart, seconded by Commissioner Jackson, in accordance with the Local Planning Agency move to approve and adopt by Ordinance CPA-06-395LS amending the Future Land Use Map for 58 acres from Agriculture to Medium Density Residential, referencing the mandatory findings and transmitting CPA-06-395LS to the Department of Community Affairs for their compliance determination, and becoming effective as provided by law, including the conditions as listed below. Upon roll call, all Commissioners voted aye. Motion carried.

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Conditions Pursuant to FLU Policy 1.11: Site Specific Developments 1. Central water and central wastewater are to be provided. 2. Provisions for a separated Multi-Use Path shall be included in the plat that will be a part of a system that will link Stryker Road to CR 17-A. 3. Upon approval of this plan amendment, the property shall be considered as a single project, with the property described in CPA 04-276LS, for purposes of development review and approval for all purposes under County Codes. 4. The applicant shall dedicate additional rights-of-way as required by the County Engineer in order to meet the requirements of the Long Range Transportation Plan, the Land Development Regulations, the Highlands County Technical Standards Manual, and the Capital Improvements Program at the time of development. 5. The project will be limited to a maximum of 355 dwelling units. 6. This project will be reviewed for zoning approval as an FUD or PD development.

H. HEARING #CPA-06-397LS – BOB PAUL, INC. – C/O ROGER DALE POLSTON

Approximately 10 acres located Southeast of the intersection of U.S. 27 and U.S. 98 on the West side of Twitty Road, and abbreviated legal as follows: Approximately 10 acres located in Sec. 22, Twp. 35S, Rge. 29E, Highlands County, Florida. Requesting a large scale plan amendment from (Agriculture) to (Commercial).

I. HEARING #1864 – BOB PAUL, INC. – C/O ROGER DALE POLSTON Legal description as stated above (Item # 11A.) Requesting a zoning change from AU (Agricultural) to B-3 (Business district). Applicant desires to construct storage units.

Development Services Director, Jim Polatty, presented the request. Dale Polston, representing the applicant, stated they would put a conditional use on the property for warehousing. Motion by Commissioner Stewart, seconded by Commissioner Stokes, in accordance with the Planning and Zoning Commission and the Local Planning Agency move to approve, including the conditions cited below, and adopt by Ordinance CPA-06-397LS amending the Future Land Use Map for 10.0 acres from Agriculture to Commercial and adopt by Resolution P&Z 1864 changing the Zoning Atlas for 10.0 acres from AU (Agricultural) to B-3 CU (Business district with Conditional Use – Warehousing Only), referencing the mandatory findings and transmitting CPA-06-397LS to the Department of Community Affairs for their compliance determination, and becoming effective as provided by law and with the following conditions. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 118.


1. Use of the site for self storage under B-3 will be limited to self storage / storage and no other businesses shall be operated from the self storage operation. 2. Central water to be provided to the property and a letter of commitment shall be included in the transmittal to DCA. 3. The property shall be considered as a single project for purposes of development review and approval for all purposes under County Codes. 4. The applicant shall dedicate additional rights-of-way as required by the County Engineer in order to meet the requirements of the Long Range Transportation Plan, the Land Development Regulations, the Highlands County Technical Standards Manual, and the Capital Improvements Program at the time of development. J. HEARING #CPA-06-399LS – KITO, INC. – C/O GREAT FRUIT COMPANY, INC.

Approximately 14.4 acres located at the Northeast corner of U.S. 27 and U.S. 98 just South of the Old Trail

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Town Industrial area, and abbreviated legal as follows: Approximately 14.38 acres located in Sec. 25, Twp. 35S, Rge. 29E, Highlands County, Florida. Requesting a small scale plan amendment from (Agriculture) to (Commercial).

K. HEARING #1866 – KITO, INC. – C/O GREAT FRUIT COMPANY, INC. Legal description as stated above (Item # 13A.) Requesting a zoning change from AU (Agricultural) to B-3 (Business district). Applicant desires to construct all the permitted uses in the B-3 zoning district.

Development Services Director, Jim Polatty, presented the request. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, in accordance with the Planning and Zoning Commission and the Local Planning Agency move to approve, including the conditions cited below, and CPA-06-399LS amending the Future Land Use Map for 14.38 acres from Agriculture to Commercial and adopt by Resolution P&Z 1866 changing the Zoning Atlas for 14.38 acres from AU (Agricultural) to B-3 (Business district) and the eastern 100 feet shall be rezoned from AU (Agriculture) to “O” Office, referencing the mandatory findings and transmitting CPA-06-399LS to the Department of Community Affairs for their compliance determination, and becoming effective as provided by law and with the conditions listed below. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 119.

CONDITIONS PURSUANT TO FLU POLICY 11.1: SITE SPECIFIC DEVELOPMENTS 1. Additional rights-of-way may be required consistent with the functional classifications assigned to the streets to accommodate the additional traffic generated by the proposed development. The applicant shall dedicate additional rights-of-way as required by the County Engineer in order to meet the requirements of the Long Range Transportation Plan, the Land Development Regulations, the Highlands County Technical Standards Manual, and the Capital Improvements Program at the time of development. 2. Central water and central wastewater service is to be provided to the property. 3. The property shall be considered as a single project for purposes of development review and approval for all purposes under County Codes. L. HEARING #1869 – ROLAND L. DILLEY, PRESIDENT, ROLAND L. DILLEY & SON,

INC. – ROGER DALE POLSTON Approximately 56 acres located on the Northeast corner of S.R. 64 and Oleander Drive, North of the Avon Park Airport, and abbreviated legal as follows: Approximately 56 acres located in Sec. 21, Twp. 33S, Rge. 28E, Highlands County, Florida. Requesting a zoning change from AU (Agricultural) and M-1-S (Mobile Home and Residential Subdivisions district) to R-2 (Two-Family Dwelling district) and R-3 (Multiple Dwelling district). Applicant desires to construct single family homes, duplexes, and multi-family units.

Development Services Director, Jim Polatty, presented the request. Dale Polston, representing the applicant, briefly explained the request. C.B. Shirey, Avon Park City Manager, requested that this hearing be continued to allow more time for the Airport Zone Ordinance to be updated. Wesley Teal and Gloria Longeway, of Wilbur Smith Associates, gave a presentation on the airport, showing the runway protection zones that are required. Bud Furr, attorney representing the applicant, spoke in support of approving the request today. John McClure, representing Highlands Aviation, requested that the hearing be continued. Motion by Commissioner Stokes, seconded by Commissioner Jackson, move to table P&Z # 1869 until September 26, 2006 at 9:00 a.m. or as soon thereafter as possible in the County Commission Board Room, and to waive any additional fees. Upon roll call, all Commissioners voted aye, except Commissioners Stewart and Maxcy, who voted nay. Motion carried.

Commissioner Maxcy left the meeting at 1:30 P.M.

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M. HEARING #CPA-06-402LS – NAT GRANIT (20% INTEREST) & LAKEVIEW I.P., LLC (80%) – C/O ROGER DALE POLSTON

Approximately 1.5 acres located on the South shore on Lake Anoka on Marble Avenue, and abbreviated legal as follows: Approximately 1.58 acres located in Sec. 27, Twp. 33S, Rge. 28E, Highlands County, Florida. Requesting a large scale plan amendment from (Medium Density Residential) to (High Density Residential). Development Services Director, Jim Polatty, presented the request. Dale Polston, representing the applicant, briefly explained the request. Don Hadden spoke in opposition to the request. Motion by Commissioner Stokes, seconded by Commissioner Jackson, in accordance with the Local Planning Agency move to approve CPA-06-402LS, including the conditions cited below, amending the Future Land Use Map for 1.58 acres from Medium Density Residential to High Density Residential and to transmit to the Department of Community Affairs for their compliance determination, and becoming effective as provided by law. Upon roll call, all Commissioners voted aye. Motion carried. Condition Pursuant to FLU Policy 11.1: Site Specific Developments 1. Central water central and wastewater service is to be provided to the property. 2. The property shall be considered as a single project for purposes of development review and approval for all purposes under County Codes. 3. The applicant shall dedicate additional rights-of-way (on Marble Avenue) as required by the County Engineer in order to meet the requirements of the Long Range Transportation Plan, the Land Development Regulations, the Highlands County Technical Standards Manual, and the Capital Improvements Program at the time of development.

N. HEARING #CPA-06-403LS – O.C. FARMS, INC., A FLORIDA CORPORATION,

ADELA MARIA TOMEU, FRANCISCO RODRIGUES, ROBERTO RODRIGUEZ AND JEFFREY R. CRAWFORD – C/O RICK WHIDDEN

Approximately 148 acres located on the South side of DeSoto Road and a quarter mile East of Highlands Avenue, and abbreviated legal as follows: Approximately 147.69 acres located in Sec. 4, Twp. 35S, Rge. 29E, Highlands County, Florida. Requesting a large scale plan amendment from (Agriculture) to (Medium Density Residential).

Development Services Director, Jim Polatty, presented the request. Rick Whidden, representing the applicant, stated they are limiting the development to a maximum of 5 units per acres. Motion by Commissioner Stokes, seconded by Commissioner Jackson, in accordance with the Local Planning Agency move to approve CPA-06-403LS, including the conditions cited below, amending the Future Land Use Map for 147.69 acres from Agriculture to Medium Density Residential referencing the mandatory findings and transmitting CPA-06-403LS to the Department of Community Affairs for their compliance determination, and becoming effective as provided by law. Upon roll call, all Commissioners voted aye. Motion carried.

Condition Pursuant to FLU Policy 11.1: Site Specific Developments 1. Central water central and wastewater service is to be provided to the property. 2. The property shall be considered as a single project for purposes of development review and approval for all purposes under County Codes. 3.The applicant shall dedicate additional rights-of-way (DeSoto Road and DeSoto City Road) as required by the County Engineer in order to meet the requirements of the Long Range Transportation Plan, the Land Development Regulations, the Highlands County Technical Standards Manual, and the Capital Improvements Program at the time of development. 4. The development shall be limited to a maximum of 5 units per acre.

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O. PUBLIC HEARING – RESPONSE TO THE HIGHLANDS 06-1 OBJECTIONS,

RECOMMENDATIONS AND COMMENTS (ORC) REPORT This hearing has been postponed. Break 1:55 – 2:20 P.M. Commissioner Maxcy returned to the meeting at 3:00 P.M.

16. WORKSHOP: Workshop on proposed Impact Fee Ordinance Bob Nabors, with Tindale-Oliver & Associates, Inc., presented the Board with a draft ordinance that will impose impact fees in Highlands County. The Board directed Staff and the consultants to pull impact fees for government buildings out of the ordinance. Bob Wallace gave a power point presentation, comparing the impact fees proposed for Highlands County with other counties in Florida that have impact fees in place. Public input was received from the following: Arlan Sapp, Doug Netubitz, Dan Littlefield, John Strang, John Shoop, Gabriel Reed, John Borgemeister, Hank Kowalski, Don Linton, Doug Walz, Ken Poe, Will Randall, Louise England, and Jeff Parker. The Board requested that an additional workshop be scheduled at a later date. See tape for further detail. Break 5:20 – 5:30 P.M. 17. ACTION: Motion by Commissioner Jackson, seconded by Commissioner Maxcy to set action agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.

A. County Administrator: Request approval of budget amendment 05-06-223 decreasing fund 401 Reserve for Contingency

Motion by Commissioner Stokes, seconded by Commissioner Maxcy, to approve the budget amendment as presented. Upon roll call, all Commissioners voted aye. Motion carried.

B. Request approval to re-appoint Fred Jahna, John Payne and Norman Stephens to the Highlands County Industrial Development Authority Board of Directors.

County Administrator, Carl Cool, presented the request. Motion by Commissioner Stokes, seconded by Commissioner Jackson, to approve the request as stated. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 48 Page 94.

C. Request approval of Resolution and Budget Amendment 05-06-227 Motion by Commissioner Stokes, seconded by Commissioner Maxcy, to approve the budget amendment as presented. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 120.

County Administrator, Carl Cool, announced that the Construction, Licensing, Enforcement and Appeals Board will meet on July 6 at 7 P.M. in the County Commission Boardroom.

18. CITIZENS NOT ON AGENDA: Linda Waack requested the Board schedule a workshop to discuss restrictions for livestock in agricultural zoning. A workshop was scheduled for the July 11th meeting.

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19. COMMISSIONERS: No reports. 20. ADJOURN The meeting adjourned at 5:37 P.M.

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REGULAR MEETING OF THE BOARD JULY 11, 2006 1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at




Barbara Stewart 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Commissioner C. Guy Maxcy. The Pledge of Allegiance was led by Charles Krueger, past commander of the VFW 3880 in Lake Placid. 3. ANNOUNCEMENTS

A. Clerk Deputy Clerk, Bob Jamison, presented a report of Monthly Report of Business Services for June as provided by the Highlands County Clerk of Courts, L.E. “Luke” Brooker. See SMB 48 Page 95.

B. Upcoming County meetings were entered into the record by County Administrator, Carl Cool. July 11 2:00 p.m. Veterans Advisory Board 7205 S. George Blvd., Sebring July 11 2:30 p.m. Historic Preservation Commission 501 S. Commerce Ave. July 11 3:00 p.m. Zoning Board of Adjustment 600 S. Commerce Ave., Sebring July 11 3:00 p.m. P & Z and the local Planning Agency 600 S. Commerce Ave., Sebring July 11 3:00 p.m. Highlands Soil & Water Conservation District #3, Ag-Center, 4509 George Blvd. July 12 5:00 p.m. Lake Placid Growth Management Committee,

Local Planning Agency, Parks & Recreation Committee, and Rails & Trails

Lake Placid Town Hall, 51 Park Drive, Lake Placid

July 12 7:30 a.m. IDA/EDC Board of Directors 2113 US 27 South, Sebring July 12 9:30a.m. Central FL Regional Planning Council 210 Cypress Gardens Blvd., Winter

Haven

C. Other meetings: The Community Traffic Safety Team will meet July 12 at 10 a.m. at the Agri-Civic Center in Conference Room #3. Chairman Bullard announced that he and Commissioner Jackson will be absent from next week’s meeting.

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

A. Request approval to pay all duly authorized bills and employee benefits July 11, 2006 General ………………………………………. 2,560,857.92 County Transportation Trust …………………. 18,239.92 E911 Operations Fund …………………………. 43,877.63 Conservation Trust Fund ……………………..… 8,100.00

Local Govt Infra Surtax……….……………….. 65,938.65 Tourist Development Trust Fund ………………. 4,887.84 Community Development Block ………………….. 652.80 Affordable Housing Asst …………………………8,835.46

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Special Law Enforcement ……………………….. 3,965.00 Sebring Parkway Maint …………………………… 100.00 Building Code Enforcement Fund ……………… 2,594.02 HCISSRB Construction Fund …………………….. 167.70 Solid Waste ...………………………………………9,538.11 Placid Utilities ...………………………………… 32,180.18 Highway Park Utility …………………………………60.35 Risk Retention Fund ………………………………….. 4.32 Employee Benefit Fund ……………………………... 12.96 Tax Deed Surplus Fund ……………………….. 143,081.84 Payment of bills and employee benefits was authorized on July 3, 2006 for $751,811.70.

B. Request approval of Satisfaction of Mortgage for Frances L. Gaarz. See Satisfaction file. C. Request approval of Satisfaction of Mortgage for Nan Delice Howerton. See Satisfaction

file. D. Request approval of Satisfaction of Mortgage for Edward Murcko. See Satisfaction file. E. Request approval of Satisfaction of Mortgage for Julio G. Sanchez. See Satisfaction file. F. Request approval to accept into the record the Court-related Funds Revenue and

Expenditures. See SMB 48 Page 96. G. Request approval to accept into the record the Financial Statements and Independent

Auditor’s Report year ended June 30, 2005 for the Sebring Airport Authority. See file for copy.

H. Request approval of Change Order #3 for Lowe’s – KDL Underground and Development I. Request approval of the 2005/2006 Railroad Crossing Signal Safety Program Agreement

for Grade Crossing Traffic Control Devices, descr. Powerline Road, Highlands County Florida and a Resolution authorizing board chairman to execute said Agreement. See file and Res. Book 19 Page 121.

J. Request approval of Budget Amendments 05-06-230; 232 K. Request approval of Resolutions and budget amendments 05-06-228; 231; 234. See Res.

Book 19 Page 122.

5. ACTION: Motion by Commissioner Jackson, seconded by Commissioner Stokes, to set action agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.

A. Doris Gentry, Heartland Heritage Foundation, Inc.: Request approval of a Resolution regarding their funding request

Doris Gentry, President of the Florida Heartland Heritage Foundation, presented the request. Teresa Stein, Dr. Catherine Cornelius, Eileen May, Louise England, and Anne Reynolds spoke in support of the request. Commissioner Jackson stated he would like the commitment to be limited to the 2006/2007 budget year. County Administrator, Carl Cool, stated if the Board approves this request, it could be added as a line item in the proposed budget, and the funds could come from the contingency fund. Motion by Commissioner Stokes, seconded by Commissioner Maxcy, to adopt the resolution, approving the funding request, with the commitment to be limited to the 2006/2007 budget year. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 123.

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6. PUBLIC HEARING: Code Enforcement requesting a Notice of Lien on CE 05060154, 2710 W. Ingersol Rd., Avon Park, FL

This item has been pulled from the agenda. 7. PUBLIC HEARING: Public Hearing to approve and adopt by Resolution the Civil Citation

form Development Services Director, Jim Polatty, presented the request. Board Attorney, Ross Macbeth, stated the code requires that the Board approve, by resolution, the civil citation form. A few minor typographical errors were pointed out. Motion by Commissioner Stokes, seconded by Commissioner Stewart, to approve and adopt by the resolution approving the Civil Citation form. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 124. 8. PUBLIC HEARING: First Public Hearing and Fair Housing Workshop Housing Coordinator, Penny Phillippi, stated this public hearing is being held to seek input for projects that would be good candidates for Community Development Block Grant funding for 2006. Corbett Alday of Guardian Community Research Group stated the County is in a position to make application in the Economic Development category. He added that one proposal has been received for an assisted living facility. Motion by Commissioner Jackson, seconded by Commissioner Stokes, to authorize the Housing Department to pursue and accept CDBG applications in the Economic Development category. Upon roll call, all Commissioners voted aye. Motion carried. See Housing file. 9. WORKSHOP: Proposed Improvements to Lake Denton parking area County Administrator, Carl Cool, presented the Board with Staff’s recommendations concerning proposed improvements and continued maintenance of the Lake Denton boat ramp. Commissioners Stewart and Jackson commented on the large number of “No Parking on Right of Way” signs to be installed along the road. David Simpson expressed concerns about safety problems with swimmers and divers in the area of the boat ramp. He suggested closing the boat ramp while the improvements are being done. Board Attorney, Ross Macbeth, stated the County does have the authority to regulate use of designated channels and restrict them to boating traffic only, and post signs stating no swimming or diving allowed within the channels. Parks and Recreation Director, Vicki Pontius, expressed concern about closing the boat ramp for improvements. Mr. Cool recommended not closing it. Commissioner Bullard instructed Staff to schedule a public hearing for adoption of the parking ordinance as soon as possible, in order to move forward with the installation of the “No Parking on Right of Way” signs and improvements to the boat ramp. Break 10:50 – 11:05 a.m. 10. WORKSHOP: Regulations of hogs in agriculture Development Services Director, Jim Polatty, stated the purpose of this workshop is to discuss the regulation of hogs in agriculture, particularly the raising of hogs for FFA and 4-H for purposes of showing them at fairs. He added that this issue is due to Linda Waack requesting the County to amend the zoning code to allow the FFA/4-H projects to raise hogs. Recommendations from Staff were discussed. Commissioner Bullard stated that the current zoning does not differentiate between commercial raising and the quantity of hogs being raised. Shareen Childs, Highlands County 4-H Agent, stated there are facilities at Sebring High and Lake Placid High that are available to FFA and 4-H to house their animals. Gary Mikulecky, County Extension Director, stated that the setbacks need to be changed. Haley Webb, FFA Advisor for Sebring High, suggested putting an educational clause in the zoning code for FFA and 4-H projects. Ray Royce, Audrey Vickers, and Jim Wood stated that

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an amendment to the zoning change needs to be done to allow these projects. Beth Bohan and Betty McAnly spoke in opposition to any change in the zoning code. Linda Waack requested that a change be made to the zoning code. Board Attorney, Ross Macbeth, stated that the Board could approve an amendment to the regulations on setbacks, and issue temporary use permits for school projects. Commissioner Bullard instructed Staff to look at creating some type of temporary use permit for FFA/4-H/Educational, with limitations, which could be issued by Staff, and also look into lowering the required setbacks for agricultural zoning. See tape for further detail. 11. WORKSHOP: Occupational License Ordinance County Administrator, Carl Cool, stated the purpose of this workshop is to consider discontinuing Occupational Licenses. State law is requiring counties to change their ordinances regarding occupational licenses by dropping the term “license”. He stated he has spoken with Charles Bryan, Tax Collector, to determine if the license is needed. The occupational license produces approximately $150,000 per year to the board. This is equivalent to 0.03 mills. Mr. Bryan recommended doing away with the license, adding that it would now be called a business receipt tax. Board Attorney, Ross Macbeth, stated this would require adoption of an ordinance. He stated he would prepare a draft ordinance to bring back before the Board for the July 25th meeting for adoption. 12. ACTION (Cont’d):

A. Lynn Topel, Florida’s Heartland REDI, Inc.: Vision Report on the Highlands County Vision 20/20 Process

Lynn Topel, representing Florida’s Heartland REDI, Inc., gave a report on some of the highlights from the Highlands County Vision 2020 Process Vision Report that was done.

B. Board Attorney: Request approval of Bert J. Harris, III as Vesting Appeals Hearing

Officer reference Ancor Framing South Corporation vesting appeal Board Attorney, Ross Macbeth, requested that the Board waive their procurement policies, approve the hiring of Attorney Bert Harris to serve as a hearing officer for a Vesting Appeals hearing, and approve a corresponding budget amendment. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to approve the request as stated. Upon roll call, all Commissioners voted aye. Motion carried.

C. County Administrator: Presentation of Recommended Budget for FY 06-07

County Administrator, Carl Cool, submitted a proposed budget for FY 2006-07. The recommended budget represents a reduction in the millage from 9.0 mils to 8.5 mils. Tim Mechling, Budget Manager, gave a presentation on the budget, and some of the economic impacts the County might expect during the next fiscal year. Assistant County Administrator, Rick Helms, stated the proposed budget is in balance. Mr. Cool stated the Board will need to certify the millage at the first Board meeting in August. Commissioner Stewart suggested having another workshop on the budget. Deputy Clerk, Bob Jamison, briefly explained the budget issues requested by the Clerk’s office, adding that Staff is working to resolve those issues. Rick Helms presented the Board with an award from the GFOA for the Distinguished Budget Presentation for FY 2005-06. He added that this is the 10th award given to the County. 13. COMMISSIONERS: No reports.

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14. ADJOURN The meeting adjourned at 1:55 P.M.

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C Guy Maxcy Carl Cool Edgar Stokes Pam Cross

Barbara Stewart J Ross Macbeth Jodi Pifer

Commissioners Bullard and Jackson were absent from today’s meeting. 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Rev. R.E. Snidow. The Pledge of Allegiance was led by Harry Morris. 3. ANNOUNCEMENTS

A. Clerk No report.

B. Upcoming County meetings were entered into the record by County Administrator, Carl Cool. July 19 9:00 a.m. Children’s Services Council Sub-

Committee on Truancy Issues 1000 S. Highlands Ave.

July 20 9:30 a.m. HC Community Health Improvement Planning Committee


July 20 2:30 p.m. Recreation and Parks Advisory Committee Cancelled


July 20 3:00 p.m. HC Board of County Commissioners Impact Fee Roundtable meeting

#111, Building B, South Florida Community College, 600 W. College Drive, Avon Park

C. Other meetings:

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

A. Request approval to pay all duly authorized bills and employee benefits July 18, 2006 General ………………………………………. 1,014,443.11 County Transportation Trust …………………. 21,813.92 E911 Operations Fund …………………………… 283.84 Intergovt Radio Communications ……………… 1,586.50 Law Enforcement Education …………………… 4,330.95 Local Govt Infra Surtax……….……………….. 17,554.82

Tourist Development Trust Fund ……………… 2,430.06 Community Development Block …………………. 652.80 Affordable Housing Asst …………………………1,705.00 Hurricane Housing Rec Pro …………………….. 2,833.75 Fire Inspection ………………………………………. 35.27 Law Library Trust Fund ……………………………875.00

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Court Tech ………………………………………... 3,811.66 Building Code Enforcement Fund ………………. 4,388.38 Solid Waste ...……………………………………. 47,970.33 Placid Utilities ...………………………………….. 4,562.42 Highway Park Utility …………………………….. 1,729.00 Risk Retention Fund ………………………………. 293.66 Employee Benefit Fund …………………………….. 38.46

B. Request approval of Release of a Notice of Nuisance on CE 05090067, 3105 Howze Ave.,

Sebring, FL. See Subdivision file. C. Request approval of a Notice of Nuisance on CE 06050041, 3051 Glacier Ave., Avon Park,

FL. See Subdivision file. D. Request approval of a Notice of Nuisance on CE 06040082, 3806 Rushlo Street, Sebring,

FL. See Subdivision file. E. Request approval of a Notice of Nuisance on CE 05080144, 4604 High Avenue, Sebring,

FL. See Subdivision file. F. Request approval of a Notice of Nuisance on CE 04110033, 2101 E. Claradge Ave., Avon

Park, FL. See Subdivision file. G. Request approval of a Contract for irrigation at sports complex. See file for copy. H. Request approval of Multi-Path Grant in Aid Agreement for Golden Key Warehouses,

location Section 35, Township 33 South Range 28 East. See file for copy. I. Request approval plat recordation of The Landings Subdivision and Multi-Path Grant-

in-Aid Agreement, location Section 11, Township 37 South, Range 29 East J. Request approval to accept & execute Hazardous Analysis Grant for $5,231.00 between

State of Florida Department of Community Affairs and Highlands County, and Resolution and budget amendment 05-06-236. See grant file.

K. Request approval to accept into the record the Annual Local Government Financial Report for Sebring Regional Airport & Industrial Park for FY ending 9-30-2005. See file for copy.

L. Request approval & execution of 911 Resolution authorizing the telephone company to continue deducting $.50 per month per line. See Res. Book 19 Page 125.

M. Request approval of Budget Amendment 05-06-233

5. ACTION: Motion by Commissioner Stokes, seconded by Commissioner Stewart, to set action agenda as amended, removing Item 5-D, and adding an item. Upon roll call, all Commissioners voted aye. Motion carried.

A. Commander R.E. Snidow, Military Order of the Purple Heart: Request approval of a Proclamation recognizing Purple Heart Day

Commander R.E. Snidow, presented the request. Commissioner Stewart read the proclamation into the record. Motion by Commissioner Stokes, seconded by Commissioner Stewart, to adopt the proclamation, recognizing August 7, 2006 as Purple Heart Day. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 126.

B. 1. Rhonda Beckman – Ridge Area ARC Rhonda Beckman, representing the Ridge Area ARC, presented the Board with the 2005 Distinguished Community Service Award. Commissioner Maxcy accepted the award on behalf of the Board.

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2. County Engineer and Steve L. Elias, P.E., Envisors, Project Manager and Jeffrey F. Spence, Polk County, Environmental Affairs Officer: Presentation on Final Water Supply Phase III Plan

County Engineer, Ramon Gavarrete, briefly explained the history of the Heartland Water Alliance and the Water Supply Plan. Robert Diefendorf, Transportation/Utilities Project Manager, introduced Steve Elias and Roger Holman of Envisors. Steve Elias and Roger Holman gave a brief overview of the three year study of the Water Supply Plan they prepared for the Heartland Water Alliance. See file for copy.

C. Human Resources Director and Ross Furry, Executive Director of Public Risk Management of Florida: Presentation of a Safety Award

Human Resources Director, Freddie Carino, introduced Ross Furry, the Executive Director of Public Risk Management of Florida. Mr. Furry presented Highlands County with the “2005 Most Improved Workplace Safety Performance–Large Entity Class” award, which recognizes outstanding improvement in reduction of on the job injuries. Commissioner Maxcy accepted the award on behalf of the County.

D. County Administrator: Recommendation of Keith Albritton as Animal Control Director

6. COMMISSIONERS: Commissioner Stewart commented on the opening showing she attended at the Lake Wales Museum for local artist Alice Hansen. 7. ADJOURN The meeting adjourned at 10:20 A.M.

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Barbara Stewart 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Commissioner Edgar Stokes. The Pledge of Allegiance was led by Commissioner Barbara Stewart. 3. ANNOUNCEMENTS

1. Clerk No report.

2. Upcoming County meetings were entered into the record by County Administrator, Carl Cool. July 26 4:00 p.m. Natural Resources Advisory Commission

(NRAC) 501 South Commerce Ave., Sebring (Eng. Training Room)

July 27 9:00 a.m. Keep Highlands County Beautiful Illegal Dump Committee

600 S. Commerce Ave., Sebring, (Room 251)

3. Other meetings:

Parks & Recreation Director, Vicki Pontius, introduced Dan Andrews, President of the Greater Sebring Chamber of Commerce. Mr. Andrews thanked the Board and County Staff for their efforts and support of the recent Heartland Triathlon that was held. He also congratulated Staff members Carl Cool and Vicki Pontius for competing and finishing their first triathlon, and Jim Polatty, who competed and was awarded 4th place finish in his age group. 4. CONSENT AGENDA: Motion by Commissioner Stokes, seconded by Commissioner Jackson, to approve agenda as amended, removing Item 4-V, to be placed on action agenda. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits July 25, 2006 General ………………………………………. 297,840.23 County Transportation Trust ……………….. 28,936.29 E911 Operations Fund ………………………… 4,751.36 Legal Aid ………………………………………. 3,437.27 Local Govt Infra Surtax……….…………….. 222,928.34

Tourist Development Trust Fund ……………. 3,991.14 Community Development Block ……………….. 522.24 Affordable Housing Asst ………………………. 3,102.46 Sebring Parkway Maint …………………………. 850.00 Law Library Trust Fund ………………………. 1,131.99

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Court Tech ……………………………………… 5,261.50 Building Code Enforcement Fund …………….. 713.42 Solid Waste ...…………………………………. 37,004.54 Placid Utilities ...……………………………….. 1,868.95 Highway Park Utility ………………………….….. 22.66 Risk Retention Fund ……………………………..…. .38 Employee Benefit Fund ………………………… 3,285.68

B. Request approval of the minutes of the June 27, and July 11, and 18, 2006 board meeting C. Request approval of Satisfaction of Mortgage for Joy Marie Bennett. See Satisfaction

file. D. Request approval of Satisfaction of Mortgage for Michelle & Marilyn Owens Rodriguez.

See Satisfaction file. E. Request approval of Satisfaction of Mortgage for Jose Antonio Carias, Sr. See

Satisfaction file. F. Request approval of Satisfaction of Mortgage for Lucy J. Matos and Larry Matos. See

Satisfaction file. G. Request approval of Satisfaction of Mortgage for Richard Lopez, Bernardino Feliciano

and Minerva Lopez. See Satisfaction file. H. Request approval of Satisfaction of Mortgage for Lucy J. Hall. See Satisfaction file. I. Request approval of Satisfaction of Mortgage for Cyrus and Bathsheva Sumpter. See

Satisfaction file. J. Request approval of Satisfaction of Mortgage for Adam & Amelia Martin. See

Satisfaction file. K. Request approval of Satisfaction of Mortgage for Dustin Fitch. See Satisfaction file. L. Request approval of a Release of Notice of Nuisance on CE 04040059, 3637 Godwin Rd.,

Lorida, FL. See Subdivision file. M. Request approval of a Release of Notice of Nuisance on CE 050100057, 6004 Oak Leaf

Ave., Sebring, FL. See Subdivision file. N. Request approval of a Release of Notice of Nuisance on CE 05100058, 6008 Oak Leaf

Ave., Sebring, FL. See Subdivision file. O. Request approval of a Release of Notice of Nuisance on CE 05050175, 2701 Hacienda

Drive, Lorida, FL. See Subdivision file. P. Request approval of a Release of Notice of Nuisance on CE 05100056, 6000 Oak Leaf

Ave., Sebring, FL. See Subdivision file. Q. Request approval to waive the tipping fees for the Caladium Festival to be held August

24, 25 & 26, 2006 (waste will be taken to the landfill on August 28, 2006). See SMB 48 Page 97.

R. Request approval of a Release of Unity of Title Agreement for Lee R. Carrato S. Request approval of Technical and Clarifying Revision to the 2004-2007 Local Housing

Assistance Plan (LHAP). See file for copy. T. Request approval to accept into the record the quarterly report for the third quarter

2005/2006 U. Request approval of revised procedures for dedication of right of way. See file for copy. V. Request approval to abolish the Water Advisory Committee

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5. PRESENTATION: Sheriff Susan Benton: Presentation of Quarterly Report Major David Paeplow presented a Quarterly Report of the Highlands County Sheriff’s Office, giving some quarterly information collected from the law enforcement bureau and the detention bureau. See SMB 48 Page 98.

6. PUBLIC HEARING: Public Hearing on proposed Occupational License Ordinance Proof of Publication for this hearing was entered into the record. See Proof of Pub. Ord. Book 4 Page 6. Board Attorney, Ross Macbeth, read the caption of the ordinance into the record. Two drafts of the ordinance were presented, both repeal chapter 6 of the Code of Ordinances, pertaining to occupational licenses, and has been recommended by the Tax Collector and the County Administrator. He pointed out some revisions that have been made to the chapter pertaining to fortune tellers and clairvoyants. Due to there no longer being any documentation in the Florida Administrative Code or state statutes for regulation of non-emergency medical transportation services, Mr. Macbeth stated he drafted one ordinance to include County regulations for the services, and one repealing the license requirement for these services. EMS Director, Rick Weigand, advised the State no longer regulates these services, but the County has continued to do it based on the local ordinance. Commissioner Bullard expressed concerns about not regulating non-emergency medical transport, and maintaining a certain level of protection for citizens. Commissioners Stewart and Jackson expressed concern about enforcement. Motion by Commissioner Jackson, seconded by Commissioner Maxcy, to adopt the ordinance repealing chapter 6 of the Code of Ordinances, pertaining to occupational license tax, providing for permitting of fortunetellers, clairvoyants, etc., and providing for licensing of non-emergency medical transportation services and vehicles. Upon roll call, all Commissioners voted aye. Motion carried. 7. PUBLIC HEARING: Public Hearing on proposed Parking Ordinance Proof of Publication for this hearing was entered into the record. See Proof of Pub Ord. Book 4 Page 7. Board Attorney, Ross Macbeth, presented the ordinance for approval and read the caption of the ordinance into the record. Mike Durham, Legal Counsel for the Sheriff’s Office, requested that part of the section pertaining to Liability for Parking Ticket Violations be removed, citing possible issues that could arise for the Sheriff’s office. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to adopt the ordinance, providing for a comprehensive parking code, as amended. Upon roll call, all Commissioners voted aye. Motion carried. 8. PUBLIC HEARING: To consider a motion to adopt a Resolution to vacate a 2.0 foot wide

strip of the East and West side of land lying in Lot 6, Block 10, Harder Hall Country Club II, according to the Plat thereof as recorded in plat book 13, page 46 of the public records of Highlands County (as per described in resolution)

County Engineer, Ramon Gavarrete, presented the request. Motion by Commissioner Stokes, seconded by Commissioner Maxcy, to adopt the resolution vacating the easement as described. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 127. 9. PUBLIC HEARING: To consider a motion to adopt a resolution to vacate a portion of a

utility/drainage easement being the northerly 1 ½ Feet of lot 17, Block 31, Orange Blossom Country Club as shown in plat book 10, page 6, of the public records of Highlands County, Florida

County Engineer, Ramon Gavarrete, presented the request. Motion by Commissioner Stokes, seconded by Commissioner Jackson, to adopt the resolution vacating the easement as described. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 128.

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10. PUBLIC HEARING: Second Public Hearing, enabling Resolution and Commitment Letter for CDBG ED-2006

Housing Coordinator, Penny Phillippi, stated this second public hearing is being held to discuss the proposed project for the Community Development Block Grant program. Corbett Alday, of Guardian Community Resource Group, briefly described the assisted living facility project being proposed in the Economic Development category. Motion by Commissioner Stokes, seconded by Commissioner Jackson, to approve the pursuit of the application for funds in the FY 2006 CDBG category of Economic Development, and approve the enabling resolution. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 129. 11. PUBLIC HEARING: Public Hearing to consider Four (4) zoning changes: Proof of Publication for the following hearings was entered into the record. See SMB 48 Page 99.

1) OLD BUSINESS: HEARING #1853 – FLAMINGO PROPERTIES, LLC - C/O CLIFFORD R. RHOADES Approximately 5 acres located on the East shore of Little Lake Jackson on Tubbs Road, and located as follows: Approximately 5 acres located in Sec. 6, Twp. 35S, Rge. 29E, Highlands County, Florida. Request: A zoning change from AU (Agricultural) to R-3 (Multiple Dwelling district.) Applicant desires to construct multi-family residential.

Development Services Director, Jim Polatty, presented the request. County Engineer, Ramon Gavarrete, stated that some modifications will need to be made to the site plan. Cliff Rhoades, representing the applicant, briefly explained the project. County Administrator, Carl Cool, stated concerns about maintenance of the canal. Larry Shuman expressed concerns about the canal and safety issues for the residents. Commissioner Stewart stated concerns about maintenance of and access to the canal. Commissioner Stokes expressed concern about liability issues. Board Attorney, Ross Macbeth, stated that liability issues could be addressed through a condominium association. Mr. Rhoades stated his client is willing to work with the County in installing a fence between the canal and the buildings, and take over maintenance of the canal once construction begins. Mr. Macbeth stated the request could be approved contingent upon documents being prepared that will address release of liability, canal maintenance, and fence issues. Motion by Commissioner Stokes, seconded by Commissioner Jackson, in accordance with the Planning and Zoning Commission move to approve P&Z 1853, amending the Zoning Atlas from AU (Agricultural district) to R-3 FUD (Multiple Dwelling district with a Flexible Unit Development) for 5.0 acres, contingent upon documents being presented back to the Board for approval at the August 22, 2006 Public Hearing, outlining release of liability, canal maintenance, and fencing issues, based on the site plan as presented with the conditions that all accessory uses be hidden from view from the adjacent land uses and from Tubbs road, and the Mandatory Findings of Fact be included along with the “letter of intent” for Palm Creek Townhouses with changes as follows: Item 1 – Site Plan provides for forty (40) units. Items 2 and 3 remain the same. Item 4 – Reads the same except including an additional last sentence as follows: If flipped, the North building setback would be eight (8) feet to the North property line. Upon roll call, all Commissioners voted aye, except Commissioner Stewart, who voted nay. Motion carried.

2) HEARING #1851 – SCOTT DASILVA – C/O CLIFFORD R. RHOADES Approximately 1.2 acres located on the South side of U.S. 98 in Lorida, between Palms Estate Road and Pine Terrace, and legally described as follows: Lots 7, 8, 11, and 12, Block 2, Lorida Heights as recorded in P.B. 6, PG. 39A and Replat of Lorida Heights, as recorded in P.B. 8, PG.

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48, both of the Public Records of Highlands County, Florida. Request: A zoning change from B-1 (Neighborhood Business district) to B-3 (Business district.) Applicant desires filling station and other retail space.

Development Services Director, Jim Polatty, presented the request. Cliff Rhoades, representing the applicant, stated his client is willing to place a restrictive easement on the property, eliminating certain uses. Robert Beech, Eugene Burger, Merrill Gutzmer, and Earl Gutzmer spoke in opposition to the request. Motion by Commissioner Stewart, seconded by Commissioner Jackson, move to deny P&Z 1851, changing the Zoning Atlas for 1.2 acres from B-1 (Neighborhood Business district) to B-3 (Business district), referencing the mandatory findings. Upon roll call, all Commissioners voted aye. Motion carried.

3) HEARING #1870 – SEBRING GRACE BRETHREN CHURCH, INC. – C/O ROGER DALE POLSTON ENGINEERING, INC. Approximately 5 acres located at the Southeast corner of Thunderbird Road and Thunderbird Hill Road, and abbreviated legal described as follows: Approximately 4.28 acres located in Sec. 27, Twp. 34S, Rge. 28E, Highlands County, Florida. Request: A zoning change from AU (Agricultural) to R-1 (Residential district). Applicant desires church and church uses.

Development Services Director, Jim Polatty, presented the request. Dale Polston, representing the applicant, briefly explained the request. Motion by Commissioner Maxcy, seconded by Commissioner Jackson, in accordance with the Planning and Zoning Commission move to approve and adopt by Resolution P&Z 1870 changing the Zoning Atlas for 4.28 acres from AU (Agricultural district) to R-1 (Residential district), referencing the mandatory findings, becoming effective as provided by law. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 130.

4) HEARING #1871 – DONALD P. COCHRAN & DONNA M. COCHRAN & RONALD P. COCHRAN & GELENE P. COCHRAN – C/O GLUNDA A. JONES

Approximately 1.5 acres located on the West side of Sparta Road, just South of U.S. 27, and abbreviated legal described as follows: Approximately 1.5 acres located in Sec. 6, Twp. 35S, Rge. 29E, Highlands County, Florida. Request: A zoning change from B-2 CU (Business district with a Conditional use district) to R-3 (Multiple Dwelling district). Applicant desires to construct multiple-family dwellings.

Development Services Director, Jim Polatty, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Maxcy, in accordance with the Planning and Zoning Commission move to approve and adopt by resolution of P&Z 1871 amending the Zoning Atlas from B-2CU (Business district with a Conditional Use district) to R-3 (Multiple Dwelling district), referencing the mandatory findings, becoming effective as provided by law. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 131. Lunch Break 12:45 – 2:00 P.M. 12. PUBLIC HEARING: Public Hearing on proposed Impact Fees Ordinances County Administrator, Carl Cool, presented the proof of publication for this hearing. See Proof of Pub. Ord. Book 4 Page 8. Board Attorney, Ross Macbeth, read a caption of the ordinance into the record. Bob Nabors, with Tindale-Oliver & Associates, briefly explained the impact fee ordinance. Bob Wallace gave a power point presentation, summarizing the history of meetings for Highlands

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County, recommendations from the Steering Committee, and Impact Fee Rate comparisons. Board Attorney, Ross Macbeth, went over the final draft of the ordinance and some of the changes that have been made. Public input was received from the following: Wendy Renfro, G.C. Warren Jr., Mick Grosh, Gabriel Reed, Larry Shuman, M.K. Hall, Michael Carr, Hank Kowalski, Chip Boring, Lisa Bond, Don Linton, John Shoop, David Jensen, John Payne, Charlie Kidd, Joe Davis Jr., Ronnie Carter, Harold Owen, Greg Arnone, John Borgemeister, Jeff Parker, Bernie Gandy, Clarence Polston, Ted Best, Steve Fruit, Doug Walz, Mike Patel, Ray Royce, Cliff Rhoades, Conda Ruckman, B.J. Carlson, Ken Poe, Jean Warren, and Leslie Connerly. Commissioner Bullard stated that some kind of decision needs to be made. Commissioner Maxcy stated there are still unanswered questions, and suggested delay action for one year. Commissioner Stokes stated his opposition to raising ad-valorem taxes, and suggested delaying action for one month. Commissioners Stewart and Jackson spoke in opposition to delaying action any longer. Commissioner Maxcy made a motion to delay action to a public hearing date of November 1, 2006 and implementation on January 1, 2007. Mr. Macbeth advised that statutes require a minimum of 90 days from the time of adoption to implementation. Commissioner Maxcy withdrew his motion. Motion by Commissioner Jackson, seconded by Commissioner Stokes, to schedule a public hearing for August 22, 2006 at 9 a.m. or soon thereafter as possible in the Boardroom, to consider adoption of the Impact Fee Ordinance. Upon roll call, all Commissioners voted aye, except Commissioner Maxcy, who voted nay. Motion carried. Break 5:25 – 5:35 P.M. 13. ACTION: Motion by Commissioner Jackson, seconded by Commissioner Maxcy, to set agenda as amended, adding Consent Item 4-V under County Administrator. Upon roll call, all Commissioners voted aye. Motion carried. (Commissioner Stokes was absent from this vote.)

A. County Administrator: 1. Request approval of Budget Amendment 05-06-226 decreasing fund 110 Reserve for

Contingency County Administrator, Carl Cool, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Maxcy, to approve the budget amendment as presented. Upon roll call, all Commissioners voted aye. Motion carried. (Commissioner Stokes was absent from this vote.)

3. Request approval to abolish the Water Advisory Committee

Don Linton, former Chairman of the Water Advisory Committee, presented the request. He proposed looking at the possibility of putting together some type of committee to develop a long range plan and a long range funding source to fund the lakes of the County. Commissioner Bullard suggested Mr. Linton meet with the County Administrator, Lakes Manager, and the Soil & Water Conservation District, to come up with a structure to accomplish that. Motion by Commissioner Jackson, seconded by Commissioner Stewart, to abolish the Water Advisory Committee. Upon roll call, all Commissioners voted aye. Motion carried. Chairman Bullard instructed the County Administrator to send a letter to each member of the Water Advisory Committee, thanking them for their dedicated service. See SMB 48 Page 100.

2. Request to select a Canvassing Board member

Chairman Bullard presented the request. Motion by Commissioner Stewart, seconded by Commissioner Maxcy, to nominate Commissioner Jackson to serve as a member of the Canvassing Board. Upon roll call, all Commissioners voted aye. Motion carried.

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14. COMMISSIONERS: Commissioner Stewart advised she would be absent from next week’s board meeting. 15. ADJOURN The meeting adjourned at 5:50 P.M.

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REGULAR MEETING OF THE BOARD AUGUST 1, 2006 1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at


Bob Bullard Carl Cool C Guy Maxcy Rick Helms


Jodi Pifer Commissioner Stewart was absent from today’s meeting. 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Commissioner Guy Maxcy. The Pledge of Allegiance was led by Harold Linville, Commander of the Disabled American Veterans. 3. ANNOUNCEMENTS

A. Clerk Deputy Clerk, Bob Jamison, presented a report of Weekly Court Services for the week ended July 28, 2006 as provided by the Highlands County Clerk of Courts, L.E. “Luke” Brooker. See SMB 48 Page 101.

B. Upcoming County meetings were entered into the record by County Administrator, Carl Cool. Aug 01 3:00 p.m. Highlands Soil & Water Conservation District #3, Ag-Center, 4509 George Blvd. Aug 01 7:00 p.m. Construction Licensing, Enforcement & Appeals

Board Board room, 600 S. Commerce Ave.

Aug 02 1:30 p.m. Transportation Disadvantaged Local Coordinating Board


Aug 03 10:30 a.m. HC Housing Department #3, Ag-Center, 4509 George Blvd.

C. Other meetings: The Lake Placid Growth Management Committed will meet at 4 p.m. today at the Lake Placid Town Hall.

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

A. Request approval to pay all duly authorized bills and employee benefits August 1, 2006 General ………………………………………. 2,386,372.14 County Transportation Trust ………………… 36,840.29 E911 Operations Fund ……………………………… 64.89 Law Enforcement Education …………………… 8,262.56 Local Govt Infra Surtax……….……………… 146,130.30

Community Development Block ……………… 15,603.45 Special Law Enforcement …………………………. 500.00 Law Library Trust Fund ………………………. ….. 67.16 Court Tech ……………………………………….. 3,400.99 Building Code Enforcement Fund …………………722.40

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HCISSRB Construction Fund ………………... 120,500.00 Solid Waste ...…………………………………… 16,905.59 Placid Utilities ...………………………………… 6,016.77 Highway Park Utility ………………………….… 2,020.25 Tax Deed Surplus Fund …………………………. 8,466.88

B. Request approval of a Satisfaction of Lien on CE 05050175, 2701 Hacienda Drive, Lorida, Highlands County, FL. See Subdivision file.

C. Request approval of a Release of Nuisance on CE 04080081, 510 Broad Street, Sebring, Highlands County, FL. See Subdivision file.

D. Request approval of a Notice of Nuisance on CE 06020040, 6240 CR 17 South, Sebring, FL. See Subdivision file.

E. Request approval of Plat Recordation for Moss Hammock, Section 34, Township 34 South, Range 28 East

F. Request approval of Plat Recordation for Golf Hammock, Unit 6, Section 34, Township 34 South, Range 28 East

G. Request approval of the Resolution for Heath Facility Authority Revenue Bonds. See Res. Book 19 Page 132.

H. Request approval of the Site Electrical Contract for the sports complex. See file for copy. I. Request approval of the Fence Contract for the sports complex. See file for copy. J. Request approval and execution of the Florida Department of Environmental Protection

2006/2007 Small County Solid Waste Grant Agreement, Grant no. SC716. See file for copy.

K. Request approval of Budget Amendments 05-06-241; 249;250;253 L. Request approval of Resolutions and budget amendment 05-06-252. See Res. Book 19

Page 133. M. Request approval of Resolution & budget amendment 05-06-254. See Res. Book 19 Page

134.

5. ACTION: Motion by Commissioner Stokes, seconded by Commissioner Maxcy, to set action agenda as amended, removing Item A-4 from agenda, and adding Item A-5. Upon roll call, all Commissioners voted aye. Motion carried.

A. County Administrator: 1. Recommendation of Keith Albritton as Animal Control Director

County Administrator, Carl Cool, presented the request. Motion by Commissioner Maxcy, seconded by Commissioner Jackson, to re-appoint Keith Albritton as Animal Control Director for a maximum 12 month term. Upon roll call, all Commissioners voted aye. Motion carried.

2. Request approval of budget amendments 05-06-242; 251 decreasing Sheriff’s Fund 005 Reserve and the board’s Reserve

County Administrator, Carl Cool, presented the request. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to approve the budget amendments as presented. Upon roll call, all Commissioners voted aye. Motion carried.

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3. Request for Certification of Millage Rate County Administrator, Carl Cool, presented the request. Assistant County Administrator, Rick Helms, stated the first budget hearing is set for Thursday, September 7, 2006 at 5:30 P.M. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to approve certifying the millage at 8.5 mils. Upon roll call, all Commissioners voted aye. Motion carried.

4. Request approval of Addendum #2 under Tindale-Oliver Contract and budget amendment 05-06-255 decreasing fund 005 Reserve for Contingency

5. Request approval of Plat recordation of the Cloverleaf Trails Subdivision and the

Improvement Escrow Agreement County Administrator, Carl Cool, presented the request. Motion by Commissioner Jackson, seconded by Commissioner Stokes, to approve the Plat recordation of the Cloverleaf Trails Subdivision and Improvement Escrow Agreement. Upon roll call, all Commissioners voted aye. Motion carried. 6. COMMISSIONERS: Commissioner Maxcy commented on Desoto County’s impact fees. Commissioner Stokes stated that SFWMD would like to have a memorial set at the new park that will be built on the Istokpoga Canal, for Richard Coleman, who was very active during the Kissimmee River Restoration. Staff was instructed to do some more research on this and come back to the Board with a recommendation. 7. ADJOURN The meeting adjourned at 9:22 A.M.

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Barbara Stewart Jodi Pifer 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Commissioner Andrew Jackson. The Pledge of Allegiance was led by County Administrator, Carl Cool. 3. ANNOUNCEMENTS

A. Clerk Deputy Clerk, Bob Jamison, presented a report of Monthly Business Services for July as provided by the Highlands County Clerk of Courts, L.E. “Luke” Brooker. See SMB 48 Page 103.


Aug 07 8:00 a.m. Industrial Development Authority & Economic Development Commission

2113 US 27 South, Sebring

Aug 07 6:30 p.m. Highway Park Neighborhood Preservation & Enhancement District Council


Aug 14 9:00 a.m. HC Homeowner’s Association, Inc. 3240 Gran Prix Drive, Sebring Aug 08 2:30 p.m. Historic Preservation Commission 501 S. Commerce Ave. Aug 08 3:00 p.m. Zoning Board of Adjustment 600 S. Commerce Ave., Sebring Aug 08 3:00 p.m. P & Z and the local Planning Agency 600 S. Commerce Ave., Sebring Aug 09 7:30 a.m. IDA/EDC Board of Directors 2113 US 27 South, Sebring Aug 09 9:00a.m. Local Mitigation Strategy Working Group #251, 600 S. Commerce Ave., Sebring

C. Other meetings:

4. CONSENT AGENDA: Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to approve agenda as amended, pulling Item 4-H from agenda. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits August 8, 2006 General ………………………………………. 311,751.02 County Transportation Trust ………………. 38,188.58 E911 Operations Fund ………………………. 19,176.65 Local Govt Infra Surtax……….……………… 51,091.58 Tourist Dev Trust Fund ……………………… 25,788.71

Community Development Block ……………… 9,819.47 Affordable Housing Asst ……………………. 11,188.18 Home Initiatives Partner ……………………… 5,280.00 Hurricane Housing Rec Pro ………………….. 8,285.00 Fire Inspection ……………………………………. 35.25 Sebring Parkway Maint ………………………….. 56.26

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Law Library Trust Fund …………………………. 12.84 Court Tech …………………………………… 15,075.00 Building Code Enforcement Fund ………….. 22,082.26 Solid Waste ...…………………………………153,478.28 Placid Utilities ...………………………………… 147.12 Highway Park Utility ……………………………. 896.62 Risk Retention Fund ………………………………. 4.31 Employee Benefit Fund ……………………………12.93 Tax Deed Surplus Fund …………………….. 98,896.04

B. Request approval to accept into the record the summary of June 2006 Court-related

Funds Revenue and Expenditures. See SMB 48 Page 104. C. Request approval of the Highlands County Recommended Homeowner Ranking for

CDBG 2005-2006 and Highlands County Recommended Approved Contractor List for CDBG 2005-2006. See SMB 48 Page 105.

D. Request approval of a Release of Nuisance on CE 05060061, 6412 Hancock Road, Sebring, Highlands County, FL. See Subdivision file.

E. Request approval of a Release of Nuisance on CE 05100059, 6012 Oak Leaf Avenue, Sebring, Highlands County, FL. See Subdivision file.

F. Request approval of a plat recordation for Villages of Highlands Ridge Phase VII-C, Section 04, Township 34 South, Range 29 East

G. Request approval of the appointment of Mike McMillian to the Natural Resources Advisory Commission as the environmental representative. See SMB 48 Page 106.

H. Request approval of Professional Services Acquisition Committee members I. Request approval to declare a nuisance on 149 Lake June Drive., Case # CE05030152.

See Subdivision file. J. Request approval of Budget Amendments 05-06-256; 257

5. WORKSHOP: Workshop on infrastructure costs County Administrator, Carl Cool, stated the purpose of this workshop is to discuss infrastructure costs and the possibility of issuing debt to help pay for infrastructure. Assistant County Administrator, Rick Helms, gave a power point presentation, summarizing the different types of bonds that are available to the County, and other potential sources of revenue that might be available. County Engineer, Ramon Gavarette, gave some predictions of increases for costs of materials and construction and land purchase that were obtained from the Florida Department of Transportation. Mr. Helms stated that if the board decides to move in the direction of bond issuance, Staff would ask their financial advisor to do an in depth study on what the County would be looking for in the form of debt service for the various projects. 6. WORKSHOP: Budget Workshop County Administrator, Carl Cool, presented the Board with a recommended budget for FY 2006-07. Assistant County Administrator, Rick Helms, gave a power point presentation on the budget impacts for the upcoming fiscal year. Commissioner Stewart questioned staff on several items within the budget. The Board reached a consensus to leave money in the budget for the Affordable Housing Trust Fund, and to fund the renovation of the Hammock Road volunteer fire station to house an EMS unit.

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A. County Administrator: 1. Request approval of budget amendment 05-06-259 decreasing fund 005 Reserve for

Contingency County Administrator, Carl Cool, presented the request. Motion by Commissioner Stokes, seconded by Commissioner Maxcy, to approve the budget amendment as presented. Upon roll call, all Commissioners voted aye. Motion carried.

8. COMMISSIONERS: Commissioner Stokes stated that Richard Coleman’s wife has requested that the new park that will be built on the Istokpoga Canal be named after her husband. The consensus of the Board was to suggest to SFWMD to have a plaque made and placed somewhere along the canal. Commissioner Stewart reported on the Sebring Chamber of Commerce meeting she attended this morning. 9. ADJOURN The meeting adjourned at 1:15 P.M.

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C Guy Maxcy Carl Cool Edgar Stokes Bob Jamison


2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Board Attorney, Ross Macbeth. The Pledge of Allegiance was led by Deputy Clerk, Bob Jamison. 3. ANNOUNCEMENTS

A. Clerk Deputy Clerk, Bob Jamison, presented a report of Weekly Court Services for the week ended August 11, 2006 as provided by the Highlands County Clerk of Courts, L.E. “Luke” Brooker. See SMB 48 Page 107.


Aug 17 9:30 a.m. HC Community Health Improvement Planning Committee


Aug 21 6:30 p.m. Highway Park Neighborhood Preservation & Enhancement District Council


C. Other meetings: The Board of Realtors will meet on Thursday, August 17 for a luncheon at

Homer’s Restaurant.

Commissioner Maxcy presented the 2006 National Purchasing Institute’s 11th Annual Achievement of Excellence in Procurement Award to the County’s Purchasing Department. General Services/ Purchasing Director, Jed Secory, accepted the award on behalf of his department.

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

A. Request approval to pay all duly authorized bills and employee benefits August 15, 2006 General ………………………………………. 187,406.64 County Transportation Trust ………………. 26,705.72 E911 Operations Fund ……………………………. 14.73 Conservation Trust Fund ………………………2,200.00 Intergovt Radio Communication ………………6,537.55 Law Enforcement Education …………………. 4,820.50 Local Govt Infra Surtax……….…………….. 53,054.35 Tourist Dev Trust Fund ……………………….. 1,306.85

Community Development Block ……………….. 652.80 Affordable Housing Asst ……………………… 9,670.00 Hurricane Housing Rec Pro …………………. 41,470.00

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Law Library Trust Fund ……………………… 1,279.75 Court Tech ……………………………………….. 772.76 Building Code Enforcement Fund ……………. 1,743.25 Solid Waste ...…………………………………. 21,627.77 Placid Utilities ...…………………………………… 4.47 Highway Park Utility …………………………….. 28.11 Risk Retention Fund ……………………………….. .90 Employee Benefit Fund ……………………………. 5.15

B. Request approval of a Resolution in support of the Florida Highway Beautification Council Grant. See Res. Book 19 Page 136.

C. Request approval to waive county’s two-step Surplus Disposal process, declare indicated items Surplus, and allow donation of said Surplus Record Set 4327 Polaris to Friends of the Library in Avon Park, Sebring and Lake Placid and the Rotary Club. See SMB 48 Page 108.

D. Request approval to declare attached county property as Surplus, waive two-step Surplus Disposal process, and allow said Surplus to be disposed of by utilizing our contract with GovDeals and Internet Auction service company. See SMB 48 Page 109.

E. Request approval of a tourism grant in the amount of $2,000.00 for the Heartland Riders Association for a promotional brochure for the 3rd Annual Run to the Heartland

F. Request approval of a tourism grant in the amount of $1,000.00 for the Caladium Arts & Crafts promotional brochures

G. Request approval a tourism grant in the amount of $2,000.00 for the Friends of Highlands Hammock State Park, Inc. for promotional brochures for Music in the Park

H. Request approval of a tourism grant in the amount of $2,000.00 for Friends of Highlands Hammock State Park, Inc. for advertising for Music in the Park

I. Request approval of a tourism grant in the amount of $5,000.00 for the Heartland Riders Association for the Annual Run to the Heartland for advertising

J. Request approval of a tourism grant in the amount of $2,000.00 for Friends of Highlands Hammock State Park, Inc. for promotional brochures/advertising for Civilian Conservation Corps Festival

K. Request approval of a tourism grant in the amount of $1,000.00 for Primal Connection, Inc. for advertising the Community Drum Circle Events

L. Request approval of a Cooperative Funding Agreement between the Southwest Florida Water Management District and Highlands County for Consulting Services in the Upper Josephine/Jackson Creek Watershed (B198). See file for copy.

M. Request approval of Budget Amendments 05-06-262; 263; 264 N. Request approval of Resolutions & budget amendments 05-06-261; 266. See Res. Book

19 Page 137.

5. ACTION: Motion by Commissioner Jackson, seconded by Commissioner Stokes, to set agenda as amended, with addition of one item under County Administrator. Upon roll call, all Commissioners voted aye. Motion carried.

A. Legislative Advocate Heather Youmans, Florida Association of Counties: Presentation of Florida Association of Counties’ 2006 County Champion Award to State Representative Denise Grimsley

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Heather Youmans, Health & Human Services Lobbyist for the Florida Association of Counties (FAC), presented State Representative Denise Grimsley with FAC’s 2006 County Champion Award, given to outstanding legislators who have demonstrated support for and understanding of important county issues.

B. Park & Recreation Director and State Representative Denise Grimsley: Presentation of

ceremonial checks for FRDAP Grants – Sports Complex and Resolution and budget amendment 05-06-246

Parks & Recreation Director, Vicki Pontius, thanked Rep. Denise Grimsley for her efforts on the legislative level, for helping the county secure funding in the form of recreational grants from the FDEP. Rep. Grimsley presented the Board with two grant checks, totaling $400,000.00, from the Division of Recreation & Parks for the Sports Complex. See Res. Book 19 Page 138.

C. Sheriff Susan Benton: Request approval of Amendment to Contract for Misdemeanor Offender Supervision Services provided by the Salvation Army adding Sheriff Benton, in her Official Capacity as a Party whereby Agreeing to Monitor Compliance with Criminal Justice Information Services as required by Code of Federal Regulations and Florida Law for the enhanced monitoring of sexual predators and offenders

Mike Durham, Legal Counsel for the Sheriff’s Office, presented the request. Motion by Commissioner Jackson, seconded by Commissioner Stewart, to approve the request as stated. Upon roll call, all Commissioners voted aye. Motion carried. See file for copy.

6. PUBLIC HEARING: Public Hearing for adoption of the 2006-01 comprehensive Plan

FLUM amendments, second hearing for adoption of Large Scale Plan Text amendments (CPA-06-379LS) DCA No. Highlands 06-1 and Highland 06-1 Large Scale Plan Text amendment 10 Year CIP

7. PUBLIC HEARING: Public Hearing to consider an Ordinance pertaining to Code Enforcement

Proof of Publication for this hearing was entered into the record. See Proof of Pub. Book 4 Page 9. Board Attorney, Ross Macbeth, presented the request, and read a caption of the ordinance into the record. Motion by Commissioner Stewart, seconded by Commissioner Jackson, to adopt the ordinance providing for code enforcement. Upon roll call, all Commissioners voted aye. Motion carried. 8. PUBLIC HEARING: Public Hearing to consider an Ordinance providing for appointment

and compensation of members of the Highlands County Planning and Zoning Commission Proof of Publication for this hearing was entered into the record. See Proof of Pub. Book 4 Page 10. Board Attorney, Ross Macbeth, presented the request, and read a caption of the ordinance into the record. Motion by Commissioner Jackson, seconded by Commissioner Stewart, to adopt the ordinance providing for appointment and compensation of members of the Highlands County Planning & Zoning Commission. Upon roll call, all Commissioners voted aye. Motion carried. 9. PUBLIC HEARING: Public Hearing to consider an Ordinance providing for the funding a

Criminal Justice Education and Training Programs Proof of Publication for this hearing was entered into the record. See Proof of Pub. Book 4 Page 11. Board Attorney, Ross Macbeth, presented the request, and read a caption of the ordinance into the record. Motion by Commissioner Jackson, seconded by Commissioner Stewart, to adopt the

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ordinance providing for the funding of Criminal Justice Education and Training Programs. Upon roll call, all Commissioners voted aye. Motion carried. 10. PUBLIC HEARING: Public Hearing to consider an Ordinance providing for the

appointment, qualifications, and powers and duties of the County Administrator Proof of Publication for this hearing was entered into the record. See Proof of Pub. Book 4 Page 12. Board Attorney, Ross Macbeth, presented the request, and read a caption of the ordinance into the record. Motion by Commissioner Stokes, seconded by Commissioner Stewart, to adopt the ordinance providing for the appointment, qualifications, and powers and duties of the County Administrator. Upon roll call, all Commissioners voted aye. Motion carried. 11. PUBLIC HEARING: Public Hearing to consider an Ordinance repealing Article XXVIII of

Chapter 9 of the Code of Ordinances, Highlands County, Florida, pertaining to the Orange Blossom Country Club Community Special Benefit District

Proof of Publication for this hearing was entered into the record. See Proof of Pub. Book 4 Page 13. Board Attorney, Ross Macbeth, presented the request, and read a caption of the ordinance into the record. Motion by Commissioner Jackson, seconded by Commissioner Stokes, to adopt the ordinance pertaining to the Orange Blossom Country Club Community Special Benefit District. Upon roll call, all Commissioners voted aye. Motion carried. 12. PUBLIC HEARING: Public Hearing to consider an Ordinance providing for water

restrictions Proof of Publication for this hearing was entered into the record. See Proof of Pub. Book 4 Page 14. Board Attorney, Ross Macbeth, presented the request, and read a caption of the ordinance into the record. Motion by Commissioner Stokes, seconded by Commissioner Jackson, to adopt the ordinance providing for water restrictions. Upon roll call, all Commissioners voted aye. Motion carried. 13. PUBLIC HEARING: Public Hearing to consider an Ordinance pertaining to the funding of

Teen Court Proof of Publication for this hearing was entered into the record. See Proof of Pub. Book 4 Page 15. Board Attorney, Ross Macbeth, presented the request, and read a caption of the ordinance into the record. Motion by Commissioner Jackson, seconded by Commissioner Stokes, to adopt the ordinance pertaining to the funding of Teen Court. Upon roll call, all Commissioners voted aye. Motion carried. 14. ACTION (cont’d):

A. County Administrator: Presentation of a request from Barry McBroom to pave Sparkling Drive

County Administrator, Carl Cool, presented the request. He stated this road is a county maintained road, and is on the paving list for 2008/09. Engineering had applied for a permit exemption with the SWFWMD for Summit Road and Sparkling Drive. Motion by Commissioner Jackson, seconded by Commissioner Stewart, to approve paving the road, contingent upon a drainage permit being obtained, and the residents agreeing to pay for the materials to pave the road. Upon roll call, Commissioners Jackson and Stewart voted aye. Commissioners Stokes and Maxcy voted nay. Motion failed. See SMB 48 Page 110.

B. Report on Budget Workshop County Administrator, Carl Cool, stated during the budget workshop, the board requested Staff to look at the amount of money being spent in the Solid Waste department for advertising, and to figure out a

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way to fund the county calendar. Staff could use part of the FDEP Small County Solid Waste Grant to fund the county calendar, and still meet the requirements of the grant by producing special inserts promoting the recycling program and the Solid Waste department. See SMB 48 Page 111.

15. COMMISSIONERS: No reports. 16. CITIZENS NOT ON THE AGENDA: Ronald Ciampi informed the Board of some problems he has encountered in getting a permit to build a dock. The board stated additional information is needed before any decisions could be made. Staff was instructed to agenda this item for the September 5 board meeting. Richard Roberts spoke about the need for impact fees in Highlands County. 17. ADJOURN The meeting adjourned at 10:50 A.M.

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Barbara Stewart 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Development Services Director, Jim Polatty. The Pledge of Allegiance was led by Board Attorney, Ross Macbeth. Supervisor of Elections, Joe Campbell, invited the public to early vote at the Lake Placid Library, Avon Park Library, or the Government Center. The polling places are open Monday thru Saturday from 8 to 4 p.m. 3. ANNOUNCEMENTS

A. Clerk No report.


Aug. 22 5:00 P.M. Workshop Highlands County Planning and Zoning Commission

600 S. Commerce Ave. Room (Boardroom)

Aug. 23 8:00 A.M. Local Mitigation Strategy Working Group 600 S. Commerce Ave. Room # 251 Aug. 23 10:00 A.M. Long Range Transportation Committee 501 S. Commerce Ave. Engineering

Training Room Aug. 23 Noon Highlands County Overall Extension

Advisory Council 4509 George Blvd. (Agric-Civic Center)

Aug. 24 10:00 A.M. E-911 Communication Committee 6800 West George Blvd. (Desoto City Fire Station 19)

Aug. 24 1:15 P.M. Highlands County Hospital Board 600 S. Commerce Ave. (Boardroom) Aug. 28 8:00 A.M. H.C.L.A. Tourist Tax Projects Committee 4344 George Blvd. (Purchasing

Dept)

C. Other meetings: The Caladium Festival is scheduled for this weekend in Lake Placid. NRAC will meet next Wednesday, August 30 at 4 p.m. in the Engineering Training Room.

4. CONSENT AGENDA: Motion by Commissioner Stokes, seconded by Commissioner Maxcy, to approve agenda as amended, removing Items CC and DD, to be placed on action agenda. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits August 22, 2006 General ………………………………………. 530,415.01 County Transportation Trust ………………. 32,713.91 E911 Operations Fund ………………………… 4,714.09 Intergovt Radio Communication ……………… 8,443.92

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Legal Aid ……………………………………….. 3,437.27 Local Govt Infra Surtax……….…………….. 249,518.95 Community Development Block ……………….. 636.48

Affordable Housing Asst ……………………… 9,077.57 Hurricane Housing Rec Pro …………………… 2,500.00 Fire Inspection ………………………………… 20,000.00 Sebring Parkway Maint …………………………. 950.00 Law Library Trust Fund ………………………… 638.99 Court Tech ………………………………………. 9,619.84 Building Code Enforcement Fund ………………. 683.96 HCISSRB Construction Fund …………………. 4,500.00 Solid Waste ...…………………………………… 19,320.91 Placid Utilities ...………………………………… 9,585.19 Highway Park Utility …………………………….. 518.63 Risk Retention Fund …………………………………. 1.82 Employee Benefit Fund ………………………………. .81 Tax Deed Surplus Fund ………………………. 232,383.34

B. Request approval of the minutes of the June 6 and 20, July 25, August 1 and 8, 2006

board meetings C. Request approval of Satisfaction of Mortgage for Scott & Cara Orr. See Satisfaction file. D. Request approval of Satisfaction of Mortgage for Franklin Lee Flowers, Jr. See

Satisfaction file. E. Request approval of Satisfaction of Mortgage for Michel Dieulange. See Satisfaction file. F. Request approval of Satisfaction of Mortgage for Tanya Davis. See Satisfaction file. G. Request approval of Satisfaction of Mortgage for Michelle & Clyde Brown. See

Satisfaction file. H. Request approval of Satisfaction of Mortgage for Jose Vazquez & Yvonne R. Perez. See

Satisfaction file. I. Request approval of a Release of Lien – Herman Fellin. See SMB 48 Page 112. J. Request approval of a tourism grant in the amount of $1,000.00 for Heartland Cultural

Alliance, Inc. for website development K. Request approval of a tourism grant in the amount of $2,000.00 for the Greater Lake

Placid Chamber of Commerce for promotional brochures for the 2007 Caladium Festival L. Request approval of a tourism grant in the amount of $2,000.00 for Friends of Highlands

Hammock State Park, Inc. for advertising the Earth Day Event M. Request approval of a tourism grant in the amount of $2,000.00 for the Lake Placid

Chamber of Commerce for advertising the 2007 Caladium Festival Car Show N. Request approval of a tourism grant in the amount of $1,000.00 for the Lake Placid

Merchants Association for website development O. Request approval of a tourism grant in the amount of $2,000.00 for the Lake Placid Art

League promotional brochures P. Request approval of a tourism sponsorship in the amount of $10,000.00 for South Florida

Community College for the Great Florida Fire School Q. Request approval of a tourism grant in the amount of $4,000.00 for the Greater Lake

Placid Chamber of Commerce for advertising the 2007 Caladium Festival

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R. Request approval of a tourism grant in the amount of $1,000.00 for the Greater Lake Placid Chamber of Commerce for promotional brochures for the 2007 Caladium Festival Car Show

S. Request approval of a tourism sponsorship in the amount of $10,000.00 for Florida’s Freshwater Frontier, Inc.

T. Request approval of a tourism grant in the amount of $2,000.00 for the Ridge Trails Association, Inc. for promotional brochures for the 2007 Heartland Triathlon

U. Request approval of a tourism grant in the amount of $1,000.00 for the Historical Society of Avon Park to develop a website for the Avon Park Museum

V. Request approval of a tourism grant in the amount of $1,000.00 for the Historical Society of Avon Park for promotional brochures for the Historic Buildings of Avon Park

W. Request approval of a tourism grant in the amount of $5,000.00 for the Ridge Trails Association, Inc. for advertising the 2007 Heartland Triathlon

X. Request to accept Grant Award for Justice Assistance Grant Funding Y. Request approval of a Guesthouse Agreement Z. Request approval of intergovernmental radio request via Motorola Service Contract

AA. Request approval of CDBG Administration Contract with Guardian Community Resource Management, Inc. (resultant from RFP 06-046)

BB. Request approval of ranking of applications for the FDOT Transportation Equity Act for the 21st Century (TEA-21) Program

CC. Request approval of the 2006 candidates for the FDOT 2008/2012 Work Program as submitted

DD. Request approval of Ranking Application Letters for the County Incentive Grant Program (CIGP)

EE. Request approval of budget amendments 05-06-267; 269 FF. Request approval of Resolutions & budget amendments 05-06-268; 270; 272. See Res.

Book 19 Page 139.

5. PUBLIC HEARING: Public Hearing to consider a motion to adopt a Resolution to vacate an easement being the 15 foot wide utility easement which runs across the back portion of Lots 3 &4, Block D, Spring Lake Village VIII, according to the plat thereof as recorded in Plat Book 11, Page 8, of the Public Records of Highlands County, Florida

County Engineer, Ramon Gavarrete, presented the request. Motion by Commissioner Maxcy, seconded by Commissioner Stewart, to vacate the easement as described. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 140. 6. PUBLIC HEARING: Request approval of a Notice of Lien on CE 05070017 – 150 Highlands

Blvd., Lake Placid, FL Code Enforcement Officer, Eddie Conklin, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Maxcy, to approve placing the lien as presented. Upon roll call, all Commissioners voted aye. Motion carried. See Subdivision file. 7. PUBLIC HEARING: Request approval of a Notice of Lien on CE 05070018, 351 Highlands

Blvd., Lake Placid, FL Code Enforcement Officer, Eddie Conklin, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Maxcy, to approve placing the lien as presented. Upon roll call, all Commissioners voted aye. Motion carried. See Subdivision file.

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8. PUBLIC HEARING: Request approval of a Notice of Lien on CE 05070131, 108 Cochran Drive, Lake Placid, FL

Code Enforcement Officer, Eddie Conklin, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Maxcy, to approve placing the lien as presented. Upon roll call, all Commissioners voted aye. Motion carried. See Subdivision file. 9. PUBLIC HEARING: Request approval of a Notice of Lien on CE 05060154, 2710 W.

Ingersol Road, Avon Park, FL Code Enforcement Officer, Tommy Turnbull, presented the request. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to approve placing the lien as presented. Upon roll call, all Commissioners voted aye. Motion carried. See Subdivision file. 10. PUBLIC HEARING: Public Hearing to consider Two (2) zoning changes.

1) OLD BUSINESS: HEARING #1853 – FLAMINGO PROPERTIES, LLC - C/O CLIFFORD R. RHOADES Approximately 5 acres located on the East shore of Little Lake Jackson on Tubbs Road, and located as follows: Approximately 5 acres located in Sec. 6, Twp. 35S, Rge. 29E, Highlands County, Florida. Request: A zoning change from AU (Agricultural) to R-3 (Multiple Dwelling district.) Applicant desires to construct multi-family residential.

Development Services Director, Jim Polatty, presented the request. Cliff Rhoades, representing the applicant, requested that this hearing be continued. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to continue P&Z # 1853 to September 26, 2006 at 9:00 a.m. or as soon thereafter as possible in the County Commission Board Room. Upon roll call, all Commissioners voted aye. Motion carried.

2) NEW BUSINESS: HEARING #1872 – COVERED BRIDGE LAKE PLACID, L.L.C. – DEBRA ANN WORLEY Eighty-eight lots located in Covered Bridge Subdivision, Lake Placid, and abbreviated legal as follows: Located in Sec. 15, Twp. 36S, Rge. 29E, Highlands County, Florida. Request: A zoning change from M-1 FUD (Mobile Home Subdivisions district with a Flexible Unit Development) to R-2 FUD (Two-Family Dwelling district with a Flexible Unit Development).

Development Services Director, Jim Polatty, presented the request. Commissioner Bullard stated that a more detailed site plan should have been provided for the original FUD. Mr. Polatty stated he would address it at the P&Z workshop that is scheduled for tonight. The Board reached a consensus to require greater detail on site plans for FUD’s and PUD’s. Ken LeBlanc, petitioner, briefly explained the request. Public input was received from the following: Bill Womer, John Martz, Pam Karlson, representing airplane pilots that use the airport, Joan Light, Marty Weldon, and Gabriel Reed. Board Attorney, Ross Macbeth, made some suggested changes to the resolution. Motion by Commissioner Stokes, seconded by Commissioner Jackson, in accordance with the Planning and Zoning Commission move to approve and adopt by Resolution P&Z 1872 changing the Zoning Atlas for 11.5 acres from M-1 FUD (Mobile Home Subdivisions district with a Flexible Unit Development) to R-2 FUD (Two-Family Dwelling district with a Flexible Unit Development), referencing the mandatory findings, becoming effective as provided by law, including the following conditions: (1)Single family dwellings or duplexes are permitted; (2) The minimum setbacks are as follows: Twenty-five (25) feet front property line, fifteen (15) feet rear property line, fifteen (15) feet corner from property line, and seven and one-half (7 ½) feet side yard; (3) Maximum 88 dwelling units; (4) The minimum lot size will be

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9,000 square feet for Lots 1, 7, 8, 14, Block 7; all other lots will have a minimum of 5,000 square feet and 50 foot of frontage; (5) Except for Lots 1, 7, 8, and 14, Block 7, construction of a duplex shall require two adjacent lots with a minimum of 10,000 square feet of land area; (6) The maximum overall height of all structures shall not exceed sixteen (16) feet for Lots 7 through 16, Block 1. Upon roll call, all Commissioners voted aye, except Commissioner Maxcy, who voted nay. Motion carried. Motion by Commissioner Jackson, seconded by Commissioner Stokes, to waive the fees for any rezoning, of Lots 7 through 16 Block 1, that is necessary to accomplish enhanced safety for the residents and airport. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 141.

11. PUBLIC HEARING: Public Hearing on proposed Impact Fees Ordinances This public hearing has been rescheduled to September 5, 2006.


A. County Administrator: Request approval of an Addendum to Agreement for Professional Services between the Highlands County Board of County Commissioners and Brantley Consulting Group, Inc.

County Administrator, Carl Cool, presented the request. Motion by Commissioner Jackson, seconded by Commissioner Stokes, to approve the request as stated. Upon roll call, all Commissioners voted aye. Motion carried.

B. Request approval of the 2006 candidates for the FDOT 2008/2012 Work Program as submitted

Motion by Commissioner Maxcy, seconded by Commissioner Stewart, to approve the 2006 candidates for the FDOT 2008/2012 Work Program as submitted. Upon roll call, all Commissioners voted aye. Motion carried. See file for copy.

C. Request approval of Ranking Application Letters for the County Incentive Grant Program (CIGP)

Commissioner Bullard requested this item be pulled off the consent agenda for discussion, concerning Staff’s recommendation that the County apply for grant funding for a PD&E Study for the C.R. 635 Extension. County Engineer, Ramon Gavarrete, stated he understood that this road was left on the map of the Long Range Transportation Plan, but would not be extended through the Golf Hammock community. Commissioner Bullard stated the primary reason for the Resolution passed by the Board was that the road would not be extended if it meant purchasing homes and right of way from residents of Golf Hammock. Additional studies would primarily be on alternate routes, with state lands being a last resort. Commissioner Stewart stated an answer is needed from the state concerning the use of conservation lands. County Administrator, Carl Cool, stated that with the information we have, Staff can do an in-house analysis of the road and the impacts of the surrounding roads. Public input was received from Lesa Morey, Hank Kowalski, and John Drennan. Motion by Commissioner Stewart, seconded by Commissioner Maxcy, to approval the Ranking Application Letters for the County Incentive Grant Program as presented, deleting the request for the C.R. 635 Extension PD&E Study. Upon roll call, all Commissioners voted aye. Motion carried. See file for copy.

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13. COMMISSIONERS: No reports. 14. ADJOURN The meeting adjourned at 11:52 A.M.

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082906.emerg

EMERGENCY MEETING OF THE BOARD AUGUST 29, 2006 1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at


C Guy Maxcy Carl Cool Edgar Stokes Rick Helms

Andrew Jackson Bob Jamison Barbara Stewart J Ross Macbeth Jodi Pifer

Commissioner Bullard was absent from the meeting. 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Commissioner C. Guy Maxcy. The Pledge of Allegiance was led by Commissioner Barbara Stewart. 3. Storm Status Update E-911 Coordinator, Ben Henley, gave a brief update on Tropical Storm Ernesto, its projected path, and potential impacts to Highlands County. 4. Approval of Resolution proclaiming a local state of emergency County Administrator, Carl Cool, stated that this meeting has been publicly noticed. He stated that the purpose of this meeting is to consider the adoption of a resolution to declare a local emergency due to Tropical Storm Ernesto. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to adopt the resolution, proclaiming a local state of emergency. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 142. 5. Local Storm Pre-event Briefing County Administrator, Carl Cool, stated that all public schools, all County offices, all City offices and South Florida Community College will be closed tomorrow. Emergency Management Director, Bill Nichols, reported on shelter openings, sand bag operations, and EOC operations that are in place. 6. Adjourn The meeting adjourned at 9:16 A.M.

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REGULAR MEETING OF THE BOARD SEPTEMBER 5, 2006 1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at



Edgar Stokes Pam Cross Barbara Stewart J Ross Macbeth

Jodi Pifer 2. Invocation, Pledge of Allegiance and moment of silence in remembrance of 9/ll/01 victims The meeting opened with a prayer by Highlands County Paramedic, Jesus Perez. The Pledge of Allegiance was led by Fire Service Specialist, Charles Andrews and Highlands County Sheriff Deputy, Daniel Wilson. 3. ANNOUNCEMENTS

A. Clerk No report.


Sept. 5 3:00 pm Highlands Soil and Water Conservation District 4509 George Blvd. Room 3 Sept. 5 7:00 pm Construction Licensing, Enforcement and Appeals

Board Board room, 600 S. Commerce Ave. Sebring

Sept. 7 5:30 pm 1st Budget Public Hearing Board room, 600 S. Commerce Ave.

Sept. 12 2:00 pm Veterans Advisory Board 7205 S. George Boulevard C. Other meetings: NRAC will meet on Wednesday September 6, 2006 at 4 p.m. in the

Engineering Training Room. The Lake Placid Growth Management will meet today at 4 p.m. at the Lake Placid Town Hall.

4. CONSENT AGENDA: Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to approve agenda as amended, removing Items Q, R, & S from agenda. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits September 5, 2006

General ……………………………………… 127,913.20 County Transportation Trust ………………. 10,137.87 E911 Operations Fund …………………………… 29.11 Local Govt Infra Surtax……….……………. 58,552.41 Tourist Dev Trust Fund …………………….… 1,889.45 Community Development Block ……………….. 652.80 Building Code Enfor Fund ………………………. 51.54

Solid Waste ...……………………………….. 124,903.64 Placid Utilities ...………………………………… 207.79 Highway Park Utility …………………………… 22.67 Risk Retention Fund ……………………………….. .38

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Employee Benefit Fund …………………………… 1.14 Tax Deed Surplus Fund …………………….. 53,578.73

Payment of bills and employee benefits was authorized on August 29, 2006 for $643,511.25.

B. Accept into the record Court-Related Funds Revenue and Expenditures. See SMB 48

Page 113. C. Request approval of lot-clearing disposal costs for Samaritan’s Touch Care Center. See

SMB 48 Page 114. D. Request approval of a Satisfaction of Mortgage for Lynn McCurley. See Satisfaction file. E. Request approval of a Notice of Nuisance on CE 06010185, 3606 Paradise Drive, Sebring,

Highlands County, FL. See Subdivision file. F. Request approval of a Notice of Nuisance on CE 06010186, 3612 Paradise Drive, Sebring,

Highlands County, FL. See Subdivision file. G. Request approval of a Release of Nuisance on CE 051200136, 17400 Broadland,

Okeechobee, Highlands County, FL. See Subdivision file. H. Request approval of a Notice of Nuisance on CE 06040085, 1517 Martin Luther King

Blvd., Sebring, Highlands County, FL. See Subdivision file. I. Request approval of a Satisfaction of Lien on CE 01080043, 4811 Mundell Ave., Sebring,

Highlands County, FL. See Subdivision file. J. Request approval of a Satisfaction of Lien on CE 03080187, 4811 Mundell Ave., Sebring,

FL, Highlands County, FL. See Subdivision file. K. Request approval of a Release of Nuisance on CE 03080187, 4811 Mundell Ave., Sebring,

FL, Highlands County, FL. See Subdivision file. L. Request approval of a Release of Nuisance on CE 01080043, 4811 Mundell Ave., Sebring,

FL, Highlands County, FL. See Subdivision file. M. Request approval of a CDBG Administration Contract with Guardian Community

Resource Management, Inc. (Resultant from RFP 06-024). See file for copy. N. Request approval to spend funds from Special Law Enforcement Trust Fund. See SMB

48 Page 115. O. Request approval of State Aid to Libraries Grant. See file for copy. P. Request approval of appointment of Harry Marsh and Elizabeth Waddell for full

membership to the Veteran’s Advisory Board. See SMB 48 Page 116. Q. Request approval of Ferdinand Arbelo and Phil Spence as alternate members to the

Veteran’s Advisory Board R. Request approval of Veteran’s Advisory Board Bylaws S. Request approval of amendment to Veteran’s Advisory Board Bylaws T. Request approval of Dental rates 07/08 Florida Combined. See file for copy. U. Request approval of the Mutual Aid Agreement with FlaWarn in order to establish an

assistance program with utilities in our Florida region V. Request approval of Supplemental Construction Specifications for LAP Certified

Projects W. Request approval of revised Resolution and Deed for Vacation of Right of Way for a

portion of Tulsa Road. See Res. Book 19 Page 143. X. Request approval of formal adoption of National Incident Management System

Principles and Policies. See Res. Book 19 Page 144.

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Y. Request approval of an extension to ensure adequate time for sealed bid process for the Hazards Mitigation Grant Agreement for Phase 1 Studies of the Health Department (Wind Retrofit Project)

Z. Request approval of an extension to ensure adequate time for sealed bid process for the Hazards Mitigation Grant Agreement for Phase 1 Studies of the Agri-Civic Center (Wind Retrofit)

AA. Request approval of Budget Amendments 05-06-275; 276; 277; 278; 282 BB. Request approval of Resolutions and budget amendments 05-06-274; 279; 285; 288. See

Res. Book 19 Page 145. CC. Request approval of a contract with KPMG LLP for services related to assisting with the

development & preparation of Fiscal 2005 OMB Circular A-87. See file for copy.

5. PRESENTATION: Emergency Operations Director: Presentation of Firefighter 1 certificates

Emergency Operations Director, Tim Eures, and Chairman Bullard presented Certificates of Completion of the Firefighter I Class to the following: David Avila, Brad Hicks, and Robert Price (West Sebring), Joel Fay, Samantha Fay, and Jason Floyd (Desoto City), and Joseph Shaler (Highlands Park).


A. Development Services Director: Request approval of a Resolution and Citation for Parking Ordinance

Development Services Director, Jim Polatty, presented the request. Commissioner Bullard pointed out a few minor typographical errors in the citation form. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to approve the resolution and citation for the parking ordinance, as amended. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 146.

B. County Administrator: Request approval of City of Sebring’s request to waive tipping fees for debris removal from a structure fire

County Administrator, Carl Cool, presented the request. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to approve the City of Sebring’s request to waive tipping fees for debris removal from a structure fire. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 48 Page 117. The meeting recessed at 9:23 A.M. The meeting reconvened at 10:05 A.M. Commissioner Jackson arrived at the meeting at 10:05 A.M. 7. PUBLIC HEARING: Public Hearing on proposed Impact Fees Ordinance County Administrator, Carl Cool, stated this public hearing has been noticed and the Proof of Publication was entered into the record. See SMB 48 Page 118. Board Attorney, Ross Macbeth, read a caption of the ordinance into the record. Public input was received from the following: Gabriel Reed, John Brennan, Ann Hardy, Lisa Bond, George Phillip, Kirk Sorenson, Wally Cox, Richard Norris, Michael Carr, Doug Walz, Gregory Arnone, John Bock, Ned Hancock, Ray Royce, John Borgemeister, Don Linton, Ken LeBlanc, Bill Clone, Dan Ware, Wendy Renfro, Hank Kowalski, Ronnie Carter, Cliff Rhoades, Von Whitesides, Ken Poe, Arlan Sapp, Steve Fruit, and Beverly

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Marshall. Commissioner Stewart made a motion to adopt the Impact Fee ordinance with the following changes: (1) Implement Transportation and Education Facilities Impact fees at 50% of the amount recommended by Tindale Oliver; (2) implement Correctional Facilities, Law Enforcement, Fire Rescue, Emergency Medical Services, Library, and Parks & Recreation impact fees at 25% of the amount recommended by Tindale Oliver; (3) change the date on the Indexing Resolution to January 1; (4) Add new section pertaining to Administrative Costs; (5) language change to section pertaining to Economic Development Trust Fund; (6) language change to section pertaining to Affordable & Workforce Housing Trust Fund. Chairman Bullard passed the gavel to the Vice-Chairman, and seconded the motion. Mr. Cool stated that the Library Impact Fee calculations have been revised by Tindale Oliver, showing a small reduction. He asked the Board to consider including this change in their motion, as well as the revised report that documents the new numbers. Commissioners Stewart and Bullard accepted the change as an amendment to the motion. Commissioner Jackson spoke in support of the motion, but recommended changing the following: reducing the amount of the Transportation Impact Fees to 25%, deleting all references to indexing, change the review requirement to one (1) year, and reduce the installment threshold to $100,000. Commissioner Stokes also spoke in support of the motion, with the changes as recommended by Commissioner Jackson. Commissioner Maxcy spoke in support of implementing all eight categories at 25%, changing the review requirement to one (1) year, and deleting all references to indexing. Mr. Macbeth expressed concern about deleting the indexing references, adding that the ordinance does not require an automatic increase by indexing. Commissioners Stewart and Bullard accepted changing the installment threshold to $100,000 as an amendment to the motion. Upon roll call of the motion, Commissioners Stewart and Bullard voted aye. Commissioners Jackson, Stokes, and Maxcy voted nay. Motion failed. Mr. Macbeth stated that the date of the Impact Fee Study needs to be changed to September 1, 2006 in the ordinance. Commissioner Jackson made a motion to adopt the Impact Fee ordinance, with the following changes: (1) Implement Education Facilities Impact fee at 50% of the recommended amount; (2) implement the remaining seven categories at 25% of the recommended amount; (3) the review requirement remain at three (3) years; (4) reducing the installment threshold to $100,000; (5) changing the date of the Impact Fee Study to September 1, 2006; (6) change the date on the Indexing Resolution to January 1; (7) accepting the reduced Library Impact Fee schedule, and the revised report from Tindale Oliver documenting the new numbers; (7) add new section pertaining to Administrative Costs; (8) language change to section pertaining to Economic Development Trust Fund; (9) language change to section pertaining to Affordable & Workforce Housing Trust Fund. Commissioner Stokes seconded the motion. Upon roll call, all Commissioners voted aye. Motion carried.


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PUBLIC HEARING OF THE BOARD, SEPTEMBER 7, 2006 1. The Public Hearing was called to order at 5:30 P.M. in the Board of County Commission

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

Bob Bullard Carl Cool C Guy Maxcy Rick Helms Edgar Stokes Bob Jamison Andrew Jackson J Ross Macbeth

Jodi Pifer Commissioner Stewart was absent from the meeting. 2. INVOCATION AND PLEDGE OF ALLEGIANCE The meeting opened with a prayer by Commissioner C. Guy Maxcy, with a moment of silence for the passing of former county employee, Hank Eures. The Pledge of Allegiance was led by Commissioner Edgar Stokes. 3. Public Hearing statement read by the Chairperson to identify the millage rate and the

purpose of the Public Hearing. 4. Budget presentation by staff County Administrator, Carl Cool, stated this public hearing has been property noticed. Budget Manager, Tim Mechling, gave a power point presentation, briefly outlining the proposed budget, and summarizing the changes that have been made since the recommended budget was previously presented to the Board. He stated that Staff has budgeted a 20% increase in the County Health Insurance plan. Human Resources Director, Fred Carino, stated that they have received a firm verbal quote from Blue Cross Blue Shield for a 5% increase for the upcoming year. Mr. Cool stated that the revised recommended budget is $149,965,322, which does not include the revised numbers for the health insurance. 5. Public Hearing open to public input discussion and comments. Marvin Kahn and Robert Fritz, President of the Sebring Historical Society, requested funding for their archivist, to increase the hours from 20 hours per week to 40 hours per week. County Administrator, Carl Cool, stated that the original request was for an additional 8 ½ hours per week, which is included in the recommended budget. Commissioner Bullard stated that the Board typically does not make changes to staffing levels at these public hearings, because it tends to be unfair to all County departments and the positions that they have requested. Bill Sides, Victoria Bond, Plato Kirby, and Danny Craig expressed their discontent about the increases in their property taxes. Motion by Commissioner Maxcy, seconded by Commissioner Jackson, to approve the Sebring Historical Society’s request to increase the hours for the archivist from 28 hours to 40 hours per week. Upon roll call, all Commissioners voted aye, except Commissioner Bullard, who voted nay. Motion carried. 6. Motions for adoption of FY 2006-2007 Resolutions

A. Millage Resolution Adoption

Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to adopt Resolution, to set the millage rate at 8.5 mills as presently contained in the proposed budget for the 2006-2007 fiscal year, exceeding the rolled back rate of 6.6159 mills by 28.48%. Upon roll call, all Commissioners voted

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aye. Motion carried. See Res. Book 19 Page 149.

B. Tentative Budget Resolution Motion by Commissioner Stokes, seconded by Commissioner Maxcy, to adopt Resolution, adopting the tentative budget for the fiscal year 2006-2007 in the sum of $145,274,079 for all funds exclusive of special benefit assessment districts. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 150.

C. Adoption of Special Taxing Districts Assessments & Budget Motion by Commissioner Stokes, seconded by Commissioner Maxcy, to adopt Resolution, adopting a service assessment for all special benefit assessment districts in the total sum of $4,691,243 which included $2,530,163 in fund balance brought forward from the previous fiscal year. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 151.

7. Adjournment The meeting adjourned at 6:43 P.M.

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Barbara Stewart Jodi Pifer 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Commissioner C. Guy Maxcy. The Pledge of Allegiance was led by Commissioner Andrew Jackson. 3. ANNOUNCEMENTS

A. Clerk Deputy Clerk, Bob Jamison, presented a report of Monthly Business Services for August as provided by the Highlands County Clerk of Courts, L.E. “Luke” Brooker. See SMB 48 Page 119.


Sept. 12 2:00 pm Veterans Advisory Board 7205 South George Blvd. Sept. 12 3:00 pm Zoning Board of Adjustment 600 S. Commerce Ave. Sept. 12 3:00 pm Planning & Zoning Commission and the Local

Planning Agency 600 S. Commerce Ave.

Sept. 13 7:30 am IDA/EDC Board Meeting 2113 US 27 South. Sebring Sept. 13 8:00 am Local Mitigation Strategy Working Group 600 S. Commerce Ave. Room 251 Sept. 13 9:30 am Central Florida Regional Planning Council 7205 S. George Blvd. Sebring Sept. 19 5:30 pm Second Budget Public Hearing 600 S. Commerce Ave.

C. Other meetings: The Lake Istokpoga Management Committee will meet on September 14 at 9

a.m. at the Sebring Civic Center.



General ……………………………………… 855,715.36 County Transportation Trust …………….. 112,265.22 E911 Operations Fund ………………………. 15,596.96 Local Govt Infra Surtax……….…………… 199,105.67 Tourist Dev Trust Fund …………………….. 18,841.37 Community Development Block …………….. 9,819.47 Affordable Housing Asst ………………………..... 63.33 Home Initiatives Partner ……………………… 5,280.00 Hurricane Housing Rec Pro …………………... 8,728.12 Fire Inspection …………………………………. 1,250.00 Sebring Parkway Maint ………………………. 4,062.14

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State Court Facilities TF ………………………. 6,014.91 Law Library Trust Fund ……………………….... 534.25 Court Tech ……………………………………… 5,247.50 Building Code Enfor Fund ……………………. 3,518.62 HCISSRB Construction Fund ………………... 26,041.86

Solid Waste ...………………………………….. 17,881.33 Placid Utilities ...………………………………… 3,774.93 Highway Park Utility …………………………….. 362.45 Risk Retention Fund ……………………………….. 4.31 Employee Benefit Fund ………………………… 3,301.53

B. Request approval of minutes for the August 15 and 22, 2006 regular and special benefit district meeting and the August 29, 2006 emergency meeting

C. Request approval of 2005 SHIP Annual Report D. Request approval of a certificate of Non Ad-Valorem Assessment Roll for Solid Waste

Assessment. See Res. Book 19 Page 152. E. Request approval to accept a Special Warranty Deed for Lake Placid EMS station

expansion. See SMB 48 Page 120. F. Request approval of Veteran’s Advisory Board Bylaws. See file for copy. G. Request approval to accept an USDA Project Agreement N0. 69-4209-5-1662 between the

Highlands County Board of County Commissioners and NRCS relative to the Emergency Watershed Protection Program & Amendment No. 1 to Project Agreement. See file for copy.

H. Request approval of Budget Amendment 05-06-286 I. Request approval of Resolution & Budget Amendment 05-06-289. See Res. Book 19

Page 153.

5. WORKSHOP: Avon Park Executive Airport Proposed Zoning Ordinance Development Services Director, Jim Polatty, stated the purpose of this workshop is to discuss adopting and applying the model code from the Florida Department of Transportation (FDOT) and the Federal Aviation Administration (FAA), which regulate airports. Staff has taken the model code, and asked the consultants to the Sebring Airport and the Avon Park Airport to map the various runway approach zones. Board Attorney, Ross Macbeth, expressed concerns about the approach and transitional zones. Wes Teal of Wilbur Smith & Associates, a consultant for the Avon Park Executive Airport, stated there is a federal regulation that exists that identifies the airspace, particularly around airports, and how it is laid out. Mr. Polatty stated the Runway Protection Zone needs to be defined, and the land use chart contained in the ordinance needs to be revised and clarified or deleted. Commissioner Bullard stated the ordinance in its current form is not at a level to be effectively work shopped. Discussion followed. See tape for further detail. 6. WORKSHOP: County Regulatory Process for Boathouses and Docks County Administrator, Carl Cool, stated this workshop is the result of a complaint from a homeowner, who pulled a permit to build a dock, but encountered problems when a neighbor complained that he had not met the required setbacks. Currently, county codes require 15 foot setbacks from side lot lines for a dock or boathouse. The question lies in which way lot lines extend out into a lake. The Zoning department researched the issue, and found that most lot lines go to the center of the lake. Board Attorney, Ross Macbeth, stated that the County currently issues permits that include a stamp advising the applicant to contact DEP to obtain the required State permits. He drafted a dock policy that

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addresses the requirements for the building of docks, including the placement of the dock and safety issues. Jabos Clement suggested the County change the required setbacks to 25 foot for lakes and 15 foot for canals, and allow permitting by licensed marine contractors only. Mr. Cool stated that current codes allow homeowners to build their own docks, adding that restricting it to only licensed contractors would reduce problems. Frank Burke stated that there is no requirement for lighting on a dock. The Board reached a consensus to leave the setback requirement at 15 feet, delete the lighting requirement from the policy, and require the most recent aerial photograph to be submitted when applying for a permit. Staff was instructed to include the changes discussed today and bring back a resolution for adoption of the policy. See tape for further detail. Break 11:25 – 11:40 a.m. 7. PUBLIC HEARING: Second hearing for adoption of Large Scale Text Amendments (CPA-

06-379LS) DCA No. Highlands 06-1 and Highlands 06-1 Large Scale Text Amendments, 10 Year CIP

Proof of Publication for this hearing was entered into the record. See Proof of Pub. Ord. Book 4 Page 16. There are nine (9) land use changes and text amendments to consider for adoption. Development Services Director, Jim Polatty, presented the requests for the following land use changes, and explained DCA’s Objections, Recommendations and Comments (ORC) Report, and Staffs’ responses to each case.

A. CPA-06-357LS (Hometrust Group): Approximately 25.18 acres located in Sec.24, Twp,35S, Rge.29E., on the east side of Farm Road, at its intersection with Plantation Drive, changing the land use from AAgriculture@ to ALow Density Residential@ on the Future Land Use Map.

Tom Nunnalee, representing the applicant, stated they have no objections, and are in agreement with Staff’s response to DCA. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, in accordance with the P&Z’s and BCC’s previous decisions, move to approve and adopt by ordinance CPA-06-357LS amending the Future Land Use Map from “Agriculture” to “Low Density Residential” for 25.18 acres, amending FLU Policy 11.1 to add the conditions as listed below, referencing the mandatory findings, and becoming effective as provided by law. Upon roll call, all Commissioners voted aye. Motion carried.

P&Z Recommended Conditions Pursuant to FLU Policy 11.1: Site Specific Developments 1. Central water is to be provided in addition to a water and sewer commitment letter and the property will accept central wastewater when wastewater is available per the Highlands County Comprehensive Plan. 2. A traffic study shall be required using Highlands County approved methodology for Comprehensive Plan amendments. The applicant or the applicant's traffic consultant or agent shall discuss the methodology with both the County Planning and Engineering staff before proceeding with development of the study. 3. The Applicant shall dedicate additional rights-of-way as required by the County Engineer in order to meet the requirements of the Long Range Transportation Plan, the Land Development Regulations, the Highlands County Technical Standards Manuel, and the Capital Improvement Program at the time of development. 4. The maximum density is 25 dwelling units. 5. Environmental clearance, if required, of impacts to Wetlands, Cutthroat Grass Seeps, and Xeric Uplands will be necessary prior to development. No development order or permit will be issued unless prescribed environmental mitigation is accomplished. Concurrency assessment for traffic circulation, sanitary sewer, potable water, solid waste disposal, storm water drainage, and recreation and open space will be required prior to development. All development orders and permits will specify any needed improvements, and a schedule for their implementation, including any conditions that require public facility improvements, be in place concurrent with the impacts of the proposed development.

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P&Z Recommended Conditions Pursuant to FLU Policy 11.1: Site Specific Developments 6. Wetlands on the property shall be protected by recording of a restrictive conservation easement.

B. CPA-06-359LS (Sebring Airport Authority): Approximately 120.0 acres, located in the

southeast corner of the Sebring Airport Authority Complex, changing the land use from “Public/Quasi-Public” to “Industrial.” The proposed land use amendment will facilitate the Airport Authority to effectively administer the Airport’s Master Plan and to more clearly describe the environment and the uses that are allowed

Motion by Commissioner Stokes, seconded by Commissioner Jackson, in accordance with the P&Z’s and BCC’s previous decisions, move to approve and adopt by ordinance CPA-06-359LS amending the Future Land Use Map from “Public/Quasi-Public” to “Industrial” for 120 acres, amending FLU Policy 11.1 to add the conditions as listed below, referencing the mandatory findings, and becoming effective as provided by law. Upon roll call, all Commissioners voted aye. Motion carried.

P&Z Recommended Conditions Pursuant to FLU Policy 1.11: Site Specific Developments 1. Environmental clearance, if required, of impacts to Wetlands, Cutthroat Grass Seeps, and Xeric Uplands will be necessary prior to development. No development order or permit will be issued unless prescribed environmental mitigation is accomplished. Concurrency assessment for traffic circulation, sanitary sewer, potable water, solid waste disposal, storm water drainage, and recreation and open space will be required prior to development. All development orders and permits will specify any needed improvements, and a schedule for their implementation, including any conditions that require public facility improvements, be in place concurrent with the impacts of the proposed development. 2. A traffic study shall be required using Highlands County approved methodology for Comprehensive Plan amendments. The applicant or the applicant's traffic consultant or agent shall discuss the methodology with both the County Planning and Engineering staff before proceeding with development of the study. 3. Central water and sewer are required

4. Industrial uses not allowed will be the same as those not allowed in the A-1 Zoning District. A restrictive easement will be recorded in favor of the Board of County Commissioners restricting the industrial uses.

C. CPA-06-366LS (Arlan Sapp/Mark, Inc.): Approximately 46.0 acres, generally located in

Sec.27, Twp, 33S, Rge.28E., on the east shore of Lake Anoka, between South Lake Blvd. and Marble Avenue (Garrett) extended, changing the land use from “Agriculture” to High Density Residential.”

Motion by Commissioner Stewart, seconded by Commissioner Stokes, in accordance with the P&Z’s and BCC’s previous decisions, move to approve and adopt by ordinance CPA-06-366LS amending the Future Land Use Map from “Agriculture” to “High Density Residential” for 66 acres, amending FLU Policy 11.1 to add the conditions as listed below, referencing the mandatory findings, and becoming effective as provided by law. Upon roll call, all Commissioners voted aye. Motion carried.

Conditions Pursuant to FLU Policy 11.1: Site Specific Developments 1. Central water and central sewer are to be provided in addition to a water and sewer commitment letter from the providing agency. 2. A traffic study shall be required using Highlands County approved methodology for Comprehensive Plan amendments. The applicant or the applicant's traffic consultant or agent shall discuss the methodology with both the County Planning and Engineering staff before proceeding with development of the study.

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3. The Applicant shall dedicate additional rights-of-way as required by the County Engineer in order to meet the requirements of the Long Range Transportation Plan, the Land Development Regulations, the Highlands County Technical Standards Manual, and the Capital Improvement Program at the time of development.

4. The property shall be considered as a single project for purposes of development review and approval for all purposes under County codes. 5. At the time of development, provided the City of Avon Park agrees that the installation of re-use lines is suitable, then re-use lines shall be installed.

D. CPA-06-377LS (EMW Associates): Approximately 20 acres, located in Sec.33 & 34,

Twp,35S, Rge.29E., south of Lake Josephine or on both sides of Josephine Creek, changing the land use from “Agriculture” to “Low Density Residential.”

Motion by Commissioner Stokes, seconded by Commissioner Jackson, in accordance with the P&Z’s and BCC’s previous decisions, move to approve and adopt by ordinance CPA-06-377LS amending the Future Land Use Map from “Agriculture” to “Low Density Residential” for 23.93 acres, amending the FLU Policy 11.1 to add the conditions as listed below, referencing the mandatory findings, and becoming effective as provided by law. Upon roll call, all Commissioners voted aye, except Commissioner Stewart who voted nay. Motion carried.

Conditions Pursuant to FLU Policy 11.1: Site Specific Developments 1. Must adhere to the conditions adopted by the Board of County Commissioners on December 27, 2005 for the adjacent plan amendment (CPA-05-343LS), with the conditions being the requirement of central water and septic tanks, and that the septic tank drain fields be set back 150 feet from Josephine Creek. The proposed amendment is a continuation of project referenced in CPA-05-343LS. 2. The number of units is to be capped at 20 DU’s.

3. Environmental clearance, if required, of impacts to Wetlands, Cutthroat Grass Seeps, and Xeric Uplands will be necessary prior to development. No development order or permit will be issued unless prescribed environmental mitigation is accomplished. Concurrency assessment for traffic circulation, sanitary sewer, potable water, solid waste disposal, storm water drainage, and recreation and open space will be required prior to development. All development orders and permits will specify any needed improvements, and a schedule for their implementation, including any conditions that require public facility improvements, be in place concurrent with the impacts of the proposed development. 4. Prior to development an archaeological reconnaissance survey shall be performed.

E. CPA-06-378LS (Sandy Ridge Grove): Approximately 39.15 acres, located in Sec.15, Twp,

35S, Rge.29E., east of U.S. 27 South, between Tractor Road and Old Plantation Avenue, south of Biltmore Avenue, changing the land use from “Agriculture” to “High Density Residential.”

Commissioner Stokes made a motion to approve and adopt by ordinance CPA-06-378LS amending the Future Land Use Map from “Agriculture” to “Medium Density Residential” for 39.15 acres. Motion died for lack of a second. Motion by Commissioner Maxcy, seconded by Commissioner Stewart, to deny CPA-06-378LS, amending the Future Land Use Map from “Agriculture” to “Medium Density Residential” for 39.15 acres. Upon roll call, all Commissioners voted aye, except Commissioners Stokes and Bullard. Motion to deny carried.

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F. CPA-06-380LS (Chain of Lakes, Inc.): Approximately 70.45 acres located in Sec. 4, Twp. 36S, Rge.29E., south of Lake Francis Road, east of Red Water Lane, west of U.S. 27 or north of Little Red Water Lake, changing the land use from “Agriculture” to “Medium Density Residential.”

Motion by Commissioner Stewart, seconded by Commissioner Jackson, in accordance with the P&Z’s and BCC’s previous decisions, move to approve and adopt by ordinance CPA-06-380LS amending the Future Land Use Map from “Agriculture” to “Medium Density Residential” for 54.45 acres, and to “High Density Residential” for 16.0 acres amending the FLU Policy 11.1 to add the conditions as listed below, referencing the mandatory findings, and becoming effective as provided by law. Upon roll call, all Commissioners voted aye. Motion carried.

Conditions Pursuant to FLU Policy 11.1: Site Specific Developments 1. Central water and central sewer are to be provided in addition to a water and sewer commitment letter will be provided for transmittal to DCA. 1. The maximum number of units in the Medium Residential area is 135. 2. The Applicant shall dedicate additional rights-of way as required by the County Engineer in order to meet the requirements of the Long Range Transportation Plan, the Land Development Regulations, the Highlands County Technical Standards Manual, and the Capital Improvement Program at the time of development. 3. The property shall be considered as a single project for purposes of development review and approval for purposes under County Codes. 4. A zoning change application to R-3 FUD or R-3 PD will be submitted for the 16 acres of High Density Residential. 5. Property owner agrees to limit the development to one dock and boat house for each lakefront lot, one dock for the clubhouse and no boat ramp. 6. A traffic study shall be required using Highlands County approved methodology for Comprehensive Plan amendments. The applicant or the applicant's traffic consultant or agent shall discuss the methodology with both the County Planning and Engineering staff before proceeding with development of the study. 7. At the time of development, provided the central water provider agrees that the installation of re-use lines is suitable, then re-use lines shall be installed. 8. If an on-site package plant is used as a temporary facility it must be constructed to County standards. The system shall be connected to the City, County, or a regional provider that is acceptable to the County once the City, County, or regional provider extends a wastewater system to the site. In addition, the developer or owner will be required to dedicate the plant that has been constructed to County standards to either the City, County, or to the County approved regional provider.

G. CPA-06-381LS (H&M Properties): Approximately 38.52 acres located in Sec.17, Twp,37S,

Rge.30E., east of U.S. 27 South, south of Shoreline Drive, north of Lake Ridge Drive, or west of Lake Grassy, changing the land use from “Agriculture” to “High Density Residential.”

Motion by Commissioner Jackson, seconded by Commissioner Maxcy, in accordance with the P&Z’s and BCC’s previous decisions, move to approve and adopt by ordinance CPA-06-381LS amending the Future Land Use Map from “Agriculture” to “High Density Residential” for 38.52 acres, amending the FLU Policy 11.1 to add the conditions as listed below, referencing the mandatory findings, and becoming effective as provided by law. Upon roll call, all Commissioners voted aye, except Commissioner Stewart, who voted nay. Motion carried.

Conditions Pursuant to FLU Policy 11.1: Site Specific Developments 1. Central water and central sewer are to be provided in addition to a water and sewer commitment letter. 2. The Applicant shall dedicate additional rights-of way as required by the County Engineer in order to meet the requirements of the Long Range Transportation Plan, the Land Development Regulations, the Highlands County

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Conditions Pursuant to FLU Policy 11.1: Site Specific Developments Technical Standards Manual, and the Capital Improvement Program at the time of development. 3. The number of units is to be capped at 231 dus. 4. A traffic study shall be required using Highlands County approved methodology for Comprehensive Plan amendments. The applicant or the applicant's traffic consultant or agent shall discuss the methodology with both the County Planning and Engineering staff before proceeding with development of the study.

5. A complete site plan, including the items listed above in section F.7, must be provided.

6. Environmental clearance for impacted xeric uplands (scrub) is required. 7. Environmental clearance, if required, of impacts to Wetlands and Cutthroat Grass Seeps will be necessary prior to development. No development order or permit will be issued unless prescribed environmental mitigation is accomplished. Concurrency assessment for traffic circulation, sanitary sewer, potable water, solid waste disposal, storm water drainage, and recreation and open space will be required prior to development. All development orders and permits will specify any needed improvements, and a schedule for their implementation, including any conditions that require public facility improvements, be in place concurrent with the impacts of the proposed development. 9. The Property will not be developed under the CG-3 zoning district regulations. An application will be submitted for a zoning change to R-3 FUD as the implementing zoning district. Prior to making the zoning change, an environmental study of the complete 38.32 acre site will be conducted.

H. CPA-06-382LS (Whittington): An approximate 39.46 acre parcel located at 8500 Twitty

Road, Sebring, Florida south of Skipper Road, on the east side of Twitty Road and north of E. Twitty Road, in Section 27, Township 35 South, Range 29 East, changing the land use from “Agriculture” to “Industrial.”

Motion by Commissioner Maxcy, seconded by Commissioner Stokes, in accordance with the P&Z’s and BCC’s previous decisions, move to approve and adopt by ordinance CPA-06-382LS amending the Future Land Use Map from “Agriculture” to “Industrial for 39.46 acres, amending FLU Policy 11.1 to add the conditions as listed below, referencing the mandatory findings, and becoming effective as provided by law. Upon roll call, all Commissioners voted aye. Motion carried.

Conditions Pursuant to FLU Policy 11.1: Site Specific Developments 1. Central water and central sewer are to be provided in addition to a water and sewer commitment letter. 2. Internal connectivity shall be effected within all parts of the park. The property shall be considered as a single project for purposes of development review and approval for all purposes under County Codes. No billboards will be allowed on the site. 3. One major access point (formal entrance) off Twitty Road but not to exceed two on any one road. 4. A traffic study is required using Highlands County approved methodology for Comprehensive Plan amendments. The applicant or the applicant's traffic consultant or agent shall discuss the methodology with both the County Planning and Engineering staff before proceeding with development of the study. Sufficient rights-of way to accommodate the functional classification requirements for Twitty Road will be required. 5. The Applicant shall dedicate additional rights-of way as required by the County Engineer in order to meet the requirements of the Long Range Transportation Plan, the Land Development Regulations, the Highlands County Technical Standards Manual, and the Capital Improvement Program at the time of development. 6. A restrictive easement shall be recorded by the applicant which includes the following restrictions: (1) The Whittington property may not be used for any use described in the Highlands County Zoning Code I-2 Zoning District other than: (a) Manufacture of asphalt, brick, tile, cement, block, plaster, concrete or products there of, and (b) Any uses permitted in the I-1 Zoning District other than, (i) Those allowed in the B-3 and B-4 Zoning Districts by special exception, and (ii) those allowed in the B-1 or B-2 Zoning Districts, as amended from time to time. (2) Access through Whittington property: No part of Whittington property shall be used for access to allow any vehicular access to any other properties to the North, East, or South across the Whittington property to Twitty Road. The primary ingress and egress for traffic to and from Whittington property shall be Twitty Road.

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I. CPA-06-386LS (Chuck C. Joo): An approximate 18.39 acre parcel located in Sec.26,

Twp,34S, Rge.28E., on the east side of Don Drive, approximately 700 feet south of Lakeview Drive, changing the land use from “Medium Density Residential” to “High Density Residential.”

Motion by Commissioner Maxcy, seconded by Stewart, in accordance with the P&Z’s and BCC’s previous decisions, move to approve and adopt by ordinance CPA-06-386LS amending the Future Land Use Map from “Medium Density Residential” to “High Density Residential” for 18.39 acres amending FLU Policy 11.1 to add the conditions as listed below, referencing the mandatory findings, and becoming effective as provided by law. Upon roll call, all Commissioners voted aye. Motion carried.

Conditions Pursuant to FLU Policy 11.1: Site Specific Developments 1. Central water and central wastewater service are to be provided in addition to a water and sewer commitment letter. 2. A traffic study shall be required using Highlands County approved methodology for Comprehensive Plan amendments. The applicant or the applicant's traffic consultant or agent shall discuss the methodology with both the County Planning and Engineering staff before proceeding with development of the study. 3. The Applicant shall dedicate additional rights-of-way as required by the County Engineer in order to meet the requirements of the Long Range Transportation Plan, the Land Development Regulations, the Highlands County Technical Standards Manual, and the Capital Improvement Program at the time of development. 4. Environmental clearance, if required, of impacts to Wetlands, Cutthroat Grass Seeps, and Xeric Uplands will be necessary prior to development. No development order or permit will be issued unless prescribed environmental mitigation is accomplished. Concurrency assessment for traffic circulation, sanitary sewer, potable water, solid waste disposal, storm water drainage, and recreation and open space will be required prior to development. All development orders and permits will specify any needed improvements, and a schedule for their implementation, including any conditions that require public facility improvements, be in place concurrent with the impacts of the proposed development. 5. A buffer shall be placed on the Southside of the property and the Eastside of the property beginning at the corner of the motel on the Southside and ending at the Northeast corner of the property. This buffer shall be 15 feet in width and shall be landscaped per the County LDR’s. In the middle of the landscape buffer or yard there shall be a 6 foot in height masonry wall located on an approximately 2 foot in height berm. The construction and maintenance of the landscape buffer shall be the responsibility of the owner or his successor. 6. The property shall be considered as a single project for purposes of development review and approval for all purposes under County Codes. 7. The R-3 uses shall be limited to residential per the R-3 Code. 8. Storm water received from off site shall receive the same treatment and flooding control post development as existed pre-development. 9. The applicant will petition to vacate the plat and all roads shown thereof. 10. A restrictive easement signed by the owners of the property in favor of the Board of County Commissioners shall be filed that prohibits access from the property to the east into the adjacent neighborhood. 11. The applicant shall apply for a zoning change to R-3 CU, restricting the use for multiple family development only.

J. CPA-06-379LS proposed comprehensive plan text amendments that were approved for

transmission to the Florida Department of Community Affairs (FDCA) on January 24, 2006 and the subject of their Objections, Recommendations and Comments (ORC) Report of April 25, 2006, to which this is a response. These large scale text amendments were on the Planning and Zoning Commission’s June 13, 2006 agenda.

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Motion by Commissioner Maxcy, seconded by Commissioner Stokes, move to approve and adopt by ordinance CPA-06-379LS amending the Text of the Comprehensive Plan and transmit to the Florida Department of Community Affairs for their determination and compliance with state law, becoming effective as provided by law. Upon roll call, all Commissioners voted aye. Motion carried. 8. ACTION: Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to set action agenda as amended. Upon roll call, all Commissioners voted aye. Motion carried.

A. County Engineer: Highlands County Sheriff’s Office Needs Assessment/Master Plan Final Report Presentation.

Sheriff Susan Benton thanked the County, Staff, and the DLR Group for their work on this study. She added that, through this process, she learned how seriously deficient the space needs and staffing issues for the Sheriff’s office have been over the last 20 years. She asked the Board to listen carefully to the presentation, and accept the report into the record. Tim Gibson, of DLR Group, gave a brief overview of the report, which addresses the current and future needs of the Sheriff’s office, and gives budgets and phase schedules for future expansion of the Sheriff’s office and the jail. Sheriff Benton asked the Boar to direct Staff to do what they can to get this incorporated into the CIP. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to accept the Final Report into the record. Upon roll call, all Commissioners voted aye. Motion carried. See file for copy.

1. Sheriff’s Office – ATV Issues

Sheriff Susan Benton informed the Board of a new state law that goes into effect October 1, 2006, which permits ATV’s to be driven on all unpaved county roads by a licensed driver or by a minor under the supervision of a licensed driver. The County has the option to be exempt from this law. She added that this is a serious public safety issue, with the number of crashes that take place and the complaints that are made. She requested the Board set a public hearing as soon as possible to take action on this. Commissioner Bullard agreed that the County needs to opt out of this new state law. County Administrator, Carl Cool, stated a public hearing would be scheduled for September 26, 2006. See SMB 48 Page 121

B. Veterans Services Director:

1. Presentation of Howitzer Cannon 2. Request approval to install a concrete pad for the Howitzer

Break 2:45 – 2:50 p.m.

C. Pamela Cross, Finance Officer: Presentation of Interim Annual Report of Key Operating Performance Measures as of June 30, 2006 for the Board of County Commissioners

Finance Officer, Pam Cross, presented the Interim Financial Report of Key Operating Performance Measures for the Board of County Commissioners as of June 30, 2006. An Interim Financial Report of the Emergency Medical Services Key Operating Performance Measures as of June 30, 2006 was also given. See Clerk’s Financial Reporting file.

D. County Administrator:

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1. Request approval of budget amendments 05-06-297; 298 decreasing fund 005 reserve for contingency. Budget amendment 05-06-300 decreasing fund 005 Reserve for Contingency

County Administrator, Carl Cool, presented the request. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to approve the budget amendments as stated. Upon roll call, all Commissioners voted aye. Motion carried.

2. Request approval of Proclamation observing “National Dog Week”

Motion by Commissioner Jackson, seconded by Commissioner Stewart, to adopt the proclamation, observing the week of September 18-24, 2006 as National Dog Week. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 154.

9. COMMISSIONERS: Commissioner Stokes reported on the Okeechobee Coalition meeting he attended last week. Commissioner Stewart reported on the Water Management Annual Conference she attended last week. 10. ADJOURN The meeting adjourned at 3:20 P.M.

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Barbara Stewart 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Board Attorney, Ross Macbeth. The Pledge of Allegiance was led by Sgt. Maj. Joseph Dionne. 3. ANNOUNCEMENTS

A. Clerk Deputy Clerk, Bob Jamison, presented a report of Weekly Report of Court Services for the week ended September 15, 2006 and report of Jury Trial Week for September as provided by the Highlands County Clerk of Courts, L.E. “Luke” Brooker. See SMB 48 Page 122.


Sept 19 2:00 p.m. Wetlands Protection Committee & and Natural Resources Advisory Commission


Sept 19 5:30 p.m. 2nd Budget Public Hearing Board room, 600 S. Commerce Ave. Sept 21 9:00 a.m. HC Users Group #213, 505 S. Commerce Ave. Sept 21 9:30 a.m. HC Community Health Improvement

Planning Committee 7205 S. George Blvd.

Sept 21 2:30 p.m. Recreation & Parks Advisory Committee 505 S. Commerce Ave. Sept. 21 4:00 p.m. HC Library Board 100 N. Museum Ave., Avon Park, FL

C. Other meetings:

4. CONSENT AGENDA: Motion by Commissioner Stokes, seconded by Commissioner Maxcy, to approve agenda as amended, removing Items C & G, removing Item H to be placed on action agenda, and accepting changes to Items B & L. Upon roll call, all Commissioners voted aye. Motion carried.


General ……………………………………. 2,266,977.52 County Transportation Trust ………………. 31,325.17 E911 Operations Fund …………………………… 55.66 Legal Aid ………………………………………. 3,437.27 Local Govt Infra Surtax……….…………..… 53,963.68 Tourist Dev Trust Fund …………………….... 2,141.05 Community Development Block ……………... 5,452.80 Affordable Housing Asst ………………………4,304.43 Hurricane Housing Rec Pro ………………….. 7,020.00 Fire Inspection …………………………………… 35.25

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State Court Facilities TF ………………………1,407.50 Law Library Trust Fund ………………………. 493.00 Building Code Enfor Fund ……………………. 517.12 HCISSRB Construction Fund ………………..... 500.00

Solid Waste ...………………………………… 37,982.83 Placid Utilities ...……………………………… 7,078.79 Highway Park Utility ………………………….. 480.27 Risk Retention Fund ………………………….. 8,847.03 Employee Benefit Fund ………………………. 3,240.28 Tax Deed Surplus Fund ……………………... 53,520.72

B. Request approval of the minutes of the September 5, and 7, 2006 Highlands County

Board of County Commissioners’ meetings C. Request approval to adopt a Cash Handling Policy for the Highlands County Board of

County Commissioners D. Request approval to declare a Nuisance on CE 005060191, 6610 Old Orchard Ave.,

Sebring, Highlands County, FL. See Subdivision file. E. Request approval to release a Notice of Nuisance on CE 005020099, 1511 Wellington

Ave., Sebring, Highlands County, FL. See Subdivision file. F. Request approval of a Cafeteria Plan modification. See SMB 48 Page 123. G. Request approval to spend funds from the Special Law Enforcement Trust Fund H. Request approval of funding revisions to the FY 2005-06 Contract between the Highlands

County Board of County Commissioners and the Department of Health for operation of the Highlands County Health Department

I. Request approval to appoint Robert G. Mahaffey to the Children’s Services Council. See SMB 48 Page 124.

J. Request approval of a Cooperative Funding Agreement between the Southwest Florida Water Management District and Highlands County for Lake Placid Watershed Management Evaluation and Plan (L473). See file for copy.

K. Request approval of Budget Amendment 05-06-291 L. Request approval of Resolutions & budget amendment 05-06-305. See Res. Book 19 Page

157.

5. ACTION: Motion by Commissioner Jackson, seconded by Commissioner Maxcy, to set action agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.

A. Mr. Joe DeCerbo, Board Chairman, Spring Lake Improvement District: Update on the Spring Lake flooding and plans for the future

Joe DeCerbo, Board Chairman of the Spring Lake Improvement District, gave the Commission an update on the flooding that occurred in Spring Lake, and thanked the County for the efforts that were put forth by so many people.

B. Housing Coordinator: Request approval of a Proclamation in observance of September

22, 2006 as Native American Day Housing Coordinator, Penny Phillippi, presented the request and read the proclamation into the record. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to adopt the proclamation observing September 22, 2006 as Native American Day. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 158.

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C. Human Resources Director: Request approval of Blue Cross Blue Shield Health Plan

renewal Human Resources Director, Fred Carino, presented the request. Motion by Commissioner Stokes, seconded by Commissioner Maxcy, to accept the direct renewal from BCBS at 5 percent above current, and eliminate the use of an Agent of Record for Health Benefits. Upon roll call, all Commissioners voted aye. Motion carried.

D. Development Services Director: Request approval of a contract extension with the Department of Community Affairs (DCA)

Development Services Director, Jim Polatty, presented the request. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to approve the contract extension with the Florida Department of Community Affairs. Upon roll call, all Commissioners voted aye. Motion carried.

E. Veteran’s Services Director: Request approval to accept a Howitzer cannon and

construct a concrete pad for it. Veteran’s Services Director, Joseph Dionne, presented the request, and gave a brief presentation showing the cannon. Alexander Ross spoke in support of the request. Sheriff Susan Benton offered to supply some of the labor for the restoration of the cannon and the installation of the concrete pad. Motion by Commissioner Stokes, seconded by Commissioner Stewart, to approve the acceptance of the Howitzer cannon and agree to construct the concrete pad. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 48 Page 125.

F. County Administrator: 1. Request approval of budget amendment 05-06-307 decreasing fund 005 Reserve for

Contingency & Consultant Service Agreement (CSA) No. 2 between & by the Highlands County Board of County Commissioners and Tindale-Oliver & Associates, Inc.

County Administrator, Carl Cool, presented the request. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to approve the budget amendment and agreement as presented. Upon roll call, all Commissioners voted aye. Motion carried. See file for copy.

2. Request approval of budget amendment 05-06-304 decreasing fund 005 Reserve for Contingency

County Administrator, Carl Cool, presented the request. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to approve the budget amendment as presented. Upon roll call, all Commissioners voted aye. Motion carried.

3. Request approval of funding revisions to the FY 2005-06 Contract between the Highlands County Board of County Commissioners and the Department of Health for operation of the Highlands County Health Department

County Administrator, Carl Cool, presented the request. Phil Spence, Administrative Services Director, briefly explained the request. Motion by Commissioner Jackson, seconded by Commissioner Stokes, to approve the funding revisions to the FY 2005-06 Contract with the Department of Health for the operation of the Highlands County Health Department. Upon roll call, all Commissioners voted aye. Motion carried. See file for copy.

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4. Request approval of Budget Amendment 05-06-310 Sheriff Susan Benton presented the request to approve a budget amendment for the purchase of communications equipment and a canine for the K-9 unit. Motion by Commissioner Stokes, seconded by Commissioner Stewart, to approve the budget amendment as presented. Upon roll call, all Commissioners voted aye. Motion carried. 6. CITIZENS NOT ON THE AGENDA (limited to five minutes) Randy Miller spoke on the flooding that has occurred in Venus in the Holiday Acres Subdivision. Robert Miller also spoke about the flooding in Holiday Acres. Juli Ferguson also spoke about the flooding in Holiday Acres. Raymond Williams spoke about the pumping of the storm water from the Spring Lake golf course into Lake Istokpoga. Alexander Ross spoke about the need for additional broadband service in Highlands County. 7. COMMISSIONERS: Commissioner Stokes informed the Board of an incident that happened over the weekend at the Highlands Park Estates Park. Carl Cool stated the prior directions from the Board, and a timeline for when the improvements will be made to the park. Motion by Commissioner Stokes, seconded by Commissioner Maxcy, to ban the launching of any trailered boats at the park. Upon roll call, all Commissioners voted aye. Motion carried. Mr. Cool advised that the Board will need to take action of this item under the Meeting of the Districts. Commissioner Maxcy requested an update on the paving of Scenic Highway. Carl Cool stated the road is ready to be sealed, but the asphalt company that had the lowest bid will not sell any asphalt to the County at this time, because prices have gone up and they will not sell the asphalt at the bid price. Commissioner Stewart reported on a meeting she attended last week regarding the Catalyst Project. 8. ADJOURN The meeting adjourned at 11:14 A.M.

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PUBLIC HEARING OF THE BOARD, SEPTEMBER 19, 2006 1. The Public Hearing was called to order at 5:30 P.M. in the Board of County Commission


Bob Bullard Carl Cool C Guy Maxcy Rick Helms Edgar Stokes Bob Jamison Andrew Jackson J Ross Macbeth Barbara Stewart Jodi Pifer

2. INVOCATION AND PLEDGE OF ALLEGIANCE The meeting opened with a prayer by Commissioner C. Guy Maxcy. The Pledge of Allegiance was led by Commissioner Edgar Stokes. 3. Public Hearing statement read by the Chairperson to identify the millage rate over rolled

back rate. 4. Budget presentation by staff County Administrator, Carl Cool, made some opening remarks, and presented the final budget for adoption by the Board. Budget Manager, Tim Mechling, presented a balanced budget, summarizing the changes that have been made since the last budget hearing. Mr. Cool stated that because of the savings the County experienced in the health care costs for employees, two of the constitutional officers are asking for additional consideration in their budgets. The Sheriff’s office is asking that their savings be put into a jail facilities account that would help fund the needed modifications to the existing building. The Clerk’s office is asking that their savings be set aside for the purchase of some needed infrastructure improvements for some of the computer servers that need to be upgraded. Assistant County Administrator, Rick Helms, stated that the remaining savings would be spread across other funds, including the Transportation Trust Fund and the Solid Waste Enterprise Fund. 5. Public Hearing open to public input discussion and comments. John Drennan spoke regarding the increase in property taxes. Billy Kingston, of the West Sebring Fire Department, thanked County Staff for adding a training officer back in the budget for the fire services. 6. Motions for adoption of FY 2006-2007 Resolutions

A. Millage Resolution Adoption

Motion by Commissioner Stewart, seconded by Commissioner Stokes, to adopt Resolution, adopting the millage rate at 8.5 mills as presently contained in the tentative budget for the 2006-2007 fiscal year, exceeding the rolled back rate of 6.6159 mills by 28.48%. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 160.

B. Final Budget Resolution Motion by Commissioner Stewart, seconded by Commissioner Stokes, to adopt Resolution, adopting the final budget for the fiscal year 2006-2007 in the sum of $148,013,708 for all funds exclusive of special benefit assessment districts. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 161.

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C. Adoption of Special Assessment Districts Budget Resolution Motion by Commissioner Stewart, seconded by Commissioner Stokes, to adopt Resolution, adopting a service assessment for all special benefit assessment districts, after having individually considered and adopted a service assessment and budget for each district, in the total sum of $4,683,667 which included $2,553,509 in fund balance brought forward from the previous fiscal year. Board Attorney, Ross Macbeth, stated the motion needs to be amended to include all of the special benefit districts as listed in the resolution. Commissioner Stewart and Commissioner Stokes accepted the amendment to the motion. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 162.

D. Resolution for adoption of budget changes

Motion by Commissioner Stewart, seconded by Commissioner Stokes, to adopt Resolution, incorporating the changes referenced into the final document. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 163.

7. Adjournment The meeting adjourned at 6:12 P.M.

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Barbara Stewart Tonia Rivera 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Development Services Director, Jim Polatty. The Pledge of Allegiance was led Commissioner Edgar Stokes. 3. ANNOUNCEMENTS

A. Clerk Deputy Clerk, Bob Jamison, presented a report of Weekly Report of Court Services for the week ended September 22, 2006 as provided by the Highlands County Clerk of Courts, L.E. “Luke” Brooker. See SMB 48 Page 126.


Sept. 27 7:30 A.M. Children’s Services Council 1000 S. Highlands Ave., Sebring Sept. 27 10:00 A.M. Heartland Library Cooperative Board 319 W. Center Ave., Sebring Sept. 27 10:00 A.M. Long Range Transportation Committee 501 S. Commerce Ave. Engineering

Training Room Sept. 27 4:00 P.M. Natural Resources Advisory Board 501 South Commerce, Sebring

C. Other meetings: The Historic Preservation Commission will meet on September 28 at 2:30

p.m. at the Agri-Civic Center, Room # 3.

4. CONSENT AGENDA: Motion by Commissioner Stokes, seconded by Commissioner Jackson, to approve agenda as amended, removing Item H from agenda, and pulling Items L & M, to be heard as public hearings. Upon roll call, all Commissioners voted aye. Motion carried.


General ……………………………………. 306,863.15 County Transportation Trust …………….. 24,688.82 E911 Operations Fund …………………….. 4,750.69 Intergovt Radio Communications …………. 1,248.00 Local Govt Infra Surtax……….……………. 2,790.57 Tourist Dev Trust Fund ……………………..... 917.70 Community Development Block …………… 1,175.04 Affordable Housing Asst …………………… 6,000.00 Hurricane Housing Rec Pro ………………... 3,320.00 Special Law Enforcement …………………. 16,725.13 Sebring Parkway Maint ………………………. 300.00

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Court Tech …………………………………….... 49.04 Building Code Enfor Fund …………………… 496.80 HCISSRB Construction Fund ………………7,565.20

Solid Waste ...…………………………….… 25,253.32 Placid Utilities ...…………………………….. 8,219.28 Highway Park Utility ……………………….. 1,737.03 Tax Deed Surplus Fund ………………….. 102,795.49

B. Request approval of Satisfaction of Mortgage for Antonia Santiago. See Satisfaction file. C. Request approval of Satisfaction of Mortgage for Eric T. and Jeannie M. Sircy. See

Satisfaction file. D. Request approval of Satisfaction of Mortgage for Mayra E. Garcia. See Satisfaction file. E. Request approval of Satisfaction of Mortgage for Georgia M. Rushing. See Satisfaction

file. F. Request approval of Satisfaction of Mortgage for J. Pilar Arellano. See Satisfaction file. G. Request approval of Satisfaction of Mortgage for Jose Feliciano. See Satisfaction file. H. Request approval of Satisfaction of Mortgage for Rafael A. Miranda and Jane Miranda I. Request approval of Satisfaction of Mortgage for Nelly Florez. See Satisfaction file. J. Request approval of Satisfaction of Mortgage for Renae L. Roth. See Satisfaction file. K. Request approval of a request from the Highlands County Hospital District Board to

transfer funds to the Board of County Commissioners to pay eight grant recipients as noted on the attached list. See file for copy.

L. Request approval of a Notice of Lien for CE 06050041, 3051 Glacier Ave., Avon Park, Highlands County, FL. See Subdivision file.

M. Request approval of a Notice of Lien for CE 06020019, 1790 N. Fonda Rd., Avon Park, Highlands County, FL. See Subdivision file.

N. Request approval of ITB 06-051 Sale of Properties Identified as: Property 1: County Owned Land located at 401 Roebling Avenue, Lake Placid, FL 33852; Placid Lakes Ind Park; PB 8, PG 63, Lot 8, BLK 199; Strap #C-14-37-29-300-1990-0080; Property 2: Placid Lakes Special Benefit Dist., C/O BCC – Land located at: 411 Roebling Avenue; Lake Placid, FL 33852; Placid Lakes Ind Park; PK PB 8, Pg 63, Lot 9, BLK 199; Strap # C-14-37-29-300-1990-0090

O. Request to release a Unity of Title Agreement P. Request approval of a request to extend the 2006 ad valorem property tax roll prior to

completion of the Valuation Adjustment Board hearings. See SMB 48 Page 127. Q. Request approval of an Emergency Management Base Grant 2006/07 R. Request approval to execute the 2006-2007 Victims of Crime Act (VOCA) Grant

Agreement S. Request approval of Resolutions & budget amendments 05-06-308; 309. See Res. Book 19

Page 160. 5. PRESENTATION: Housing Coordinator: Presentation of the HUD Community Partner

Best Practice Award This item will be rescheduled. 6. PUBLIC HEARING: Public Hearing to consider purchase of a portion of 3000 Sebring

Parkway, Sebring, FL, 33870 for Parkway Phase II – Project #01101

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Land Acquisitions Manager, Kathy Avirett, presented the request and entered the proof of publication into the record. Motion by Commissioner Stokes, seconded by Commissioner Maxcy, to approve the Contract for Sale and Purchase Agreement for a portion of 3000 Sebring Parkway, Sebring, for Sebring Parkway Phase II Right of Way. Upon roll call, all Commissioners voted aye. Motion carried. See file for copy. 7. PUBLIC HEARING: Public Hearing to consider purchase of a portion of 300 S. Eucalyptus

Street, Sebring, FL 33870 for Sebring Parkway Phase II – Project #01101 Land Acquisitions Manager, Kathy Avirett, presented the request and entered the proof of publication into the record. Motion by Commissioner Stokes, seconded by Commissioner Jackson, to approve the Contract for Sale and Purchase Agreement for a portion of 300 S. Eucalyptus Street, Sebring, for Sebring Parkway Phase II Right of Way. Upon roll call, all Commissioners voted aye. Motion carried. See file for copy. 8. PUBLIC HEARING: Public Hearing for consideration of a motion to adopt a Resolution to

vacate the South 5 feet of the North 10 feet of Lots 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24, Hampton Woods Subdivision, according to the Plat thereof as recorded in Plat Book 16, Page 49, Public Records of Highlands County, Florida, and the North 5 feet of the South 10 feet of Lots 25, 26, 27, 28, 29, 30, 31, 32, 33, and 34, Hampton Woods Subdivision, according to the Plat thereof as recorded in Plat Book 16, Page 49, Public Records of Highlands County, Florida

County Engineer, Ramon Gavarrete, presented the request and proof of publication was entered into the record. Motion by Commissioner Stewart, seconded by Commissioner Maxcy, to adopt the resolution to vacate the easements as described. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 161. 9. PUBLIC HEARING: Public Hearing for consideration of a motion to adopt a Resolution to

vacate 5’ of the Utility and Drainage Easement lying on the West side of Lot 20, Block 18, Highlands Park Estates, Section B, according to the Plat thereof as recorded in Plat Book 4, Page 68 and; the 10’ Utility and Drainage Easement lying on the South side of Lot 20, Block 18, Highlands Park Estates, Section B, according to the Plat thereof as recorded in Plat Book 4, Page 68 and; the 10’ Utility and Drainage Easement lying on the East side of Lot 20, Block 18, Highlands Park Estates, Section B, according to the Plat thereof as recorded in Plat Book 4, Page 68 and; the 10’ Utility and Drainage Easement lying on the North side of Lot 15 and 16, Block 18, Highlands Park Estates, Section B, according to the Plat thereof as recorded in Plat Book 4, Page 68 and; the 10’ Utility and Drainage Easement lying on the East side of Lot 15, Block 18, Highlands Park Estates, Section B, according to the Plat thereof as recorded in Plat Book 4, Page 68 and; the 10’ Utility and Drainage Easement lying on the West side of Lot 16, Block 18, Highlands Park Estates, Section B, according to the Plat thereof as recorded in Plat Book 4, Page 68 and; 5’ Utility and Drainage Easement lying on the West side of Lot 15, Block 18, Highlands Park Estates, Section, B, according to the Plat thereof as recorded in Plat Book 4, Page 68

County Engineer, Ramon Gavarrete, presented the request and proof of publication was entered into the record. Motion by Commissioner Maxcy, seconded by Commissioner Stewart, to adopt the resolution to vacate the easements as described. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 162.

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12. PUBLIC HEARING: Public Hearing to consider a Resolution exempting the County from Section 316.2123, Florida Statutes, concerning daytime operation of ATV’s on unpaved roads

County Administrator, Carl Cool, stated this hearing has been publicly noticed, and entered the proof of publication into the record. Sheriff Susan Benton presented the request, and showed some pictures that were taken of the damage that has been done to county roadways and infrastructure throughout the county. Public input was received from the following in support of the resolution: William Nielander, Lt. Dale Knapp of the Florida Fish & Wildlife Commission, Dick Rainey, President of the Leisure Lakes Homeowners Association, James Gilbert, Dale Coleman, John Drennan, James Casey, Jean Lee, and Ron Turner. Jeff Cowell, owner of GHC Motorsports, spoke in opposition. Road & Bridge Superintendent, Bruce VanJaarsveld, stated the main destruction is to the drainage systems, adding that all of the work that his crews do during the week can be damaged on the weekends. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to adopt the resolution, exempting the County from Section 316.2123, Florida Statutes, which would otherwise allow all-terrain vehicle (ATV) operation on certain unpaved roadways. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 163. Break 10:28 – 10:46 a.m. 10. PUBLIC HEARING: Public Hearing to consider four (4) zoning changes and one (1) small

scale plan amendment. The zoning changes were heard by the Planning and Zoning Commission on September 12, 2006. Proof of Publication for the following hearings was entered into the record.

A. OLD BUSINESS: HEARING #1853 – FLAMINGO PROPERTIES, LLC - C/O

CLIFFORD R. RHOADES Approximately 5 acres located on the East shore of Little Lake Jackson on Tubbs Road, and located as follows: Approximately 5 acres located in Sec. 6, Twp. 35S, Rge. 29E, Highlands County, Florida. Request: A zoning change from AU (Agricultural) to R-3 (Multiple Dwelling district.) Applicant desires to construct multi-family residential.

Development Services Director, Jim Polatty, presented the request. Board Attorney, Ross Macbeth, briefly went over the declaration of covenants. Cliff Rhoades, representing the applicant, stated his client is in agreement with the declarations. Motion by Commissioner Stokes, seconded by Commissioner Jackson, in accordance with the Planning and Zoning Commission and previous approval by the County Commission on July 25, adopt by Resolution P&Z 1853 amending the Zoning Atlas from AU (Agricultural district) to R-3 FUD (Multiple Dwelling district with a Flexible Unit Development) for 5.0 acres, with the conditions that are contained in the Resolution and adoption of the FUD site plan, and approve the Declaration of Covenants as prepared by the County Attorney. Upon roll call, all Commissioners voted aye, except Commissioners Stewart and Maxcy, who voted nay. Motion carried. See Res. Book 19 Page 164.

B. HEARING #1869 – ROLAND L. DILLEY, PRESIDENT, ROLAND L. DILLEY & SON,

INC. – ROGER DALE POLSTON Approximately 56 acres located on the Northeast corner of S.R. 64 and Oleander Drive, North of the Avon Park Airport, and abbreviated legal as follows: Approximately 56 acres located in Sec. 21, Twp. 33S, Rge. 28E, Highlands County, Florida. Request: A zoning change from AU (Agricultural) and M-1-S (Mobile Home and Residential Subdivisions district) to R-2 (Two-Family Dwelling district) and R-3 (Multiple Dwelling district). Applicant desires to construct single family homes, duplexes, and multi-family units.

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Development Services Director, Jim Polatty, presented the request. He added that Staff is recommending changing the zoning to R-1 and R-3. Commissioner Stewart questioned if the densities could be transferred using straight zones, or would they have to use a planned development. Mr. Polatty advised the applicant would have to come back with either an FUD or PD. Dale Polston, representing the applicant, and Bud Furr, legal counsel, stated their client is against any land transfers. Jimmy Wohl stated there were still unresolved issues about the Runway Protection Zones. C.B. Shirey, Avon Park City Manager, stated the City would support density reallocation. Commissioner Bullard questioned what the number of dwelling units would be with R-1 zoning. Mr. Polatty stated that under R-1, the total dwelling units would be 248, compared to 460 with R-2 zoning. Commissioner Maxcy made a motion to approve P&Z 1869 changing the zoning atlas for 53.02 acres from AU (Agricultural) and M-1-S (Mobile Home and Residential Subdivisions district) to R-2 (Two-family Dwelling district), and for 2.98 acres from M-1-S (Mobile Home and Residential Subdivisions district) to R-3 (Multiple Dwelling district). Motion died for lack of a second. Bud Furr stated his client would agree to the R-1, and consider density transfer. Commissioner Maxcy made a motion to approve P&Z 1869, per Staff recommendations, changing the zoning from AU and M-1-S to R-1, and M-1-S to R-3. Motion died for lack of a second. Commissioner Jackson made a motion to deny P&Z 1869. Commissioner Stewart seconded the motion. Upon roll call, all Commissioners voted aye to deny, except Commissioner Maxcy who voted nay. Motion carried.

C. HEARING #1862 – VARELA CONSTRUCTION, CORP. – C/O TRI-COUNTY

ENGINEERING, INC. Approximately 37.9 acres on the East side of Tractor Road just North of the Carva Hills Subdivision, and abbreviated legal as follows: Approximately 37.89 acres located in Sec. 10, Twp. 35S, Rge. 29E, Highlands County, Florida. Request: A zoning change from AU (Agricultural) to R-3 (Multiple Dwelling district). Applicant desires to construct a residential development.

Motion by Commissioner Jackson, seconded by Commissioner Stokes, move to table Hearing #1862 to November 28, 2006, at 9:00 a.m. or soon thereafter as possible in the County Commission Board Room. Upon roll call, all Commissioners voted aye. Motion carried.

D. NEW BUSINESS: HEARING #CPA-06-410SS – LINDA MIGNONE – C/O RICK

WHIDDEN Approximately one (1) acre parcel on the southwest corner of US 98 and Palms Estate Road in Lorida, and abbreviated legal described as follows: Approximately 1.05 acres located in Sec. 7, Twp. 35S, Rge. 31E, Highlands County, Florida. Request: A small scale plan amendment from (Agriculture) to (Commercial).

E. HEARING #1878 – LINDA MIGNONE – C/O RICK WHIDDEN Request: Approximately one (1) acre parcel on the southwest corner of US 98 and Palms Estate Road in Lorida, and abbreviated legal described as follows: Approximately 1.05 acres located in Sec. 7, Twp. 35S, Rge. 31E, Highlands County, Florida. A zoning change from AU (Agricultural) to B-3 (Business district). Applicant desires landscape nursery, nursery products and miscellaneous B-3 uses.

Development Services Director, Jim Polatty, presented the request. Rick Whidden, representing the applicant, briefly explained the request. Board Attorney, Ross Macbeth, pointed out some changes that will need to be made to ordinance, stated that the ordinance will take effect upon the recording of a Declaration of Covenants and Restrictions in a form approved by the Board of County Commissioners, prohibiting certain uses of the property, as offered by the applicant. Motion by Commissioner Stokes, seconded by Commissioner Jackson, in accordance with the Planning and Zoning Commission and the

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Local Planning Agency move to approve and adopt by Resolution P&Z 1878 changing the Zoning Atlas for 1.05 acres from AU (Agricultural) to B-3 (Business district), eliminating Permitted Uses 4 and 5 of 12.05.242 and approved and adopt by Ordinance, as recommended by the Board Attorney, CPA-06-410SS amending the Future Land Use Map for 1.05 acres from Agriculture to Commercial including the mandatory findings and transmitting CPA-06-410SS to the Department of Community Affairs for their compliance determination, and becoming effective as provided by law. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 165. 11. PUBLIC HEARING: Public Hearing to consider amending the Solid Waste Ordinance Proof of publication for this hearing was entered into the record. See Proof of Pub. Ord. Book 4 Page 17. Board Attorney, Ross Macbeth, read a caption of the ordinance into the record. County Administrator, Carl Cool, presented the request. Solid Waste Director, Ken Wheeler, briefly explained the request. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to adopt the ordinance, providing for Solid Waste definitions, regulation of collectors, standards of collection, responsibility of property owners, and prohibited acts. Upon roll call, all Commissioners voted aye. Motion carried. 13. Request approval of a Notice of Lien for CE 06050041, 3051 Glacier Ave., Avon Park,

Highlands County, FL. See Subdivision file. Code Enforcement Officer, Tommy Turnbull, presented the request. Motion by Commissioner Stokes, seconded by Commissioner Stewart, to approve placing a lien on the property as described. Upon roll call, all Commissioners voted aye. Motion carried. See Subdivision file. 14. Request approval of a Notice of Lien for CE 06020019, 1790 N. Fonda Rd., Avon Park,

Highlands County, FL. See Subdivision file. Code Enforcement Officer, Tommy Turnbull, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Maxcy, to approve placing the lien on the property as described. Upon roll call, all Commissioners voted aye. Motion carried. See Subdivision file. 15. Board Attorney: Board Attorney, Ross Macbeth, informed the Board that a public hearing needs to be scheduled, possibly for the normal public hearing meeting in October, to reconsider some issues regarding the Van Kirk Investments land use and zoning change hearings. 16. ACTION AGENDA: Motion by Commissioner Stewart, seconded by Commissioner Stokes, to set action agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval of Budget Amendment # 05-06-312 County Administrator, Carl Cool, presented the request. Budget Manager, Tim Mechling, stated this budget amendment is a reimbursement of expenses from the State for the Emergency Management Base Grant. Motion by Commissioner Stokes, seconded by Commissioner Jackson, to approve the budget amendment as presented. Upon roll call, all Commissioners voted aye. Motion carried.

B. Request approval of Budget Amendment # 05-06-314 County Administrator, Carl Cool, presented the request to approve a budget amendment to fund the replacement of some network systems equipment in the Courthouse. Motion by Commissioner

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Stewart, seconded by Commissioner Maxcy, to approve the budget amendment as presented. Upon roll call, all Commissioners voted aye. Motion carried.

C. Request approval of grant extension to the Highlands County Lakes Association County Administrator, Carl Cool, presented the request. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to approve the grant extension for the Lakes Association for one year starting October 1st. Upon roll call, all Commissioners voted aye. Motion carried. 17. COMMISSIONERS: Commissioner Stewart reported on the Water Management Annual Conference she attended that was hosted by SWFWMD. Commissioner Maxcy commented on the mosquito problem in the county, and asked Staff to consider purchasing some pellets to pass out the public to help with the problem. Carl Cool stated that the mosquito count has gone down, but Staff can get some of the pellets if the Board will authorize the funds. 18. ADJOURN The meeting adjourned at 1:48 P.M.

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REGULAR MEETING OF THE BOARD OCTOBER 3, 2006 1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at



Edgar Stokes J Ross Macbeth Barbara Stewart Jodi Pifer

Tonia Rivera 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Commissioner Edgar Stokes. The Pledge of Allegiance was led by Harold Linville, of the Disabled American Veterans. 3. ANNOUNCEMENTS

A. Clerk No report.


Oct. 3 3:00 pm Highlands Soil and Water Conservation District 4509 George Blvd. Room 3 Oct. 3 7:00 pm Construction Licensing, Enforcement and

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

Oct. 4 8:00 am Local Mitigation Strategy Working Group #251, 600 S. Commerce Ave. Oct. 9 9:00 am HC Homeowners Assoc., Inc. 3240 Gran Prix Dr., Sebring

C. Other meetings: The Lake Placid Growth Management Committee will meet on October 3 at 4

P.M. at the Lake Placid Town Hall. 4. CONSENT AGENDA: Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to approve agenda as amended, removing items E, H, & K, to be placed on action agenda. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits October 3, 2006 General ……………………………………. 457,989.28 County Transportation Trust ……………. 84,576.82 E911 Operations Fund ………………………… 64.95 Local Govt Infra Surtax ……….………….. 92,894.09 Tourist Dev Trust Fund ……………………. 2,177.48 Community Development Block …………. 11,661.25 Affordable Housing Asst ……………….… 14,830.11 Sebring Parkway Maint …………………….. 850.00 State Court Facilities TF …………………….. 533.00 Building Code Enfor Fund ………………….. 645.84 HCISSRB Construction Fund ………………. 375.00

Solid Waste ...…………………………….. 124,842.68 Placid Utilities ...………………………….... 1,243.70 Highway Park Utility ………………………….. 35.56

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Tax Deed Surplus Fund ………………….. 23,180.95 B. Request approval of the minutes of the meetings of the board for September 19, 2006

(includes the final 06/07 Budget Public Hearing) C. Request approval of a Notice of Nuisance on CE 06080136, 465 Grand Prix Dr., Venus,

FL. See Subdivision file. D. Request approval of the County Incentive Grant Program (CIGP) Agreement by and

between the State of Florida Department of Transportation (FDOT) and Highlands County for the Sebring Parkway Phase II Project with the FDOT’s maximum participation in the amount of $1,940,000.00 (one million nine hundred forty thousand dollars). See file for copy.

E. Request approval of Chastain-Skillman Consultant Service Authorization 8680.24 for Human Service/Veteran Services Addition & Renovation

F. Request approval of Chastain-Skillman Consultant Service Authorization No. 8686.23 to provide miscellaneous services to the Solid Waste Department for FY06/07. See file for copy.

G. Request approval of PBS&J Task Order No. 19 to provide miscellaneous services to the Solid Waste Department for FY 06/07. See file for copy.

H. Request approval of Placid Utilities Advisory Committee term extensions, new chairperson and appointment of Lois Krebs as a regular member to the committee

I. Request approval to re-appoint April Hartseil, and appoint Cindy Townsend to the Enterprise Zone Development Agency/Champion Community Board. See SMB 48 Page 128.

J. Request approval of new member category, Highlands County Angler-Hunter representative for the Lake Istokpoga Management Committee. See SMB 48 Page 129.

K. Request approval of Change Order #1 for E-Stone – Chastain Skillman, Inc. L. Request approval of Budget Amendments 05-06-311; 315 M. Request approval of Resolution & budget amendment 05-06-317. See Res. Book 19 Page

170. 5. ACTION: Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to set agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.

A. Miss Ashley Preston, 4-H: Request approval of a Proclamation recognizing National 4-H Week in Highlands County

Ashley Preston, Highlands County 4-H County Council President, presented the request. Chairman Bullard read the proclamation into the record. Motion by Commissioner Stokes, seconded by Commissioner Stewart, to adopt the proclamation, recognizing October 1-7, 2006 as National 4-H Week in Highlands County. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 171.

B. Chairman Bob Bullard: Request approval of a Proclamation recognizing “Fire Prevention Week”

Charles Andrews, Fire Service Specialist, presented the request. Chairman Bullard read the proclamation into the record. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to adopt the proclamation, recognizing October 8-14, 2006 as Fire Prevention Week in Highlands County. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 172.

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Commissioner Jackson arrived at the meeting at 9:20 A.M. 6. PUBLIC HEARING: Public Hearing to consider an Ordinance amending the Impact Fee

Ordinance County Administrator, Carl Cool, presented the proof of publication for this hearing into the record. See Proof of Pub Ord. Book 4 Page 18. Board Attorney, Ross Macbeth, read a caption of the ordinance into the record. He stated this ordinance is necessary to correct a scrivener’s error, changing the date of the impact fee study to September 1, 2006 to be consistent with the Board’s actions. Commissioner Stokes commented on the number of building permits waiting to be issued that have not been picked up. Mr. Cool stated that the building department currently has two filing cabinets full of permits that have been applied for, reviewed by Staff, and ready to be issued. If they are picked up after December 31st, the builders will have to pay impact fees. Commissioner Bullard stated the definition of a complete building permit application needs to be clarified, and the deadline dates defined. County Engineer, Ramon Gavarrete, stated that a complete building permit application requires all of the permits issued from the County Engineers’ office, and all development orders. An application will not be found complete unless a final development order has been issued by the County Engineers’ office. For residential, an application is not complete until a driveway permit is issued. Commissioner Bullard also suggested clarification on how square footage is figured on residential, whether by living area or total square footage, adding that the assumption was living area. He requested Staff to pull the September 1, 2006 impact fee study to get the definition of square footage. Helen McKinney of the Building Department stated they collect fees for building permit applications based on total square footage, both living and unenclosed areas. Mr. Cool stated Staff will take the Board’s directions, and come back with recommendations for any needed changes. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to adopt the ordinance, providing for adoption of the impact fee study. Upon roll call, all Commissioners voted aye. Motion carried. 7. ACTION: Motion by Commissioner Stokes, seconded by Commissioner Stewart, to adopt agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.

A. Ms. Carolyn Mickler, Lush Foliage Landscape Nursery: Request to waive fee for dumpster

Carolyn Mickler, presented her request. County Administrator, Carl Cool, stated that Ms. Mickler applied for a Commercial Property Exemption, but does not meet the requirements because she does not need to go to the landfill once a week, per county ordinance. He recommended that the Board uphold the ordinance, and require her to go the landfill as least once a week, if she chooses to haul her own waste. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to uphold the county ordinance, and support the County Administrators’ recommendation. Upon roll call, all Commissioners voted aye. Motion carried. Staff was instructed to meet with Ms. Mickler after the meeting to move forward with the issue. See SMB 48 Page 129.

Break 10:45 – 11:00 a.m.

Brett Syphers, representing the Southwest Florida Water Management District, invited the Board and County Staff to attend a meeting on October 20, at the Bartow office, to hear presentations from project managers and ask questions about the different projects going on in Highlands County.

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B. County Administrator: 1. Request approval of the proposed Dock and Boathouse Policy

County Administrator, Carl Cool, presented the request. Commissioner Bullard commended Staff for the amount of time they have put into this policy. He added that the policy needs to provide for exceptions for lots that have 50 feet of less of shoreline frontage. Board Attorney, Ross Macbeth, stated he will add a subsection to include the exception that, according to Florida Administrative Code, would provide 10 foot minimum setbacks for lots with less than 65 feet of frontage, and require the dock or boathouse to be centered between the lot lines. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to adopt the Resolution and Dock and Boathouse policy, as amended by the Board Attorney. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 173.

2. Request approval of budget amendment 05-06-316 decreasing fund 005 Reserve for

Contingency County Administrator, Carl Cool, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Maxcy, to approve the budget amendment as described. Upon roll call, all Commissioners voted aye. Motion carried.

C. Request approval of authorization for Chairman to execute Certification of Acceptance

for the Edward Bryne Grant Motion by Commissioner Jackson, seconded by Commissioner Maxcy, to approve the authorization for the Chairman to execute the Certificate of Acceptance for the Edward Bryne Grant. Upon roll call, all Commissioners voted aye. Motion carried. See file for copy.

D. Request approval of Chastain-Skillman Consultant Service Authorization 8680.24 for

Human Service/Veteran Services Addition & Renovation Commissioner Jackson requested this item be placed on the action agenda to allow for discussion. Commissioner Stewart requested additional information on this project, specifically the need, funding sources, and costs. Assistant Human Services Director, Mary Foy, briefly explained the request, adding that she would like to see the County go forward with some preliminary design, and review it. Commissioner Bullard suggested Staff get more information and schedule a workshop to discuss this issue further, and also schedule a workshop on the CIP with updated costs, as soon as possible.

E. Request approval of Placid Utilities Advisory Committee term extensions, new

chairperson and appointment of Lois Krebs as a regular member to the committee Commissioner Stewart questioned why Staff is requesting to add another member to the committee that is not a representative of the commercial accounts. County Engineer, Ramon Gavarrete, stated there have been no applications received from any commercial accounts, and the committee did not feel the commercial account holders would be responsive to participating in this committee. Commissioner Bullard clarified that there would still be one open slot for the commercial accounts, and one for an alternate member. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to approve the request as presented. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 48 Page 130.

F. Request approval of Change Order #1 for E-Stone – Chastain Skillman, Inc

Commissioner Stewart questioned if Staff looked at the proposed route to make sure there is sufficient right-of-way to put in the gas lines. County Engineer, Ramon Gavarrete, stated Staff will look at the right-of-way issues again. County Administrator, Carl Cool, stated the County has been mowing both

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sides of that road for 30 years, and there should be no issues with right-of-way. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to approve Addendum #1 with Chastain Skillman for the Natural Gas Pipeline for the Highlands County 2006 CDBG E-Stone Project. Upon roll call, all Commissioners voted aye, except Commissioner Stewart, who abstained. A Memorandum of Voting Conflict was entered into the record. See SMB 48 Page 131. Motion carried. See file for copy.

G. Request approval of Certification of Final Tax Value

County Administrator, Carl Cool, presented the request to approve the authorization of either the Chairman or the County Administrator to sign the Certification of Final Taxable Value. Board Attorney, Ross Macbeth, stated the certification also gives the ability to administratively adjust the Final Taxable Value. Motion by Commissioner Stokes, seconded by Commissioner Jackson, to approve the request as stated. Upon roll call, all Commissioners voted aye. Motion carried. 8. CITIZENS NOT ON THE AGENDA Dale Polston requested that the Board schedule the large scale plan amendment CPA-06-378LS for reconsideration by the Board. Ross Macbeth stated only the land use change could be reheard. He added that he would need to contact DCA’s legal counsel for procedures. Commissioner Bullard raised concern about setting a precedent. Mr. Macbeth stated any applicant can ask for reconsideration of something that has been denied by the Board. The Board reached a consensus to schedule the land use portion of CPA-06-378LS to be reheard in December. 9. COMMISSIONERS: Commissioner Stewart reported on a Low Impact Development seminar that she attended, and stated she will be attending a Transportation Workshop in Tampa tomorrow. Commissioner Maxcy reported on the FAC Legislative Conference he attended last week. He also requested an update on mosquito control. Frank Clark, owner of Clark Mosquito Control, recommended the County continue light trapping in October. Gary Mikulecky, County Extension Director, stated he has had some requests for mosquito pellets. Commissioner Bullard stated he would support getting pellets for the Venus area, and suggested Staff obtain quotes for aerial spraying of the area. 10. ADJOURN The meeting adjourned at 12:42 P.M.

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Barbara Stewart Tonia Rivera 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Commissioner C. Guy Maxcy. The Pledge of Allegiance was led by Commissioner Andrew Jackson. 3. ANNOUNCEMENTS

A. Clerk Deputy Clerk, Bob Jamison, presented a report of Monthly Business Services for September as provided by the Highlands County Clerk of Courts, L.E. “Luke” Brooker. See SMB 48 Page 132.


Oct. 16 9:00 a.m. Value Adjustment Board Board room, 600 S. Commerce Ave.

C. Other meetings: The Planning & Zoning Commission/Board of Adjustment will meet today at 3 p.m. in the County Commission Board room. The Solid Waste Department will hold a Household Hazardous Waste & E-waste Collection on Saturday October 14 at the Recycling Center from 8-2 p.m. The Community Traffic Safety Team will meet on Wednesday, October 11 at 9:30 am at the Agri-Civic Center Room # 3.

4. CONSENT AGENDA: Motion by Commissioner Stokes, seconded by Commissioner Jackson, to approve agenda as amended, pulling Item 4-C, to be placed on action agenda. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits October 10, 2006 General ……………………………………. 971,607.59 County Transportation Trust …………….. 32,021.53 E911 Operations Fund …………………… 15,648.09 Intergovt Radio Communication ……………... 33.22 Local Govt Infra Surtax ……….……….. 354,940.82 Tourist Dev Trust Fund ………………….. 14,546.72 Community Development Block ……………. 652.80 Affordable Housing Asst ……………….……. 124.21 Home Initiatives Partner ……………………1,565.48 Hurricane Housing Rec Pro ……………….. 2,438.13 Special Law Enforcement ……………………. 239.80 Fire Inspection …………………………………. 35.25 State Court Facilities TF …………………… 6,050.00 Law Library Trust Fund …………………… 2,327.38

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Court Tech ……………………………………1,597.56 Building Code Enfor Fund ………………….. 448.91 HCISSRB Construction Fund …………… 237,642.00

Solid Waste ...………………………………. 48,481.03 Placid Utilities ...……………………………. 10,878.33 Highway Park Utility ……………………….. 1,092.36 Risk Retention Fund ……………………. 1,340,939.44 Employee Benefit Fund …………………..…….. 14.07 Tax Deed Surplus Fund ………………….. 35,244.57

B. Request approval of minutes for the September 26, 2006 regular and special benefit

district meeting C. Request approval of Contract for FY 06/07 Road Resurfacing Projects, reference ITB 07-

010 D. Request approval of Library hours open to the public. See SMB 48 Page 133. E. Request approval of a tourism grant for Highlands County Habitat for Humanity

Advertising for the Caladium Festival 5K Run. See file for copy. F. Request approval to accept Grant Award for Justice Assistance Grant Funding. See file

for copy. G. Request approval to pay an invoice without a purchase order for Insurance Appraisal

Services H. Request approval to Amend budget for Cost Center 1031B Court Facilities & to pay an

invoice without a purchase order for AC Unit for Public Defenders office

5. WORKSHOP: Landfill Gas Potential Use Concepts Solid Waste Director, Ken Wheeler, along with Joe Miller, a consulting engineer with PBS&J, gave a power point presentation on the different alternatives for utilizing Landfill gas. Mr. Wheeler stated that an asphalt plant would be the most feasible alternative right now. Commissioner Stewart raised questions about costs associated with an asphalt plant and the potential production of asphalt. Commissioner Stokes expressed his support of the county producing our own asphalt. Commissioner Maxcy commended Staff for bringing this idea to the Board, adding that it would be a good way for the County to catch up on our road projects. Commissioner Bullard encouraged Staff to continue to aggressively pursue the internal actions they are taking at the facility to increase the concentration of methane that it is currently producing and to start aggressively looking for options for grants and other funding sources to pay for the additional capital outlay. Board Attorney, Ross Macbeth, stated Staff should talk to DOT about the possibility of enhancing or expanding the state’s road building program in our county with this facility. See tape for further detail. Break 10:26 – 10:40 a.m. 6. WORKSHOP: Impact Fee Procedures County Administrator, Carl Cool, gave the Board recommendations from Staff for implementation of the start date of impact fees, based on the Board’s comments of what constitutes a “completed building permit application”. He stated that a permit can not be issued until all items on the residential and commercial applications are completed. Board Attorney, Ross Macbeth, stated that the building department has a different review process than other agencies. Commissioner Maxcy questioned how

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long a permit can be held before work on a project has to be commenced. Building Official, Sy Moseley, stated once a permit is issued, State Statutes and the Building Code gives the owner or contractor six months to begin construction from the date of issuance. Development Services Director, Jim Polatty, stated that the ordinance does not specify if the impact fees are based on gross square footage, which would included garages and porches, or livable square footage, under air conditioning. He suggested using gross square footage, the area under roof, because that is the way the building department permit fees are calculated. Public input was received from Gregory Arnone, Jeff Parker, Kurt Sorenson, John Borgemeister, Bill Youngman, and Dale Polston. The Board was in agreement that the residential and commercial checklists currently being used are sufficient to constitute a completed application, and that when everything has been submitted, the application would be stamped as complete. Commissioner Bullard stated the either the ordinance needs to be amended, to specific a date that completed applications need to be received by in order to avoid paying impact fees, or go by the strict interpretation of the ordinance, and have the building department work on December 29th until all permits are issued. He suggested amending the ordinance, giving the building department the time it needs to review the applications and issue permits, and stated that impact fees will not be imposed if a stamped and completed application is received by the close of business on Friday, December 29, 2006. Ross Macbeth stated he would like to talk to Staff further, and suggested coming back to the board with a proposal other than amending the ordinance. Commissioner Bullard also stated the issue with square footage needs to be addressed, adding that the ordinance does not specify if the fees are based on gross square footage or living area square footage. Helen McKinney, Building Department Administrator, stated that her office collects permit fees based on total square footage under roof. Mr. Macbeth stated the ordinance is interpreted as gross square footage, but the impact fee study is based on living square footage, and the ordinance would need to be amended to define it. See tape for further detail. Break 12:45 – 1:00 p.m. 7. WORKSHOP: Status report concerning grant agreement to fund facilitation of a visioning

workshop(s) to identify an Urban Services Boundary in Highlands County Development Services Director, Jim Polatty, stated the purpose of this workshop is to ask the Board if they still want Staff to continue the efforts of drafting an Urban Service Area, take it to the Planning & Zoning Commission, and come back to the Board, or to terminate the effort. Staff is ready to draft a plan amendment for a 10 year financial feasible Capital Improvement Plan, and draft a plan amendment incorporating the vision and identifying the Urban Service Boundary. Commissioner Bullard questioned if Staff plans to work with the Lake Placid Growth Management Committee if the Board decides to move forward with the Urban Service Boundary, and incorporate the CIP into their plan. Mr. Polatty stated Staff is currently and will continue to work with the committee. County Administrator, Carl Cool, stated that Bert Harris, attorney for the Town of Lake Placid, would like to come before the Board and show what their planning group is doing in the Lake Placid area. Commissioner Stewart stated she would like to see staff move forward with the Urban Service concept. Staff was instructed to take the plan to P&Z, let them take the lead, and see what direction they would like to go. See tape for further detail. 8. ACTION: Motion by Commissioner Jackson, seconded by Commissioner Maxcy, to set action agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.

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A. Commissioner Barbara Stewart: Request approval of a Proclamation recognizing the month of October as “Breast Cancer Awareness Month”

Commissioner Stewart read the proclamation into the record. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to adopt the proclamation, recognizing the month of October as Breast Cancer Awareness Month, and October 20th as National Mammography Day. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 175.

B. County Engineer: Request approval of Consultant Service Authorization No. 8680.04C

and Budget Amendment 06-07-02 for the Highlands County Sheriff’s Office Addition and Renovation

County Engineer, Ramon Gavarrete, presented the request. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to approve the Consultant Service Authorization with Chastain Skillman and the budget amendment as described. Upon roll call, all Commissioners voted aye. Motion carried. See file for copy.

C. County Administrator:

1. Request approval of budget amendment 05-06-318 decreasing fund 005 Reserve for Contingency

County Administrator, Carl Cool, presented the request. Motion by Commissioner Stokes, seconded by Commissioner Stewart, to approve the budget amendment as described. Upon roll call, all Commissioners voted aye. Motion carried.

2. Request approval of complete application clarification and post card notification relating to impact fees

D. Request approval of Contract for FY 06/07 Road Resurfacing Projects, reference ITB 07-

010 Commissioner Jackson requested an update on the relationship with Better Roads, and the situation with asphalt. Road & Bridge Superintendent, Bruce Van Jaarsveld, stated they will begin paving Scenic Highway on October 16. Under last year’s contract, they left the County with two roads unpaved, and stated they could not complete the contract without more money. He added that the relationship with Better Roads is not good because they would not honor their contract, and there is no assurance they would not do the same thing again this year. Board Attorney, Ross Macbeth, stated Better Roads is not willing to enter into a binding contract, but will provide materials as long as it is okay with them. He added that he would review last year’s contract and the current contract to see if the Board has any recourse, and report back to the Board. General Services/Purchasing Director, Jed Secory, suggested putting the contractor on notice up front or holding a retainage from them. County Engineer, Ramon Gavarrete, suggested at least a 10 percent retainage. Motion by Commissioner Jackson, seconded by Commissioner Stokes, to approve the contract as presented. Upon roll call, all Commissioners voted aye. Motion carried. See file for copy.

E. Request approval of Resolution & Budget Amendments 06-07-03 and 06-07-10

County Administrator, Carl Cool, presented the request. Motion by Commissioner Stokes, seconded by Commissioner Jackson, to approve the resolution and budget amendment as described. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 176.

F. Report of Library Hours

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Michael Pate, from the Sebring Library, gave the Board a brief explanation of the revised hours that the County libraries will be open to the public.

9. COMMISSIONERS: Commissioner Stewart reported on the Statewide Partners Workshop on Florida’s Future Statewide Corridors she attended last week in Tampa. 10. ADJOURN The meeting adjourned at 2:22 P.M.

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Barbara Stewart Tonia Rivera 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Facilities Manager, David Flowers. The Pledge of Allegiance was led by Commissioner Edgar Stokes. 3. ANNOUNCEMENTS

A. Clerk Deputy Clerk, Pam Cross, presented a report of Weekly Report of Court Services for the week ended October 13, 2006 and report of Jury Trial Week for October as provided by the Highlands County Clerk of Courts, L.E. “Luke” Brooker.

B. Upcoming County meetings were entered into the record by County Administrator, Carl Cool. Oct. 18 10:00 a.m. E-911 Communication Committee Meeting 6800 West George Blvd. Sebring Oct. 18 10:00 a.m. Heartland Library Cooperative Board 319 W. Center Ave. Sebring Oct. 19 9:30 a.m. Highlands County Community Health

Improvement Planning Committee 7205 South George Blvd. Sebring

Oct. 19 10:00 a.m. Lake Istokpoga Management Committee 600 S. Commerce Ave.

C. Other meetings: The Lake Placid Area Growth Management Committee will meet today at 5 p.m. at the Lake Placid Town Hall. On November 6 at 2 p.m. the SWFWMD will give a presentation on the upcoming Lake Placid Watershed Management Project at the Lake Placid Town Hall. October 18, 2006 is Mentoring Day for the Ridge Area ARC.


A. Request approval to pay all duly authorized bills and employee benefits October 17, 2006 General …………………………………… 2,795,251.04 County Transportation Trust ……………... 87,318.05 E911 Operations Fund ……………………. 339,356.00 E911 Wireless Fund ……………………….. 195,148.00 Intergovt Radio Communication …………... 10,684.20 Legal Aid …………………………………….… 3,437.27 Local Govt Infra Surtax ……….………….. 268,994.57 Tourist Dev Trust Fund ………………………… 961.89 Community Development Block ……………. 13,966.67 Affordable Housing Asst …………………… 11,924.99 Home Initiatives Partner …………………….. 5,280.00

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Hurricane Housing Rec Pro …………………. 6,020.01 Law Library Trust Fund ……………………..… 493.00 Court Tech …………………………………….. 3,474.74 Building Code Enfor Fund ………………….. 13,727.73 HCISSRB Construction Fund …………………. 184.10

Solid Waste ...……………………………….... 33,245.81 Placid Utilities ...………………………………. 3,830.31 Highway Park Utility ……………………….... 1,810.94 Tax Deed Surplus Fund ……………………… 70,899.41

B. Request approval of the minutes of the meetings of the board for September 12 and

October 3, 2006 C. Request approval to Write-Off EMS Bills/Special Needs. See SMB 48 Page 134. D. Request approval of alternate employee representative from Insurance Committee. See

SMB 48 Page 135. E. Request approval to declare a Notice of Nuisance on CE 06060108, 5600 Lakewood Rd.

Sebring, FL. See Subdivision file. F. Request approval to declare a Notice of Nuisance on CE 06070001, 5543 Lakewood Rd,

Sebring, FL. See Subdivision file. G. Request approval to Release a Notice of Nuisance on CE 06030072, 4811 Mundell Ave.

Sebring, FL. See Subdivision file. H. Request approval to declare a Notice of Nuisance on CE 05070047, 6012 Red Beach Lane,

Sebring, FL. See Subdivision file. I. Request approval of Deductive Change Order for Sports Complex J. Request approval of Budget Amendments 06-07-07 K. Request approval of Budget Amendments 05-06-320 L. Request approval of Budget Amendments 06-07-12 M. Request approval of Resolution & budget amendment 06-07-08. See Res. Book 19 Page

177. N. Request approval of grading request from City of Sebring. See SMB 48 Page 136.

8. PUBLIC HEARING: Public Hearing to Consider purchase of:

1. 1720 Sebring Parkway Sebring, FL, 33870 for Sebring Parkway Phase II - Project #01101. 2. 2000 Sebring Parkway & 3600 Youth Care Lane Sebring, FL, 33870 for Sebring Parkway

Phase II – Project #01101. Land Acquisitions Manager, Kathy Averitt, presented the request. County Engineer, Ramon Gavarrete, stated that these two pieces of property would require an extraordinary vote due to the contract values are above the average of the two appraised values. Motion by Commissioner Stokes, seconded by Commissioner Maxcy, to approve the Contract for Sale and Purchase Agreements for the properties as described. Upon roll call, all Commissioners voted aye. Motion carried.

3. A Portion of 2500 Sebring Parkway Sebring, FL, 33870 for Sebring Parkway Phase II –

Project #01101. 4. A Portion of 2600 Sebring Parkway (A Portion of Lot 48) Sebring, FL, 33870 for Sebring

Parkway Phase II – Project #01101.

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5. A Portion of 2600 Sebring Parkway (A Portion of Lots 49+50) Sebring, FL, 33870 for Sebring Parkway Phase II – Project #01101.

Land Acquisitions Manager, Kathy Averitt, presented the request. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to approve the Contract for Sale and Purchase Agreements for the properties as described. Upon roll call, all Commissioners voted aye. Motion carried. 5. PRESENTATION: Sheriff Susan Benton: Quarterly Report Sheriff Susan Benton presented a Quarterly Report of the Highlands County Sheriff’s Office, giving some quarterly information collected from the law enforcement bureau and the detention bureau. See SMB 48 Page 137. 6. PRESENTATION: Lynn Topel: South Central Rural Economic Development Catalyst

Project This item has been rescheduled for October 24, 2006. 7. PRESENTATION: Karen Jackson: Presentation of the U.S. HUD Best Practices Awards for

Strengthening Communities Chairman Bullard introduced Karen Jackson Sims, Tampa Field Office Director for the U.S. Department of Housing and Urban Development. Ms. Jackson Sims presented the County with two awards, one for Increasing Home Ownership Opportunities, for the institution of a new development impact fee program, and one for the Establishment of a Six County Rural Consortia to address concerns of homelessness. Chairman Bullard and Housing Director, Penny Phillippi, accepted the awards on behalf of the County. Break 9:45 – 10:05 a.m. 9. ACTION: Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to set agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.

A. Commissioner Maxcy: request approval of a proclamation in recognition of “National Friends of the Library Week”

Commissioner Maxcy read the proclamation into the record. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to adopt the proclamation, recognizing October 22-28, 2006 as National Friends of the Library Week in Highlands County. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 178.

B. County Administrator: 1. Request approval of Interlocal Agreement between the Highlands County Board of

County Commissioners and the Town of Lake Placid County Administrator, Carl Cool, presented the request. Commissioner Stewart pointed out that the value of the property needs to be included in the agreement. Mr. Cool stated the value of the property should be listed as $48,000. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to approve the Interlocal Agreement with the Town of Lake Placid as amended. Upon roll call, all Commissioners voted aye. Motion carried. See file for copy.

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2. Request approval of Budget Amendment 05-06-321 increasing fund 005 Reserve for contingency

County Administrator, Carl Cool, presented the request. Motion by Commissioner Jackson, seconded by Commissioner Stewart, to approve the budget amendment as described. Upon roll call, all Commissioners voted aye. Motion carried.

3. Request approval of Budget Amendment 05-06-319 decreasing fund 401 Reserve for

Contingency County Administrator, Carl Cool, presented the request. Motion by Commissioner Jackson, seconded by Commissioner Stewart, to approve the budget amendment as described. Upon roll call, all Commissioners voted aye. Motion carried.

4. Request approval of Mr. Bernis Gainer Jr. as the new Office of Management and Budget Director

Assistant County Administrator, Rick Helms, presented the request. Mr. Gainer thanked the Board and County Staff for the opportunity to work for the Board and the citizens of Highlands County. Motion by Commissioner Maxcy, seconded by Commissioner Jackson, to approve the appointment of Bernis Gainer Jr. to the position of Office of Management and Budget Director. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 48 Page 138.

5. Request by Mr. Smith to waive application fee County Administrator, Carl Cool, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Jackson, to deny the request to waive the application fee for a special exception application. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 48 Page 139. 10. CITIZENS NOT ON THE AGENDA No participants. 11. COMMISSIONERS: Commissioner Stewart announced that Richard Conover celebrated a birthday this past weekend. 12. ADJOURN The meeting adjourned at 10:35 A.M.

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Tonia Rivera Commissioner Stewart was absent from the meeting. 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Commissioner Edgar Stokes. The Pledge of Allegiance was led by Retired Sgt. Maj. Joseph Dionne. 3. ANNOUNCEMENTS

A. Clerk Deputy Clerk, Bob Jamison, presented a report of Weekly Report of Court Services for the week ended October 20, 2006 as provided by the Highlands County Clerk of Courts, L.E. “Luke” Brooker. See SMB 48 Page 140.

B. Upcoming County meetings were entered into the record by County Administrator, Carl Cool. Oct. 25 10:00 a.m. Long Range Transportation Committee 501 S. Commerce Avenue, Sebring Oct. 25 11:30 a.m. Heartland Rural Health Network, Inc. 900 N. Robert Avenue, Arcadia, FL Oct. 26 8:00 a.m. Children’s Services Council 1000 S. Highlands Ave., Sebring Oct. 26 2:30 p.m. Historic Preservation Commission 4509 George Blvd., Sebring Oct. 26 2:30 p.m. Recreation and Parks Advisory

Committee 505 S. Commerce Ave., Sebring

Oct. 30 8:30 a.m. H.C.L.A. Tourist Tax Projects Committee

4344 George Blvd., Sebring

C. Other meetings: The Planning & Zoning Commission will meet today, October 24, from 4-6

p.m. in the Planning Conference Room. Early Voting will be taking place all this week in the Government Center Lobby. A Veterans Day Parade is planned for Friday, November 10th at 4 p.m.

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

A. Request approval to pay all duly authorized bills and employee benefits October 24, 2006 General …………………………………… 335,569.60 County Transportation Trust ……………172,959.79 Local Govt Infra Surtax ……….…………110,891.11 Tourist Dev Trust Fund ………………….. 18,675.18 Affordable Housing Asst ……………………3,852.00 Hurricane Housing Rec Pro …………………. 335.00 Sebring Parkway Maint ……………………... 100.00

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Court Tech ………………………………………48.84 Building Code Enfor Fund ………………… 5,476.49 HCISSRB Construction Fund …………… 12,000.00

Solid Waste ...……………………………… 57,819.11 Placid Utilities ...……………………………. 2,691.61 Highway Park Utility ………………………… 351.50 Risk Retention Fund ……………………………. 1.69 Employee Benefit Fund ……………………….. 76.75 Tax Deed Surplus Fund ……………………17,083.30

B. Accept into the record the August 2006 Court-Related and Other Miscellaneous Funds

Revenue and Expenditures. See SMB 48 Page 141. C. Request approval to appoint Ferdinand Arbelo as a member of the Veteran’s Services

Advisory Board. See SMB 48 Page 142. D. Request approval of a Release of Nuisance for CE 05060199, 101 Atterberry Drive,

Sebring, Highlands County, FL. See Subdivision file. E. Request approval of a Release of Nuisance for CE 06050041, 3051 Glacier Ave., Avon

Park, Highlands County, FL. See Subdivision file. F. Request approval of Execution of grants contracts for FY 2006-07 Ridge Area

Association for Retarded Citizens, Inc. a Fl Non-Profit Corporation and Nu-Hope Elder Care Services, Inc. a FL Non-Profit Corp. See file for copy.

G. Request approval of a revised railroad reimbursement agreement between State Department of Transportation and CSX Transportation, Inc. See file for copy.

H. Request to approved and execute Federally funded Sub grant Agreement between the State of Florida, Division of Emergency Management and Highlands County Board of County Commissioners also Resolution and Budget amendment 06-07-15. See file and Res. Book 19 Page 182.

I. Request approval of Budget amendment 06-07-16 J. Request approval of Resolutions and Budget amendments 06-07-11; 14; 17. See Res.

Book 19 Page 183. K. Request approval of Resolutions & budget amendments 05-06-323; 324. See Res. Book

19 Page 184. L. Request approval of Resolutions & budget amendments 06-07-01; 18. See Res. Book 19

Page 185.


A. Request by Town of Lake Placid Growth Management Committee to present “Report of the Greater Lake Placid Area Growth Management Committee”

Bert Harris, Attorney for the Town of Lake Placid, presented a report from the Lake Placid Area Growth Management Committee on a development plan for the area, along with a schedule for having comprehensive plan amendments transmitted by the Town and County sometime in 2007. Discussion followed. Public input was received from Debra Worley, Hank Kowalski, and Don Linton. See SMB 48 Page 143.

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6. PRESENTATION: Tax Collector: Annual Presentation Myrna Spencer and Lisa Bryson, from the Highlands County Tax Collectors Office, gave a powerpoint presentation on the Tax Collector’s Office, and the services they provide to the County. She stated that the Tax Collector’s Office would be returning approximately $697,000 of unspent budget funds to the Board. 7. PRESENTATION: Lynn Topel: South Central Rural Economic Development Catalyst

Project Lynn Topel, Executive Director of FHREDI, gave the Board a brief update on the South Central Rural Economic Development Catalyst Project. She stated the next meeting is scheduled for November 8, 2006 at the Sebring Civic Center from 1-4:30 p.m. See SMB 48 Page 144.

8. PUBLIC HEARING: Request approval to place a Lien on CE 06020022, 200 Garret Rd.

Avon Park, FL Code Enforcement Officer, April Hartseil, presented the request. Motion by Commissioner Maxcy, seconded by Commissioner Jackson, to approve placing the lien on the property as described. Upon roll call, all Commissioners voted aye. Motion carried. See Subdivision file.

9. PUBLIC HEARING: Request approval to place a Lien on CE 06010189, 4601 Weeping

Willow Ave., Sebring, FL Code Enforcement Officer, April Hartseil, presented the request. Motion by Commissioner Jackson, seconded by Commissioner Stokes, to approve placing the lien on the property as described. Upon roll call, all Commissioners voted aye. Motion carried. See Subdivision file. 10. PUBLIC HEARING: Request approval to place a Lien on CE 06040050, 3719 Hoyt Ave.,

Sebring, FL Code Enforcement Officer, April Hartseil, presented the request. Motion by Commissioner Stokes, seconded by Commissioner Jackson, to approve placing the lien on the property as described. Upon roll call, all Commissioners voted aye. Motion carried. See Subdivision file. 11. PUBLIC HEARING: Request approval to place a Lien on CE 06040082, 3806 Rushlo St.,

Sebring, FL Code Enforcement Officer, April Hartseil, presented the request. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to approve placing the lien on the property as described. Upon roll call, all Commissioners voted aye. Motion carried. See Subdivision file. 12. PUBLIC HEARING: Request approval to place a Lien on CE 06050025, 6412 Hancock Rd.,

Sebring, FL Code Enforcement Officer, April Hartseil, presented the request. Motion by Commissioner Stokes, seconded by Commissioner Maxcy, to approve placing the lien on the property as described. Upon roll call, all Commissioners voted aye. Motion carried. See Subdivision file. 13. PUBLIC HEARING: Request approval to place a Lien on CE 05090147, 3626 Hoyt Ave.,

Sebring, FL Code Enforcement Officer, April Hartseil, presented the request. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to approve placing the lien on the property as described. Upon roll call, all Commissioners voted aye, except Commissioner Jackson, who abstained. A Memorandum of

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Voting Conflict form was entered into the record. See SMB 48 Page 145. Motion carried. See Subdivision file.

14. PUBLIC HEARING: Consideration of a motion to adopt a resolution to vacate the 5 Feet

Wide Easement lying in the Southeast portion of Lot 36, Block 3, Venetian Village Revised, as recorded in Plat Book 11, on Page 12 of the Public Records of Highlands County, Florida, and: The 5 Feet Wide Easement lying in the Northwest portion of Lot 37, Block 3, Venetian Village Revised, as recorded in Plat Book 11, on Page 12, of the Public Records of Highlands County, Florida.

County Engineer, Ramon Gavarrete, presented the request. Motion by Commissioner Stokes, seconded by Commissioner Jackson, to approve the resolution vacating the easements as described. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 186. 15. ACTION (cont’d):

A. Road Superintendent: Request approval of Road Program Road & Bridge Superintendent, Bruce Van Jaarsveld, presented the request. Road Inspector, Brian Miller, gave a brief power point presentation, describing the key factors that they look for when evaluating county roadways. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to approve the Road Program list for Resurfacing for FY 07/08, Reconstruction for FY 07/08, and Dirt Road Construction for FY 10/11. Upon roll call, all Commissioners voted aye. Motion carried. See file for copy.

B. Request approval of Budget Amendments 05-06-326 and 05-06-327

County Administrator, Carl Cool, presented the request. Motion by Commissioner Stokes, seconded by Commissioner Jackson, to approve the budget amendments as presented. Upon roll call, all Commissioners voted aye. Motion carried.

16. COMMISSIONERS: No reports. 17. ADJOURN The meeting adjourned at 10:55 A.M.

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REGULAR MEETING OF THE BOARD NOVEMBER 7, 2006 1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at



Edgar Stokes Bob Jamison Barbara Stewart J Ross Macbeth

Jodi Pifer Tonia Rivera Commissioner Jackson was absent from the meeting, serving on the Canvassing Board. 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Commissioner Guy Maxcy. The Pledge of Allegiance was led by Suzanne Krueger, patriotic instructor for the Ladies Auxiliary VFW Post 3880. 3. ANNOUNCEMENTS

A. Clerk Deputy Clerk, Bob Jamison, presented a report of Monthly Report of Business Services for October as provided by the Highlands County Clerk of Courts, L.E. “Luke” Brooker. See SMB 48 Page 146.

B. Upcoming County meetings: Nov. 7 3:00 pm Highlands Soil and Water Conservation District 4509 George Blvd. Room 3 Nov. 7 7:00 pm Construction Licensing, Enforcement and

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

Nov. 8 7:30 am Industrial Development Authority & Economic Development Commission Board of Director

EDC Office, 2113 US 27 S.

Nov. 8 1:00 pm Session III of the So. Central RACEC Catalyst Project

Sebring Civic Center, 355 W. Center Ave.

Nov. 9 2:30 pm Historic Preservation Commission #3, Ag-Center, 4509 George Blvd.

Nov. 11 2:00 pm Veteran’s Day Ceremony Courthouse lawn Nov. 13 9:00 am HC Homeowners Association, Inc. 3240 Gran Prix Dr., Sebring

C. Other meetings: On December 5, 2006 the Planning Department will hold a meeting at 1 p.m. on Rural Land Stewardship. The Central Florida Regional Planning Council will meet on November 8 at 9:30 a.m. at the Chateau Elan Conference Center.

Chairman Bullard presented County Administrator, Carl Cool, with a Character First Award, recognizing him for the character trait of “Persuasiveness”. Commissioner Stokes introduced his daughter, MaryAnn, head of legislative affairs for Farm Bureau, who was visiting from Gainesville. 4. CONSENT AGENDA: Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to approve agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits November 7, 2006 General …………………………………… 3,044,191.60

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County Transportation Trust ……………… 48,184.52 Local Govt Infra Surtax ……….………… 282,563.11 Tourist Dev Trust Fund ………………………. 539.66 Comm Development Block ………………… 29,019.47 Affordable Housing Asst ……………………….. 63.78 Home Initiatives Partner ……………………. 5,280.00 Fire Inspection …………………………………... 35.18 Court Tech ……………………………………13,242.56 Building Code Enfor Fund ……………….….. 1,213.59 HCISSRB Construction Fund ………………. 6,000.00

Solid Waste ...………………………………. 146,714.46 Placid Utilities ...……………………………... 4,598.99 Highway Park Utility ………………………… 4,696.36 Tax Deed Surplus Fund …………………… 103,696.91

Payment of bills and employee benefits was authorized on October 31, 2006 for $2,993,631.27.

B. Request acceptance and inclusion of the 2005/2006 Annual Report into the record C. Request to accept into the record the Constitutional Officers Financial Reports for Fiscal

Year 2005-2006 D. Request approval of the minutes of the meetings of the board for October 10; 17, and 24,

2006 E. Request approval of Expenditure of Confiscated Property State Funds. See SMB 48 Page

147. F. Request to approve and sign the Grant Application for the Buffer Zone Protection Plan

Project with FDLE. See grant file. G. Request approval of a Satisfaction of Lien on CE 02070042, 3712 Howard Ave., Sebring,

FL. See Subdivision file. H. Request approval of a Satisfaction of Lien on CE 04070035, 13027 US Hwy 98, Sebring,

FL. See Subdivision file. I. Request approval to issue a Release of Notice of Nuisance on CE 05060154, 2710 W.

Ingersol Rd., Avon Park, FL. See Subdivision file. J. Request approval to declare a Notice of Nuisance on CE 06080069, 3565 Green Acre Way,

Sebring, FL. See Subdivision file. K. Request approval of Satisfaction of Mortgage for Marcy J. Nowell. See Satisfaction file. L. Request approval of Satisfaction of Mortgage for Belinda S. Poczik. See Satisfaction file. M. Request approval of Satisfaction of Mortgage for Franklin Lee Flowers, Jr. See

Satisfaction file. N. Request approval of Satisfaction of Mortgage for Rafael A. Miranda and Jane Miranda.

See Satisfaction file. O. Request approval of Satisfaction of Mortgage for Thomas P. Nastri and Marcia L. Nastri.

See Satisfaction file. P. Request approval of Satisfaction of Mortgage for William A. Collier, Jr. and Susan

Collier. See Satisfaction file. Q. Request approval of Satisfaction of Mortgage for Nilda Cruz. See Satisfaction file. R. Request approval of Satisfaction of Mortgage for Richard R. Hatch and Kristina K.

Townsend. See Satisfaction file. S. Request approval of Satisfaction of Mortgage for Gordon A. Kapity. See Satisfaction file.

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T. Request approval of Satisfaction of Mortgage for Rachael L. Ziglar. See Satisfaction file. U. Request approval of Satisfaction of Mortgage for Lori A. McKown. See Satisfaction file. V. Request approval of Satisfaction of Mortgage for Christine Wescott. See Satisfaction file. W. Request approval of Satisfaction of Mortgage for Marcy Nowell and Curtis W. Boyce.

See Satisfaction file. X. Request approval of the honorary appointment of Linda Crowder to the Children’s

Services Council. See SMB 48 Page 148. Y. Request approval of Steve Fruit, Realtor, to the Affordable Housing Advisory Committee.

See SMB 48 Page 149. Z. Request approval to accept donated parcel, designate parcel as Surplus and place parcel

into the Affordable Housing Land Bank. See SMB 48 Page 150. AA. Request approval of a tourism sponsorship in the amount of $2,250.00 for The Avon Park

Chamber of Commerce for the AAU Baseball Tournament. See Grant file. BB. Request approval of a tourism sponsorship in the amount of $1,000.00 for Toby the

Clown Foundation, Inc. to develop a website. See Grant file. CC. Request approval of a tourism sponsorship in the amount of $5,000.00 for the Greater

Sebring Chamber of Commerce for the Sebring Chamber Classic Car. See Grant file. DD. Request approval of a tourism sponsorship in the amount of $16,000.00 for Sebring

International Raceway, Inc. for the Sebring Historic Fall Classic. See Grant file. EE. Request to approval of the Small County Outreach Program (SCOP) Agreement by and

between the State of Florida Department of Transportation (FDOT) and Highlands County for resurfacing and reconstructing Old SR 8 project approximately 8.9 miles south of SR 70 to SR 70 including design, construction, and construction engineering inspection services (CEI) in the amount of $2,287,488 (Two million two hundred eight seven thousand four hundred eighty-eight dollars), and Resolution 06-07-7. See file and Res. Book 19 Page 187.

FF. Request approval of the Public Pedestrian Crossing Agreement by and between South Central Florida Express, Inc. (SCFE) and Highlands County for the construction and maintenance of the Heartland Boulevard public pedestrian crossing at grade across railroad tracks as shown on the attached exhibit A, with an annual fee of $365.00 (three hundred sixty-five dollars) in addition to the one-time preparation and administration fee of $750.00 (seven hundred fifty dollars). See file for copy.

GG. Request approval of a Local Agency Program Agreement and two Resolutions authorizing the Chairman of the Board to execute said agreements, for Project ID# 417399-1 and Project ID# 410277-1. See file and Res. Book 19 Page 188.

HH. Request approval to execute the Grant Contract for Peace River Center for Personal Development, Inc., a FL Non-Profit Corporation. See Grant file.

II. Request approval of the Technical and Clarifying Revision to the 2004-2007 Hurricane Housing Assistance Plan (HHAP) – changing the amount of assistance for emergency repairs. See Housing file.

JJ. Request approval of a contract between Highlands County and the State of Florida Department of Health for corporation of the Highlands County Health Department FY 2006-2007. See file for copy.

KK. Request approval of Budget Amendment 06-07-27 LL. Request approval of Budget Amendments 05-06-325; 328 MM. Request approval of Resolutions & budget amendments 06-07-21; 22; 23; 24; 26. See Res.

Book 19 Page 189.

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A. Mr. John McElligott, Executive Director & Pam Yarbrough, Director of Marketing & Public Relations, Good Shepherd Hospice: Request approval of Proclamation recognizing November 2006 as National Hospice/Palliative Care Month

John McElligott, Executive Director of Good Shepherd Hospice, presented the request and read the proclamation into the record. Motion by Commissioner Stokes, seconded by Commissioner Stewart, to approve the proclamation, recognizing November 2006 as National Hospice/Palliative Care Month. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 190.

B. Mr. Trent Ferguson, US Army Corps of Engineers: Presentation on the S-68 structure construction

Trent Ferguson, Hydrolic Engineer for the US Army Corps of Engineers, gave a presentation on the construction of the S-68 structure on Lake Istokpoga and its overall objective in the Kissimmee River Restoration Project.

C. Emergency Medical Services Director: Request to renew the Certificate of Public

Convenience and Necessity for Aero Med II to operate in Highlands County Emergency Medical Services Director, Rick Weigand, presented the request. David Duke, from the Tampa General AeroMed Program, presented his consensus on the last 12 years of serving with AeroMed in Highlands County. Motion by Commissioner Stokes, seconded by Commissioner Stewart, to approve the renewal of the Certificate of Public Convenience and Necessity for AeroMed II to operate in Highlands County. Upon roll call, all Commissioners voted aye. Motion carried. See file for copy.

D. Budget Manager: Request approval of the proposed Cash Handling Manual Assistant County Administrator, Rick Helms, presented the request. Commissioner Maxcy suggested looking into the usage of debit cards at the Landfill. Deputy Clerk, Bob Jamison, stated one of the goals of the manual is to establish and enable debit cards to be used. Computer systems at the Landfill are currently being upgraded to accommodate debit card usage. Mr. Helms advised some software issues will need to be addressed in order to be able to accept debit cards. Budget Manager, Tim Mechling, stated there are still a few areas of contention that will have to be addressed. County Engineer, Ramon Gavarrete, advised that there will be additional expenses in his department due to the policy. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to approve the proposed Cash Handling Manual. Upon roll call, all Commissioners voted aye. Motion carried.

E. County Engineer: Request approval to reimburse developer for services rendered to

install a larger than required water main extension from the Highway Park Water System and budget amendment 06-07-25 with Resolution transferring $9,850.75 from Utility Fund 403 fund balance unreserved to Fund 402/7102A/54900/Other Charges/Obligations

County Engineer, Ramon Gavarrete, presented the request. Motion by Commissioner Stokes, seconded by Commissioner Maxcy, to approve the request as stated. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 191.

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F. Board Attorney: Request approval of an Addendum to Plat Recording Agreement – Van der Kaay

Board Attorney, Ross Macbeth, presented the request. Motion by Commissioner Maxcy, seconded by Commissioner Stewart, to approve the Plat Recording Agreement as presented. Upon roll call, all Commissioners voted aye. Motion carried.

G. County Administrator:

1.Request approval of Professional Services Acquisition Committee (PSAC) members County Administrator, Carl Cool, presented the request. General Services/Purchasing Director, Jed Secory, stated he has not had any special requests from anyone with disabilities wishing to serve on a committee. Motion by Commissioner Stewart, seconded by Commissioner Maxcy, to appoint Tanya Cannady as the Public Alternate. Mr. Cool recommended appointing the remaining members as follows: Assistant County Administrator, Rick Helms – no expiration date, Ramon Gavarrete – 4 years, Jed Secory and Ken Wheeler – 2 years, John Clark – 4 years, and Ted Puckorius and Tanya Cannady – 2 years. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to appoint members of the committee as recommended by the County Administrator. Commissioner Stewart suggested 2 year terms for all members, except the Assistant County Administrator. Commissioner Maxcy withdrew his motion. Commissioner Stokes withdrew his second. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to appoint all committee members to 2 year terms, except the Assistant County Administrator, who will have no expiration date. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 48 Page 151.

2.Request approval to accept and record Quit Claim Deed from Daniel J. Chaisson to Highlands County

County Administrator, Carl Cool, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to accept and record the Quit Claim Deed as presented. Upon roll call, all Commissioners voted aye. Motion carried. 6. CITIZENS NOT ON THE AGENDA Ray Royce requested clarification on how monies from transportation impact fees are utilized within a benefit district. 7. COMMISSIONERS: Commissioner Stewart reported on a SWFWMD meeting she attended yesterday. Commissioner Stokes commented on Water Management projects in Highlands County. Commissioner Maxcy reported on a helicopter tour he took of the County and the Kissimmee Restoration Project last week with representatives of SFWMD. 8. ADJOURN The meeting adjourned at 10:46 a.m.

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Barbara Stewart Tonia Rivera 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Parks & Recreation Director, Vicki Pontius. The Pledge of Allegiance was led by Commissioner Guy Maxcy. 3. ANNOUNCEMENTS

A. Clerk Deputy Clerk, Bob Jamison, presented a report of Weekly Report of Court Services for the week ended November 10, 2006 as provided by the Highlands County Clerk of Courts, L.E. “Luke” Brooker. See SMB 48 Page 152.

B. Upcoming County meetings: Nov. 14 2:00 p.m. Veterans Advisory Board 7205 S. George Blvd.

Sebring, Fl Nov. 14 3:00 p.m. Planning and Zoning Commission

and the Local Planning Agency 600 S. Commerce Ave. Sebring Fl. Boardroom

Nov. 14 3:00 p.m. Zoning Board of Adjustment 600 S. Commerce Ave. Sebring, Fl. Boardroom

Nov. 15 7:30 a.m. Children’s Services Council 1000 S. Highlands Ave. Nov. 15 9:00 a.m. Affordable Housing Advisory

Committee and Citizens Advisory Task Force

600 S. Commerce Ave. Sebring

Nov. 15 Noon Highlands County Business and Education Council

South Florida Community College, Auditorium

Nov. 16 9:30 a.m. Community Health Improvement Planning Committee

7205 S. George Blvd. Sebring, Fl

C. Other meetings: Ag-venture starts today and runs through Friday and tonight will be adult

night with a steak supper at Fireman’s Field. November 17 – 23 is Farm City week. 4. CONSENT AGENDA: Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to approve agenda as amended removing items K, M and S and being placed on the action agenda. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits November 14, 2006

General …………………………………… 1,383,743.84 County Transportation Trust ……………… 66,714.37 E-911 Operations Fund …………………………… 8.40 Driver Ed Safety Trust Fund ……………….. 46,676.62

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Local Govt Infra Surtax ……….……………389,727.14 Tourist Dev Trust Fund ……………….……. 46,382.04 Comm Development Block ………………….. 10,298.20 Affordable Housing Asst ……………………... 3,343.60 Hurricane Housing Rec Pro ………………….. 3,747.59 Sebring Parkway Maint ………………………… 100.00 Law Library Trust Fund ……………………… 1,430.62 Court Tech …………………………………..…… 114.72 Building Code Enfor Fund ……………….…….. 733.80 HCISSRB Construction Fund ………………. 16,000.00

Solid Waste ...…………………………………. 25,308.90 Placid Utilities ...……………………………….. 7,538.40 Risk Retention Fund ………………………………... 4.20 Employee Benefit Fund ………………………... 3,284.96 Tax Deed Surplus Fund ……………………… 10,783.91

B. Request approval of a Satisfaction of Mortgage for Antonia R. Sanchez and Hector Rivera. See Satisfaction file.

C. Request approval to declare a satisfaction of Lien on CE 04020068, 2525 S. Lake Letta Dr., Avon Park, Highlands County, Florida. See Subdivision file.

D. Request approval to declare a satisfaction of Lien on CE 04020068, 2515 S. Lake Letta Dr., Avon Park, Highlands County, Florida. See Subdivision file.

E. Request approval to declare a satisfaction of Lien on CE 04020068, 2513 S. Lake Letta Dr., Avon Park, Highlands County, Florida. See Subdivision file.

F. Request approval to declare a satisfaction of Lien on CE 05010078, 6116 3rd Ave. East., Sebring, Highlands County, Florida. See Subdivision file.

G. Request approval to declare a satisfaction of Lien on CE 04080024, 105 Main St. Lake Placid, Highlands County, Florida. See Subdivision file.

H. Request approval to declare a satisfaction of Lien on CE 02100035, 6016 Mike Kahn Rd. Sebring, Highlands County, Florida. See Subdivision file.

I. Request approval to declare a Notice of Nuisance on CE 06020057, 480 Lake Breeze St., Lake Placid, Highlands County, Florida. See Subdivision file.

J. Request approval to declare a Notice of Nuisance on CE 06010080, 9 Siesta Ln., Venus, Highlands County, Florida. See Subdivision file.

K. Request approval to waive County’s two–step Surplus Disposal process, declare indicated items Surplus, and allow donation of said Miscellaneous Surplus Library materials to Friends of the Library in Avon Park, Sebring and Lake Placid and the Rotary Club

L. Request approval to appoint Lucy Derkman, Sue Rood and Margaret Dewey to the Highlands County Library Advisory Board. See SMB 48 Page 153.

M. Request approval of Consultant Service Authorization No. 8680.01 for the design and permitting of College Dr. and Memorial Dr. Multi-Use Path

N. Request approval for extension of the SunTrust Escrow Account for SmartCop and the payment of additional administrative fee to effectuate the extension

O. Request for Conversion of Recreational Funding – City of Avon Park. See file for copy. P. Request approval to execute an Interlocal Agreement between the Town of Lake Placid

and the Highlands County Board of County Commissioners for FY 06-07 recreational funds. See file for copy.

Q. Request approval to change Street Names. See SMB 48 Page 154.

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R. Request approval of Resolution and Budget Amendments 06-07-31; 34. See Res. Book 19 Page 192.

S. Request approval to clean retention area from the Spring Lake Special Improvement District

5. PRESENTATION: Parks and Recreation Director: Vicki Pontius, presents award to the

Aquatic Plant Control Department Vicki Pontius, Parks and Recreation Director presented an Applicator of the Year award to Carl Smith, Chris Mayhew, Danny Copeland, and Wesley Williams from Florida Aquatic Plant Management.

6. PRESENTATION: Joint Land Use Study Louise England, Executive Director of the Economic Development Commission and Industrial Development Authority, gave an overview on the economic impact of the Avon Park Air-force Range on Highlands County. She presented John Leigh with the Dept. of Defense, Office of Economic Adjustment, who presented a video presentation which provided an overview of the assistance available and the importance of the study for military bases and their doorstep communities. Pat Steed, Executive Director of Central Florida Regional Planning Council, gave an overview of the CFRPC’S role in this project. Commissioner Stewart raised questions about grant monies from the state for a community consultant/planner and on the agreement where Highlands Co. is the grantee and future & existing development. Louise England gave her an explanation to her concerns. Commissioner Bullard advised that this was a presentation to expose to the commission on a conceptual basis and details will have to be worked out with specificity. Gabriel Reed spoke in support of the study. Commissioner Bullard recognized Pauline Dionne, former mayor of Lake Placid, who was attending today’s meeting. Commissioner Maxcy presented a plaque to Commissioner Bullard in appreciation for his continuing commitment to the community and furtherance of the public trust in government and for his 8 years of service on the commission. Commissioner Bullard thanked the people of Highlands County and fellow county elected officials and staff for the great honor and privilege allowing him to serve as county commissioner. Pauline Dionne advised that is was a pleasure working with Commissioner Bullard throughout the years. Break 10:10 – 10:40 a.m. Hank Kowalski presented Commissioner Bullard with a trophy representing his ability to hit a home run for the people of Highlands County over the years. 7. PRESENTATION: Eric DeHaven, Resource Conservation and Data Director: Facilitating

Agricultural Resource Management System Eric DeHaven, Resource Conservation and Data Director at the Southwest Florida Water Management District, presented the FARMS program, which is a cost-share reimbursement program for agricultural projects located in the Southern Water Use Caution Area (SWUCA). 8. WORKSHOP: Highlands County Ordinance for Proportionate Fair-Share Mitigation of

Development Impacts on Transportation Corridors

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Bob Wallace from Tindale-Oliver & Associates Inc. presented his key concepts to the proportionate fair-share ordinance. Board Attorney, Ross Macbeth, discussed functional impact fees. Commissioner Bullard suggested that definitions needed to be included in the ordinances. Mr. Macbeth advised that definitions were not included because this will become part of the Land Development Regulations. Bob Wallace said that the first public hearing is scheduled for November 28, 2006 and the final hearing will be December 12, 2006. Public input was received from the following Joe Davis, Jr., John Borgemeister, John Strang, Gabriel Reid, Ron Jones and Jim Brooks. Bob Wallace commented on the traffic impact study and advised that it would be discussed in further detail at the upcoming meetings and he thanked everyone for their indulgence in this complicated issue. 9. WORKSHOP: Capital Improvement Plan

10. PRESENTATION: Pamela Cross: Presents the Unadjusted Fiscal Year-End Financial

Report of Operating Performance Measures as of September 30, 2006 Senior Director of Business Services, Bob Jamison, advised that in the interest of time the clerk’s office is willing to forgo the presentation of the final report and would take questions in lieu of the presentation and the commission had no objection. See Clerk’s Financial Reporting file.


A. County Engineer: Request approval of the contract documents with KDL Underground & Development, Inc. for construction of County Project NO. 04077: Lake June Road Water main Extension, Utilities Agreement between Highlands County and MPC Land Development Company, Inc. and Budget Amendment #06-07-32 with Resolution transferring $265,000.00 from utility fund 402/3999100Z fund balance unreserved and $255,348.50 from utility fund 402/7102/3661000Z Project donation/Contributions to utility fund 402/7102/56300Z/project improvements.

Ramon Gavarette, County Engineer, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Stokes to approved the request as described. Upon roll call, all Commissioners voted aye. Motion carried. See file and Res. Book 19 Page 193.

B. OMB Director: Request approval to establish an Audit Committee

B. (1) Request approval to waive County’s two–step Surplus Disposal process, declare indicated items Surplus, and allow donation of said Miscellaneous Surplus Library materials to Friends of the Library in Avon Park, Sebring and Lake Placid and the Rotary Club

Commissioner Stewart expressed concerns about some of the books being current titles and how old the books are. County Administrator, Carl Cool, stated that a majority of the books are donated to the library and never put into circulation. He added that the library has a weeding process that takes out books that are not in circulation. Commissioner Bullard instructed the County Administrator and Staff to review the list, and instructed the Library Director, Mary Myers, to provide each of the Board members with a memo describing the weeding process. Deputy Clerk, Bob Jamison, suggested Staff check state statutes concerning disposal of items, adding that the value and condition of those items should be considered. He also suggested that the condition and date the book was acquired or

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purchased be included on the list. The Board instructed staff to review the list, include the suggestions made by Mr. Jamison, and bring it back to the Board.

(2) Request approval of Consultant Service Authorization No. 8680.01 for the design and

permitting of College Dr. and Memorial Dr. Multi-Use Path Commissioner Stewart questioned where the funds would come from to pay for this consultant and if the funds were available. She also questioned where the funds for the construction of the project were coming from and if they were available. County Engineer, Ramon Gavarrete, stated staff is trying to put this project into the CIP. The design costs are being paid for by DOT. Commissioner Bullard questioned how time sensitive this item was. Mr. Gavarrete stated that the agreement with DOT requires that the project be under construction next year. Commissioner Bullard suggested pulling this item at this time, to allow the Commission time to workshop and make decisions on the CIP.

(3) Request approval to clean retention area from the Spring Lake Special Improvement District

Commissioner Stewart questioned whether the Board would be setting a precedent by approving this request. County Administrator, Carl Cool, stated the Spring Lake Improvement District is asking the County to mow around the retention pond one time, and they will take over maintenance of it, and clean out the drainage pipe. Commissioner Stokes stated this is an ongoing problem, and the district has been trying to get the owner to fix the problem, with no success. Motion by Commissioner Jackson, seconded by Commissioner Stokes, to approve the request as stated. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 48 Page 155.

C. Request approval of Resolution & Budget Amendment # 06-07-35 County Administrator, Carl Cool, presented the request. Motion by Commissioner Maxcy, seconded by Commissioner Jackson, to approve the resolution and budget amendment as stated. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 194. 12. COMMISSIONERS: Commissioner Stewart commented on the improvements in Avon Park along U.S. 27. All the Commissioners thanked Commissioner Bullard for his service to the citizens of Highlands County and his leadership over the past year, and wished him the best for the future. Commissioner Bullard announced that his family will be welcoming another grandbaby in the near future. 13. ADJOURN The meeting adjourned at 2:12 P.M.

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Don Bates Tonia Rivera 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Pastor Ray Cameron. The Pledge of Allegiance was led by Bert Harris. 3. Swearing-in Ceremony

A. Commissioner Edgar Stokes was sworn into office by Clerk of Courts, L.E. Luke Brooker. B. Commissioner Don Bates was sworn into office by Judge Olin Shinholser.

4. Election of a Chair and Vice-Chair Motion by Commissioner Stokes, seconded by Commissioner Stewart, to nominate Commissioner Maxcy as Chairperson to the Board of County Commissioners. Upon roll call, all Commissioners voted aye. Motion carried. The gavel was passed to the new Chair, Commissioner Maxcy. Motion by Commissioner Jackson, seconded by Commissioner Stewart to nominate Commissioner Stokes as the Vice-Chairperson to the Board of County Commissioners. Upon roll call, all Commissioners voted aye. Motion carried. 5. ANNOUNCEMENTS

A. Clerk Deputy Clerk, Pam Cross, presented a report of Weekly Report of Court Services for the week ended November 17, 2006 as provided by the Highlands County Clerk of Courts, L.E. “Luke” Brooker.

B. Upcoming County meetings: In Observance of the Thanksgiving Holiday County offices will be closed Thursday, November 23 and

Friday, November 24, 2006

Nov. 27 8:30 am H. C. L A. Tourist Tax Projects Committee 4344 George Blvd. Sebring, FL

C. Other meetings: The Public Safety Coordinating Council will meet at 7:30 a.m. on November 28, 2006 in the Jury Assembly Room of the Courthouse. The Rural Land Stewardship Presentation is scheduled for December 5, 2006 at 1 p.m. The Avon Park Christmas Parade is Monday, November 27 at 7 p.m.


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General …………………………………… 464,842.01 County Transportation Trust …………… 66,488.68 E-911 Operations Fund …………………….…… .76 Conservation Trust Fund ……………………. 100.00 Intergovt Radio Communications ……….. 42,608.26 Legal Aid ……………………………………. 3,437.27 Local Govt Infra Surtax ……….…………266,619.96 Tourist Dev Trust Fund ……………….…… 2,462.60 Comm Development Block ………………… 1,175.04 Affordable Housing Asst ……………………3,794.46 Home Initiatives Partner …………………. 30,460.00 Hurricane Housing Rec Pro ………………. 2,199.18 Law Library Trust Fund ……………………1,152.35 Building Code Enfor Fund ……………….….. 358.12 Solid Waste ...……………………………. 212,181.94

Placid Utilities ...…………………………… 3,969.48 Highway Park Utility ………………………… 374.68 Risk Retention Fund …………………………….. .78 Employee Benefit Fund ……………………….... 6.97 Tax Deed Surplus Fund ……………………. 6,171.92

B. Request approval to accept into the record the minutes of the board from the November

7, 2006 meetings C. Request to approval to waive County’s two-step Surplus Disposal process, declare

indicated item as Surplus, and allow donation of said item an Ambulance, Fixed Asset (FA) number EMS 403 to FDLE. See SMB 48 Page 156.

D. Request approval of drainage easement for the property located in Fryman’s Subdivision E. Request approval of tourism Sponsorship in the amount of $13,500.00 for Headturners 3,

LLC for five fishing tournaments. See file for copy. F. Request approval for execution of grant contract: 2006/2007 Florida Department of

Environmental Protection Hazardous Waste Cooperative Collection Arrangement Grant with Glades County. See file for copy.

G. Request approval to declare a nuisance on CE 06010149, 9246 Bridle Path, Sebring, Highlands County, FL. See Subdivision file.

H. Request approval of Easement Agreement with South Florida Water Management District for CR 621 Structure

I. Request approval of RPAC replacement member. See SMB 48 Page 157. J. Request approval of CSX Crossing Agreement for Sports Complex. See file for copy. K. Request approval to pay invoice for Brantley Consulting Group Inc. See SMB 48 Page

158. L. Request approval of Budget Amendment 06-07-36

7. ACTION: Motion by Commissioner Stewart, seconded by Commissioner Jackson, to set action agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.

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A. Dr. Paula Thaqi; Request approval of Special Renovation and Construction Project Agreement

Dr. Paula Thaqi, Director of the Highlands County Health Department, presented the request. Commissioner Stewart requested an update on the project. Dr. Thaqi stated the project will be managed by the County. Motion by Commissioner Jackson, seconded by Commissioner Stokes, to approve the Special Renovation and Construction Project Agreement. Upon roll call, all Commissioners voted aye. Motion carried. See file for copy.

B. Development Director; 1. Request approval of Joint Funding Agreement between Highlands County and the U.S.

Geological Survey for the period October 1, 2006 to September 30, 2007 Development Services Director, Jim Polatty, presented the request. Commissioner Stewart raised questions about the scope of the study, and suggested a representative of the USGS present the Board with a briefing on the scope of work for the study. Motion by Commissioner Stokes, seconded by Commissioner Bates, to approve the Joint Funding Agreement with the U.S. Geological Survey as presented. Upon roll call, all Commissioners voted aye. Motion carried. See file for copy.

2. Civil Citation Ordinance Status Report

Development Services Director, Jim Polatty, gave a brief update on the civil citation ordinance. He stated the forms are ready, and the code enforcement officers will be able to start issuing citations as soon as a special magistrate is hired. Staff has been in contact with two interested candidates, and hopes to bring back the contracts to the board in December. Commissioner Stewart inquired about the training of the officers and when they can begin issuing tickets. Mr. Polatty stated that more training is needed, and they hope to have everything in place by January 1, 2007. Jack Ritchie, chairman of the Highlands County Homeowners Association, requested information that he can pass on to the association at their December 11th meeting. Commissioner Maxcy instructed Staff to get the necessary information to Mr. Ritchie.

C. County Attorney: Request approval of a Resolution to execute and deliver of a full

surrender request to Conseco Insurance Company for contract number CN500226

D. Parks and Recreation Director: Lake Denton Boat Ramp update Parks and Recreation Director, Vicki Pontius, gave the Board an update on the improvements that have taken place at the Lake Denton boat ramp. She added that County staff is in the process of fixing some signs that were vandalized. Commissioner Stewart presented some pictures that were taken over the past weekend of the vandalism, and commented on the parking problems that are still occurring. Mike Durham, Legal Counsel for the Sheriff’s Office, stated all deputies have been trained on the parking ordinance and citation process, adding that the public needs to inform law enforcement when there are problems. He suggested that County Staff and the Sheriff’s Office meet more often to give updates to the Board. Chairman Maxcy instructed Staff to provide an update at the December 12th meeting. Public input was received from Gabriel Reed and Rick Engler.

E. County Administrator: Proposed Capital Improvement Plan (CIP) County Administrator, Carl Cool, presented three different drafts of a proposed 10 (ten) year Capital Improvement Plan (CIP) for the Board’s consideration. He suggested scheduling a workshop for the December 5th meeting to discuss the CIP. Commissioner Stewart requested an additional option to review that would not include the increase in the level of the impact fees or the yearly inflation of the impact fees. Staff was instructed to provide the Board with the additional option, and schedule a workshop for December 5th. See CIP file for copy.

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8. CITIZENS NOT ON THE AGENDA: Jack Ritchie commented on the Lake Denton problem and the problems with ATV’s in the county. 9. COMMISSIONERS:

Commissioner Jackson welcomed Commissioner Bates to the Board. Commissioner Stokes also welcomed Commissioner Bates, and commented on the upcoming

legislative delegation meeting. Carl Cool stated legislative issues are scheduled for discussion at next week’s meeting.

Commissioner Bates stated he was looking forward to working with the Board and County Staff. Commissioner Stewart welcomed Commissioner Bates to the Board. She also suggested each

Commissioner give a brief report each week on any meetings they have attended, suggested having a representative from different committees give the Board a brief presentation on the background of their committee, and requested that the Commission set priorities for what they would like to accomplish during the next year.

Commissioner Maxcy thanked the Board for the voted of confidence in electing him Chairman, and requested each Commissioner fill out their committee appointments lists. He also requested that Commissioner Bates fill in for Commissioner Bullard on all his committees.

10. ADJOURN The meeting adjourned at 10:53 A.M.

BOOK 20 PAGE 549





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

A. Clerk No report.


Nov. 29 10:00 a.m. Heartland Library Cooperative 205 W. Interlake Blvd. Lake Placid, Fl Nov. 29 4:00 p.m. Professional Acquisition Committee 600 S. Commerce Ave. Sebring, Room

251 Nov. 30 9:00 a.m. Illegal Dump Task Force 600 S. Commerce Ave. Sebring, Room

251 Nov. 30 10:30 a.m. Keep Highlands County Beautiful 600 S. Commerce Ave. Sebring, Room

251 Nov. 30 2:30 p.m. Recreations and Parks Advisory Committee 505 S. Commerce Ave. Sebring, Eng.

Training Room 213 Dec. 5 7:00 p.m. Construction Licensing Enforcement and

Appeals 600 S. Commerce Ave., Sebring Boardroom

C. Other meetings: The Sebring Christmas Parade will be this Friday, December 1 at 7 p.m. The

joint meeting of NRAC, P&Z, and Local Planning Agency will next Tuesday, December 5 at 1 p.m. in the Commission Board room.

4. CONSENT AGENDA: Motion by Commissioner Jackson, seconded by Commissioner Stokes, to approve agenda as amended, removing Item F from agenda, and removing Items G, H, I and J, to be heard as public hearings. Upon roll call, all Commissioners voted aye. Motion carried.


General …………………………………… 114,825.79 County Transportation Trust ……………. 40,239.09 Local Govt Infra Surtax ……….…………199,168.69 Tourist Dev Trust Fund …………………… 2,011.55 Affordable Housing Asst …………………. 73,781.42 Home Initiatives Partner ………………… 37,527.30

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Hurricane Housing Rec Pro ……………… 11,776.78 Law Library Trust Fund …………………….. 886.24 Court Tech ………………………………… 11,090.47 Building Code Enfor Fund ………………. 17,996.20 HCISSRB Construction Fund ……………. 47,610.00 Solid Waste ...……………………………… 22,172.33

Placid Utilities ...……………………………… 634.14 Highway Park Utility ………………………… 139.16 Highlands Hosp Pass Thru ………………. 262,500.00

B. Request approval of a Satisfaction of Mortgage for Elsie Gay. See Satisfaction file. C. Request approval of a Satisfaction of Mortgage for Peggy A. Richards. See Satisfaction

file. D. Request approval of a Satisfaction of Mortgage for Sean Patrick McCollum. See

Satisfaction file. E. Request approval of a Satisfaction of Mortgage for Daniel P. and Jaclyn D.

Frankenberger. See Satisfaction file. F. Request approval of a Notice of Lien for CE 04080079, 539 Broad St. Sebring, Highlands

County. G. Request approval of a Notice of Lien for CE 06040011, 4637 Cadaqua Dr. Sebring,

Highlands County. H. Request approval to place a Lien on CE 05070052, 125 Blue Fish Dr. Sebring, Highlands

County. I. Request approval to place a Lien on CE 06010192, 6021 Praise Ave., Sebring Highlands

County. J. Request approval to place a Lien on CE 06020040, 6240 CR 17 South, Sebring, Highlands

County. K. Request approval to declare a Notice of Nuisance on CE 06010081, 26 Siesta Ln., Venus,

Highlands County. See Subdivision file. L. Request approval to declare a Notice of Nuisance on CE 06080270, 1727 Citadel St., Lake

Placid, Highlands County. See Subdivision file. M. Request approval to declare attached County property as surplus, waive two-step

Surplus Disposal process, and allow said Surplus to be disposed of by utilizing our contract with GovDeals, an internet auction service company. See SMB 48 Page 159.

N. Request to approve appointments to the Children’s Services Council. See SMB 48 Page 160.

O. Request approval to accept temporary Driveway connection agreement for Lot 8, Block 1 of suburbia according to the plat as recorded in plat book 12, page 49, of the Public Records of Highlands County, Florida.

P. Request approval for a drainage easement described as the Northeast 7.5 feet of Lot 9, in block 119, Leisure Lakes section seven, according to the plat thereof as recorded in Plat book 7, page 8 of the Public Records of Highlands County, Florida: Granted and conveyed to the Highlands County Board of County Commissioners by GSF Enterprises, Inc.

Q. Request approval of budget amendments 06-07-38

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BOOK 20 PAGE 551 PUBLIC HEARING: (Consent Item G) Request approval of a Notice of Lien for CE 06040011, 4637 Cadaqua Dr. Sebring, Highlands County. Code Enforcement Officer, April Hartseil, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Bates, to approve placing the lien on the property as described. Upon roll call, all Commissioners voted aye. Motion carried. See Subdivision file. PUBLIC HEARING: (Consent Item H) Request approval to place a Lien on CE 05070052, 125 Blue Fish Dr. Sebring, Highlands County. Code Enforcement Officer, April Hartseil, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to approve placing the lien on the property as described. Upon roll call, all Commissioners voted aye. Motion carried. See Subdivision file. PUBLIC HEARING: (Consent Item I) Request approval to place a Lien on CE 06010192, 6021 Praise Ave., Sebring Highlands County. Code Enforcement Officer, April Hartseil, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to approve placing the lien on the property as described. Upon roll call, all Commissioners voted aye. Motion carried. See Subdivision file. PUBLIC HEARING: (Consent Item J) Request approval to place a Lien on CE 06020040, 6240 CR 17 South, Sebring, Highlands County. Code Enforcement Officer, April Hartseil, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Jackson, to approve placing the lien on the property as described. Upon roll call, all Commissioners voted aye. Motion carried. See Subdivision file.

5. PUBLIC HEARING: Public Hearing to consider a motion to adopt a Resolution to vacate a

portion of Lots 9 through 12, Block 280, Placid Lakes Section 20 County Engineer, Ramon Gavarrete, presented the request. Motion by Commissioner Jackson, seconded by Commissioner Stokes, to adopt the resolution to vacate the easements as described. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 195.

6. PUBLIC HEARING: To consider a Resolution to Vacate an Easement being a portion of lot

36D, Courtyard Oaks, according to the plat thereof as recorded in plat book 16, page 26, of the public records of Highlands County, Florida, being more particularly described as follows: Commence at Southwest corner of said lot 36D; Thence North 00o00’00” East along the West line of said lot 36D, a distance of 10.86 feet; Thence South 67o03’17” East, a distance of 15.08 feet for the point of beginning; Thence continue South 67o03’17” East, a distance of 9.77 feet; Thence South 89o47’30” West, a distance of 8.98 feet; Thence North 00o12’30” West, a distance of 3.84 feet to the point of beginning.

County Engineer, Ramon Gavarrete, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to adopt the resolution to vacate the easement as described. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 196.

7. PUBLIC HEARING: Public Hearing to consider a motion to adopt a Resolution to vacate an

Easement being the East 7.5 feet of Lot 20, Block 7, Harder Hall Country Club II, less and except the South 10 feet, according to the Plat thereof recorded in Plat Book 13, Page 46, of the Public Records of Highlands County

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BOOK 20 PAGE 552 County Engineer, Ramon Gavarrete, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Jackson, to adopt the resolution to vacate the easement as described. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 197. 8. PUBLIC HEARING: Public Hearing to consider a motion to adopt a Resolution to vacate an

easement being the Southwest corner of Lot 9, Block “A” of vacated Lake Shore Subdivision as recorded in Plat Book 4, Page 27 of the Public Records of Highlands County, Florida being a Point on the Southeasterly Right-of-Way line of Placid View Drive; Thence North 24°01’30” East, 7.50 Feet along said Right-of-Way line; thence South 65°58’30” East, 151.51 feet to a point, being the point of beginning; thence North 24°01’30” East, 2.50 feet; thence South 65°58’30” East, 124.87 feet to the apparent jurisdictional shore line of Lake Placid; thence South 6°02’22” East, 2.89 feet along said shoreline; thence North 65°58’30” West, 126.32 feet to the Point of Beginning containing 313.9870 square feet or 0.0072 acres more or less.

County Engineer, Ramon Gavarrete, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to adopt the resolution to vacate the easement as described. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 198. 9. PUBLIC HEARING: To consider a motion to adopt a resolution to vacate the Southerly 7.50

feet of Lot 87, Block 30, Sun N’ Lake Estates of Sebring, Unit 2, according to the plat thereof recorded in Plat Book 9, Page 48, of the Public Records of Highlands County, Florida, Less the westerly 10.00 feet thereof. The northerly 7.50 feet of lot 88, block 30, Sun ‘N Lake of Sebring, Unit 2, According to the Plat thereof recorded in Plat book 9, page 48 of the Public Records of Highlands County, Florida less the westerly 10.00 feet thereof.

County Engineer, Ramon Gavarrete, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Bates, to adopt the resolution to vacate the easement as described. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 199. 10. PUBLIC HEARING: Public Hearing on Proposed Ordinance for Proportionate Fair-Share

Mitigation of Development Impacts Fees on Transportation Corridors Proof of Publication for this hearing was entered into the record. See Proof of Pub Ord. Book 4 Page 19. County Engineer, Ramon Gavarrete, stated this public hearing is being held to consider the adoption of two ordinances pertaining to impact fees and Proportionate Fair-Share Mitigation. He stated this ordinance is necessary to comply with State Senate Bill 360, and county staff has been working with Tindale-Oliver in preparing the ordinance. He added that staff is also in the process of preparing Proportionate Fair-Share procedures, and should have a draft form of the procedures ready before the next public hearing. A caption of both ordinances was read into the record. Mr. Gavarrete stated a second public hearing will be scheduled for December for adoption of the ordinances. Discussion followed. Public input was received from John Borgemeister, Gabriel Reed, Ron Jones and Joe Davis Jr. Break 10:30 – 10:45 a.m. 11. PUBLIC HEARING: To consider Purchase of 612 Lemon Avenue, Sebring, Fl 33870 for

Sebring Parkway Phase II project # 01101 Proof of Publication for this hearing was entered into the record. Land Acquisitions Manager, Kathy Avirett, presented the request. Commissioner Stewart expressed concerns about developing the property and giving it to the New Testament Mission. County Engineer, Ramon Gavarrete, stated the

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BOOK 20 PAGE 553 Mission has been parking on road right-of-way that will become part of the Parkway, and the lot in question will become public parking for the area. He added that the Mission currently owns a vacant piece of property they are using for parking, but is not sufficient to meet their parking needs. Commissioners Stewart, Jackson, and Bates stated they needed additional information before making a decision. Commissioner Maxcy recommended pulling this item off the agenda today, and instructed Staff to obtain additional information on the parking needs of the Mission, and bring it back to the board in the future. Board Attorney, Ross Macbeth, advised that this public hearing would need to be re-advertised. 12. PUBLIC HEARING: To consider Purchase of a portion of 559 E. Center St., Sebring, Fl

33870 for Sebring Parkway Phase II project # 01101 Proof of Publication for this hearing was entered into the record. Land Acquisitions Manager, Kathy Avirett, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Jackson, to approve the Contract for Sale and Purchase Agreement for the property as described. Upon roll call, all Commissioners voted aye. Motion carried. 13. PUBLIC HEARING: Public Hearing on a proposed Ordinance amending subsection of

Section 1.02 and Section 2.09 of Ordinance 05-06-44 providing for an implementation schedule for the Highlands County Impact Fee Ordinance.

Proof of Publication for this hearing was entered into the record. See Proof of Pub Ord. Book 4 Page 20. Board Attorney, Ross Macbeth, presented the request and read a caption of the ordinance into the record. He stated the purpose of this ordinance is to provide an implementation schedule for the impact fee ordinance, and provide clarification of the intent of abbreviations for square footage for the purpose of calculating impact fees. Discussion followed. Public input was received from Gregory Arnone, Steve Fruit, Earl Beecham, John Borgemeister, and Gabriel Reed. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to adopt the ordinance as presented. Upon roll call, all Commissioners voted aye. Motion carried. 14. PUBLIC HEARING: Two Public Hearings for amendment to a previously adopted small

scale Comprehensive Plan amendment and amendments to the Land Development Regulations (including zoning text amendments). Proof of Publication for the following hearings was entered into the record. See Proof of Pub Ord. Book 4 Page 21.

A. HEARING #CPA-06-372SS – VAN KIRK INVESTMENTS II, LLC – C/O CLIFFORD R.

RHOADES, ESQ. - Approximately 8.9 acres located on the West side of Catfish Creek Road at the intersection with Deanna Drive, and abbreviated legal as follows: Approximately 8.95 acres located in Sec. 2, Twp. 37S, Rge. 29E, Highlands County, Florida. REQUEST: Amend the ordinance that adopted Small Scale Comprehensive Plan amendment (by deleting a condition previously approved by the County Commission that limited access to Lake June in Winter) and correcting a typo in the original adopting ordinance.

Board Attorney, Ross Macbeth, read a caption of the ordinance into the record, and gave a brief background of the hearing. Cliff Rhoades, representing the petitioner, briefly explained the request. Development Services Director, Jim Polatty, stated no letters have been received for or against the request. Motion by Commissioner Stewart, seconded by Commissioner Stokes, in accordance with the negotiated Master Settlement Agreement and easement being granted for ingress and egress from Van Kirk to neighbors, move to approve and adopt by Ordinance that amends the previously adopted ordinance (by deleting a condition previously approved by the County Commissioner that limited access to Lake June in Winter) and correcting a typo in the original adopting ordinance, and

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BOOK 20 PAGE 554 transmitting CPA-06-372SS to the department of Community Affairs for their compliance determination, and becoming effective as provided by law. Upon roll call, all Commissioners voted aye. Motion carried. Break 12:15 -12:20 P.M.

B. PUBLIC HEARING: ZONING AND LDR AMENDMENTS

Development Services Director, Jim Polatty, presented a request to consider adoption of the LDR amendments. The Chairman suggested taking action of each section of the ordinance that P&Z and NRAC have recommended changes. Section 6: Limitation of Uses in Agriculture Districts Commissioners Stokes expressed concern about time limits on raising animals. Commissioner Stewart raised concerns about the time limits and the proposed setbacks. Public input was received from Jim Wood, Ray Royce, Steve Fruit, and Linda Waack. Commissioner Stewart also requested Staff monitor this situation, and bring reports on complaints back to the Board. Motion by Commissioner Stewart, seconded by Commissioner Bates, to approve the ordinance, amending Section 6 as recommended by P&Z. Upon roll call, all Commissioners voted aye. Motion carried. Section 28: Foundation or Form Board Survey Required County Administrator, Carl Cool, suggested increasing the setback percentage to 20%. The Board reached a consensus to make that change. Public input was received from Jeff Parker and John Borgemeister. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to approve the ordinance, amending Section 28 as recommended by P&Z, including increasing the setback percentage to 20%, and deleting the term ‘Foundation’. Upon roll call, all Commissioners voted aye. Motion carried. Sections 21A, 21B,27A, & 27B: (Amendments to the Building Code) Erin McCarta, NRAC member, briefly explained NRAC’s recommendations. Gerard McNeil, NRAC member, spoke in support of the recommendations. Public input was received from Jim Wood, John Borgemeister and Jeff Parker. The Board directed Staff to try and coordinate a meeting between NRAC and P&Z to discuss NRAC’s recommendations for protecting wetlands. Section 21 (Landspreading sites & permitting) Mr. Polatty stated that P&Z recommending taking this entire section out of the ordinance, and Staff is recommending leaving it in. Commissioners Stokes and Jackson suggested taking this section out. Commissioner Stewart stated the need to address septage and sludge coming from other counties. The Board reached a consensus to instruct Staff to rewrite the landspreading of septage and sludge regulations. Motion by Commissioner Jackson, seconded by Commissioner Stokes to hold the second public hearing on December 12, 2006 as 9:00 a.m. or as soon thereafter as possible in the County Commission Board room. Upon roll call, all Commissioners voted aye. Motion carried. 15. ACTION: Motion by Commissioner Stokes, seconded by Commissioner Bates, to set the action agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.

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BOOK 20 PAGE 555

A. County Attorney: Request approvals of a Resolution to execute and deliver a full surrender request to Conseco Insurance Company for contract number CN500226.

Board Attorney, Ross Macbeth, presented the request. Motion by Commissioner Jackson, seconded by Commissioner Stokes, to approve the request as stated. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 200.

B. County Administrator: 1. Request approval of Proposed Board of County Commissioner’s meeting dates for

2007 County Administrator, Carl Cool, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Bates, to approve the request as presented. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 48 Page 161.

2. Request approval of Legislative Delegation Issues County Administrator, Carl Cool, presented a draft of suggested issues to be brought before the legislative delegation. The Board reached a consensus to discuss these issues at next week’s meeting.

3. Additional Capital Financial Strategy options County Administrator, Carl Cool, presented two additional options for the Capital Financial Strategy to the Board for their consideration, and briefly discussed the differences between the options. These additional options will be discussed at next week’s meeting.

4. Request approval of Budget Amendment 05-06-329 and 05-06-330

County Administrator, Carl Cool, presented the request. Motion by Commissioner Jackson, seconded by Commissioner Stokes, to approve the budget amendments as presented. Upon roll call, all Commissioners voted aye. Motion carried.

5. Request approval of Sheriff’s Office request to appoint a 911 Coordinator County Administrator, Carl Cool, presented a request from the Sheriff’s office, to appoint James P. Fane as the County’s 911 Coordinator. Motion by Commissioner Stewart, seconded by Commissioner Bates, to approve the request as stated. Upon roll call, all Commissioners voted aye. Motion carried.


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BOOK 20 PAGE 556

REGULAR MEETING OF THE BOARD DECEMBER 5, 2006 1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at


C Guy Maxcy Carl Cool Edgar Stokes Bob Jamison


Don Bates Tonia Rivera 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Rick Helms, Assistant County Administrator. The Pledge of Allegiance was led by Elizabeth Waddell, President of the Highlander’s WAVES. 3. ANNOUNCEMENTS

A. Deputy Clerk, Bob Jamison, presented a report of Monthly Business Services for November as provided by the Highlands County Clerk of Courts, L.E. “Luke” Brooker. See SMB 48 Page 162.


Dec. 6 9:00 am The Value Adjustment Board Board Room, 600 S. Commerce Ave. Sebring

Dec. 6 4:00 pm Professional Services Acquisition Committee 600 S. Commerce Ave. Room B251 Sebring

Dec. 7 8:15 am The Highlands County Tourist Development Council

Agri-Civic Center 4505 George Blvd, Room 3, Sebring

C. Other meetings: Veterans are going to re-dedicate the Memorial Park on Thursday, December

7, 2006 at 11:00 a.m. Lake Placid Christmas Parade will be on Saturday, December 9, 2006 at 7:00 p.m.

4. CONSENT AGENDA: Motion by Commissioner Stewart, seconded by Commissioner Stokes, to approve agenda as amended, including corrections to item B as directed by the board. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits December 5, 2006 General ……………………………… 3,018,167.14 County Transportation Trust ……....... 21,895.79 Local Govt Infra Surtax …………….… 490,107.23 Tourist Dev Trust Fund ……………….… 5,511.42 Building Code Enforcement Fund …….. 1,050.41 Solid Waste ...………………………… 141,764.83

Placid Utilities ...………………………… 5,604.44 Highway Park Utility ………………… 1,605.27 E911 Operations Fund …………………… 37.94

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BOOK 20 PAGE 557 Intergovt Radio Communication …………. 397.00 Sebring Parkway Maintenance ………….. 813.96 Risk Retention Fund ……………………… 4.20 Employee Benefit Fund ……………………. 12.60 Tax Deed Surplus Fund ……………… 84,752.21

B. Request approval of minutes of the meetings for the board for November 14 and 21, 2006 C. Request approval of a release of Nuisance on CE 05090147, 3626 Hoyt Avenue, Sebring,

Highlands County, FL. See Subdivision file. D. Request approval of a release of Nuisance on CE 06040050, 3719 Hoyt Avenue, Sebring,

Highlands County, FL. See Subdivision file. E. Request approval of Technical and Clarifying Revision to the 2004-2007 Local Housing

Assistance Plan (LHAP) – changing the amount of assistance for down payment and closing cost. See file for copy.

F. Request approval of Revised Program Generated Income (PGI) Request to spend funds from Special Law Enforcement Trust Fund. See SMB 48 Page 163.

G. Request approval to appoint Rebecca Rousch as an alternate member of the Recreation and Parks Advisory Committee (RPAC). See SMB 48 Page 164.

H. Request approval to appoint Stephen R. Klutey representing the Highlands County Angler-Hunter community, to the Lake Istokpoga Management Committee. See SMB 48 Page 165.

I. Request approval of a Carnival Application from Hildebrand Rides, Inc. J. Request approval to waive the tipping fees for the Lake Placid Country Fair February 3,

and 4, 2007 (trash will be landfilled on February 5, 2007). See SMB 48 Page 166. K. Request approval of Resolutions & budget amendments 06-07-39; 40; 41; 42; 43; 44, and

45. See Res. Book 19 Page 201.

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

A. Chairman Maxcy: Request approval of a Resolution in recognition of the Unsung Heroes of Highlands County

Gabriel Reid secretary of the Optimist Club requested approval of this resolution. Commissioner Stewart read the resolution into the record. Motion by Commissioner Stewart, seconded by Commissioner Bates, to approve the resolution declaring the month of December, 2006 as Unsung Heroes Month. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 202.

B. County Engineer with Allen Slater, Florida Rural Water Association: Presentation on the Thunderbird Hill South Wastewater Treatment Plant condition and effects on the Highlands County Board of County Commissioners

Robert Diefendorf, Transportation/Utilities Project Manager made the presentation of the history of the plant including the current conditions, collection system problems, lift station concerns, possible re-design of plant or to connect to the City of Sebring, possible receivership or abandonment of the plant and additional information and options. Board Attorney, Ross Macbeth explained the Florida Statute on abandonment. Elijah Fleishauer, Relations Manager for the South District of FDEP, said that he was available to answer any questions along with Dr. Abdul Ahmadi, Board Facilities Administrator.

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BOOK 20 PAGE 558 Commissioner Stewart and Commissioner Jackson questioned the cost of the repairs to the plant, and whether additional homes were being connected to this system without a permit and billing of the customers. Dr. Ahmadi addressed her questions and suggested the best thing to do is to abandon the plant and to connect to a central system, perhaps the City of Sebring. Alan Slater, from Florida Rural Water Association also spoke to the problems with the plant. Carl Cool, County Administrator gave his outlook on surcharges on current customers. Ramon Gaverrete, County Engineer suggested a possible Interlocal Agreement with the City of Sebring and possibly getting some grant funds from DEP. Commissioner Maxcy instructed staff to provide the board with the cost of connecting to the City of Sebring and following up with a delegation list for grants and bringing it back to the board in 3-4 weeks for review. Public input was received from John Drennan, Gabriel Reid, Lamar Ritenour and Jack Ritchie.

Break 10:45 a.m. – 11:00 a.m.

Jerry Miller from Progress Energy gave a report on the power outages on Thanksgiving night. Public input was received from John Drennan.

C. Emergency Management Director: Request approval of a Subgrant Agreement for a

generator for the Special Needs Shelter Bill Nichols, Emergency Management Director presented the request and discussed that he received verbal confirmation on the grant to make the Agri-Civic Center wind compliant and this grant requires that this shelter be wind compliant prior to receiving the grant for the generator. Public input was received from Jerry Miller from Progress Energy, Jack Drennan and Jack Ritchie. Motion by Commissioner Jackson, seconded by Commissioner Bates to approve the request as stated. Upon roll call, all Commissioners voted aye. Motion carried.

D. Parks and Recreation Director: Report on the status of Lake Denton Boat Ramp improvements

Vicki Pontius, Parks and Recreation Director presented a status report on the Lake Denton Boat Ramp improvements, stated that additional signs have been installed, the mulched parking area has been expanded 15 feet and she also met with Darin Davis with Progress Energy and requested that two security lights be installed at Lake Denton road and at the boat ramp. Major Mark Schrader, Highlands County Sheriff’s Office provided a report that training on the parking ordinance has been completed and citation booklets have been issued. He suggested a sign be posted as to the parks time. County Attorney, Ross Macbeth stated that he is going to bring back an ordinance for the board’s consideration on prohibiting swimming and diving between marked channels. Public input received from Rick Engler and David Simpson. Commissioner Stewart asked how many parking spaces were available including the mulched area and the overflow parking and Carl Cool stated that he would get this information for the board. The board requested an update from both county staff and Sheriff’s Office in 30 days and throughout the summer.

E. County Administrator:

1. Request approval of Budget Amendment 06-07-50 decreasing fund 005 Reserve for Contingency

Carl Cool, County Administrator presented the request. Motion by Commissioner Stokes, seconded by Commissioner Stewart, to approve the budget amendment presented. Upon roll call, all Commissioners voted aye. Motion carried.

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2. Request approval of Legislative Delegation Issues Carl Cool, County Administrator presented the request, adding that the request for help with the Thunderbird Hill waste water treatment plant will also need to be added. Commissioner Stewart requested a copy of the application that the Fair Board Association submitted for funding of a civic center in the County, and requested that the issue on the funding for a wind compliant shelter in Lake Placid be amended to include the Highlands County School Board’s effort to seek funding for the Lake Placid High School Wind Retrofit. Lisa McGehee commented on the Fair Boards’ application which was submitted. Commissioner Maxcy advised that they are only asking for the delegations’ support for a civic center in Highlands County. Public input was received from John Drennan and Jack Ritchie. Staff was instructed to submit the issues to the legislative delegation as presented, including the addition of the waste water treatment plant issue, and amending the wind compliant shelter issue to reflect the School Boards’ efforts.

3. Request approval of the Hospital District Board’s request for assistance to alleviate the

parking situation at Highlands Regional Medical Center Carl Cool, County Administrator presented the request from the Hospital District Board for temporary parking and an agreement will later be prepared for them to transfer right-of-way. Commissioner Stewart wanted to know if Ramon Gavarrete, County Engineer would be overseeing the project and he stated he would be in charge of the environmental determination and that the temporary parking would be completed by the Road and Bridge Department and it is going to take a joint effort to get this accomplished. Public input was received by John Drennan. Motion by Commissioner Bates, seconded by Commissioner Stewart, to approve the request of the Highlands County Hospital District for assistance in the construction of two interim parking lots. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 48 Page 167.

4. Request approval of for Budget Amendment 06-07-52 for the Sheriff’s Office Bullet

Proof Vest Program Carl Cool, County Administrator presented the request. Motion by Commissioner Jackson, seconded by Stewart to approve the budget amendment presented. Upon roll call, all Commissioners voted aye. Motion carried.

7. CITIZENS NOT ON THE AGENDA (Five minute time limit) John Drennan suggested paving the roads in Highlands County instead of spending monies elsewhere.

8. COMMISSIONERS: No report. 9. RECESS The meeting recessed at 12:32 p.m. 10. RECONVENE at 1:00 p.m. for a joint meeting with the Natural Resources Advisory

Commission for a presentation on Rural Land Stewardship in the Engineering Training Room.

Anita Jenkins, planner from Wilson Miller and Ernie Cox, president of the Family Lands Remembered gave the presentation on an incentive based system to encourage preservation of natural resources, retain agriculture and promote quality growth and economic diversification in rural areas. Discussion and questions were addressed.

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BOOK 20 PAGE 560 Board of County Commissioner’s meeting reconvened at 3:00 p.m. 6. WORKSHOP: Ten-Year Capital Financial Strategy Carl Cool, County Administrator presented the 10-year Capital Financial Strategy options. He stated that it would be important for the board to identify the best assumptions in regards to future revenue projections. He recommended the closest assumption used would be option B or C, and the only difference between these two is that an asphalt plant is to be purchased in option C. Commissioner Bates asked why there was no projective growth in option D or E. Mr. Cool advised him that’s why they came up with option F. Mr. Cool addressed all four assumptions with the board. Commissioner Maxcy suggested discussing each assumption individually. Assumption #2: The board came to a consensus of 3 %. Assumption #4: The board came to a consensus of 5%. Board Attorney, Ross Macbeth and Commissioner Stewart suggested that they would like to look at this yearly due to the inflation factor. Mr. Cool said that he would bring this back to the board yearly for review and modifications. Assumption # 3: The board came to a consensus of 5%. Assumption # 1: The board came to a consensus of 10%. Mr. Cool then advised that the most important portion of option B and C is the estimated fund balance end of year. Commissioner Stewart suggested discussing each project, prioritize them, and determine whether or not to fund them. She also would like them to come back every week to determine if this is the way the monies needed to be spent on those functional areas and suggested option B. Mr. Cool agreed with Commissioner Stewart. Commissioner Maxcy stated they were not prepared to choose an option today and suggested Mr. Cool get the items that Commissioner Stewart was alluding to and prioritize and discuss this next week. Commissioner Stokes stated that he was in support of option B and C but he would prefer option C due to the purchase of the asphalt plant. Commissioner Stewart said that a discussion was not made and advised that the asphalt plant would come in as a project and the board would have to agree to do it. She suggested staff come back with those individual projects so they can be looked at by the board. County Engineer, Ramon Gavarrete advised that they were planning on constructing a building behind the County Annex building. Sheriff Benton agreed with Commissioner Stewart, adding that she would like to see each of the projects with a synopsis and price tag of what the project involves because the renovation to the Sheriff’s Office is on hold. Commissioner Maxcy requested that these issues be brought back before the Board at next week’s meeting to discuss further the asphalt plant and associated costs, the Sheriffs’ issues, the projects listed on the CFS Summary, and make decision on which to option to select. Commissioner Stewart questioned the Grant/Loan line item on page 5 of 6 and whether these amounts were loans or grants. Mr. Cool advised that these were loans. Ken Wheeler, Solid Waste Director discussed the projected numbers for the purchase of an asphalt plant, including financing over 10 years. He added that Staff is asking for a $1.4 million grant through DEP for the purchase of the plant. Mr. Cool asked Mr. Gavarrete to take a look at the road projects on the proposed long range transportation plan and determine which projects might create concurrency problems. See file and tape for further details. 11. ADJOURN

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BOOK 20 PAGE 561 The meeting adjourned at 4:43 P.M.

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BOOK 20 PAGE 568

REGULAR MEETING OF THE BOARD DECEMBER 12, 2006 1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at

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

C. Guy Maxcy Carl Cool Edgar Stokes Bob Jamison

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

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Jim Polatty, Development Services Director. The Pledge of Allegiance was led by Commissioner Jackson. 3. ANNOUNCEMENTS

A. Deputy Clerk, Bob Jamison, presented a report of Weekly Report of Court Services for the week ended December 8, 2006 as provided by the Highlands County Clerk of Courts, L.E. “Luke” Brooker. See SMB 48 Page 170.


Dec. 12 3:00 p.m. Highlands Soil & Water Conservation District

4509 George Blvd. Sebring, Fl, Conference Room 3

Dec. 13 8:00 a.m. Local Mitigation Strategy Working Group

600 S. Commerce Ave Sebring, Fl, Room B251

Dec. 13 9:30 a.m. Central Florida Regional Planning Council

Bob Crawford Agriculture Center 605 E. Main St., Bartow, FL

Dec. 13 1:15 p.m. The Highlands County Hospital District Board

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

Dec. 14 10:00 a.m. Lake Istokpoga Management Committee

4509 George Blvd Sebring, FL, Conference Room 2

Dec. 14 2:00 p.m. Veterans Advisory Board 7205 S. George Blvd. Sebring, Fl, Environmental Conference Room

Dec. 18

9:00 a.m. Highlands County Homeowners Association

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

C. Other meetings:

The Historic Preservation Commission will meet on December 14, 2006 at 2:30 p.m. at the Agri-Civic Center in conference room #3. The Community Traffic Team will meet on December 13, 2006 at 10:00 a.m. at the Agri-Civic Center in conference room #3. The Professional Service Acquisition Committee will meet on December 14, 2006 at 4:00 p.m. in room 251 in the Government Center. The Highlands County Lakes Association will meet this afternoon at the Agri-Civic Center at 7:00 p.m.. 4. CONSENT AGENDA:

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BOOK 20 PAGE 569 Motion by Commissioner Bates, seconded by Commissioner Stokes, to approve the agenda as amended, pulling items D and F and placing them on the action agenda. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits December 12, 2006

General ………………………………1,082,208.46 County Transportation Trust ……....... 52,528.62 Local Govt Infra Surtax ……………. 475,179.51 Tourist Dev Trust Fund ………………. 13,554.10 Building Code Enforcement Fund ………..892.12 Solid Waste ...…………………………… 9,358.33

Placid Utilities ...………………………….. 537.05 Highway Park Utility ……………………….99.90 Intergovt Radio Communication ……….2,100.00 Sebring Parkway Maintenance …………..950.00 Risk Retention Fund ………………… 287,587.75 Tax Deed Surplus Fund ……………… 80,621.46 Comm Development Block …………….17,084.57 Affordable Housing Asst ……………….51,811.09 Home Initiatives Partner ……………… 5,280.00 Hurricane Housing Rec Pro …………… 7,760.00 Fire Inspection ……………………………….35.18 Law Library Trust Fund ……………………25.00 Court Tech 28.24(12)(E)1 ……………… …..80.00 HCISSRB Construction Fund …………16,417.90

B. Request approval to release the Notice of Nuisance on CE 06070001, 5543 Lakewood

Rd., Sebring, Highlands County, Florida. See Subdivision file. C. Request approval to release the Notice of Nuisance on CE 06060108, 5600 Lakewood

Rd., Sebring, Highlands County, Florida. See Subdivision file. D. Request approval to of the revised Heartland Library Cooperative Interlocal

Agreement E. Request approval of Distribution Easement for Sports Complex. See Subdivision

file. F. Request approval to Amend the Hurricane Housing Assistance Plan, deleting the

Housing Partnership Program and including Community Land Trust Initiative G. Request approval for appointment of new member Raymond Gaiefsky alternate

representative for the Friends of Istokpoga Lake Association, to the Lake Istokpoga Management Committee. See SMB 48 Page 168.

H. Request approval of a Guesthouse Agreement. See SMB 48 Page 169. I. Request approval of the issuance by the Highlands County Health Facilities

Authority of its Revenue Bonds (Adventist Health System/Sunbelt) See Res. Book 19 Page 206.

J. Request approval to Resolution and Budget Amendment 06-07-53. See Res. Book 19 Page 203.

5. ACTION AGENDA:

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BOOK 20 PAGE 570 Motion by Commissioner Stokes, seconded by Commissioner Bates, to set agenda as amended as listed. Upon roll call, all Commissioners voted aye. Motion carried.

1. Request approval of the revised Heartland Library Cooperative Interlocal Agreement Commissioner Stewart wanted to know why the Interlocal Agreement was being changed while they have not yet discussed the findings of the audit and reading through this agreement she stated that it doesn’t strengthen the lack of controls or accountability which were pointed out in the audit. She advised that this is too important to go into today and suggested that they needed to have a full discussion before making the necessary changes. Commissioner Maxcy commented that he didn’t want to be out of compliance with the Interlocal Agreement and suggested that they should consider adopting this agreement to be in compliance. Commissioner Jackson suggested to amend the existing agreement and come back to discuss it in further detail. Carl Cool, County Administrator, agreed with Commissioner Stewart that all the issues needed to be addressed after the audit. He advised that the Clerk is not providing the accounting service for the library cooperative, and that the Cooperative has made arrangements to have another accounting service, and that they are now out of compliance with the original agreement since the accounting services are not being provided by the Host County. He suggested to approve the amended agreement today. J. Ross Macbeth, County Attorney, advised that it is not possible to continue with the old Interlocal Agreement since the Clerk has discontinued all accounting services. Commissioner Stewart concurred with Commissioner Jackson and commented that this changes the entire accountability and the role of the County Commissioners who are responsible to the public. Mary Myers, Library Director, advised that if they were going to amend this agreement that it would be necessary to go back to the Cooperative Governing Board since they have the authority over this agreement. Commissioner Maxcy suggested that they adopt the agreement today and come back and have a public hearing on the audit. Motion by Commissioner Jackson, seconded by Commissioner Bates, to amend the existing Interlocal Agreement and bring it into compliance as far as purchasing and accounting and present this to the other counties for their consideration. Commissioner Stewart asked if they were going to go through each item and make technical changes to the agreement or were they approving this agreement. Commissioner Jackson commented that his intent of his motion was that the existing Interlocal Agreement be amended with necessary technical changes. Commissioner Maxcy commented that he didn’t know if he could support the motion since the Clerk has ceased performing the duties of our Library Cooperative and is out of compliance. Commissioner Stewart asked Board Attorney, J. Ross Macbeth, if Commissioner Maxcy was able to vote on this issue since he sits on the Library Cooperative and Atty. Macbeth stated yes. Public concern was received from Gabriel Reid and Jack Richie. Margo Taylor, Director of the Okeechobee County Library commented on the issues. Diane Hunt, Director of the Hardee County Library, commented on the issues. J. Ross Macbeth, County Attorney, stated that he will have to prepare a new document with the necessary changes and place it on the agenda for board approval sometime in January. Commissioner Jackson asked if the Clerk would continue the paying of bills until the end of January. Bob Jamison, Deputy Clerk, stated he didn’t think this was a possibility since the Clerk does not feel comfortable to continue this process under the circumstances without all the corrective action he feels necessary to bring the library up to minimum standards. Carl Cool, County Administrator, suggested to the board on changing item XIII. Board Attorney, Ross Macbeth, suggested that he needed to get the file in order to determine what changes need to be done on the agreement. Commissioner Jackson withdrew his motion. Commissioner Bates withdrew his second. Commissioner Maxcy directed Board to move this item to Item 5D.

A. Mr. Ben Walker, Intermodal Systems Development Manager: Requests endorsement of the Department of Transportation Five-Year Work Program

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BOOK 20 PAGE 571 Ben Walker, Florida Department of Transportation Intermodal Systems Development Manager, presented the request and discussed how successful this program has been for Highlands County and discussed the delays on several projects due to cost increases. Commissioner Stewart requested clarification on the widening of U.S. 27 from Lake Isis to the county line north of Avon Park and asked why monies were being spent on resurfacing and not widening. Ben Walker stated that the plans for widening are on the priority needs plan and once additional funding becomes available, these projects would be completed. Carl Cool, County Administrator, commented that widening of these roads are not in the 5 or 10 year plan, due to inflation of construction costs. County Engineer, Ramon Gavarrete, commented on upcoming projects which were discussed with Mr. Walker. Motion by Commissioner Stewart, seconded by Commissioner Bates, to endorse the DOT District One Work Program. Upon roll call, all Commissioners voted aye. Motion carried. See file for copy.

B. Mrs. Penny Phillippi, Highlands County Housing Director: Community Workforce

Housing Innovation Program, Citizens Advisory Committee and Community Land Trust Penny Phillippi, Highlands County Housing Director, requested the board to allow her to proceed with the application to Florida Housing Finance Corporation. Commissioner Stewart asked who is responsible for setting up the Community Land Trust. Penny Phillippi advised that the Housing Department would move forward with the creation of the Community Land Trust. Commissioner Stewart advised that she would like the Board to be more involved in the discussions on the priorities and possible strategies of the Community Land Trust. Penny Phillippi stated that they will put together a package and bring it to the Board and discuss it in further detail. Commissioner Jackson questioned the Citizens Advisory Committee section on Page 3 of the packet, and asked how Highlands County is rated compared to the other urban counties. Penny Phillippi responded that Highlands County is a county that can compete with the larger counties. Commissioner Jackson questioned the number of committee members because only 12 members were listed and 13 categories were listed. Penny Phillippi responded that she would like to change it to 13 committee members. Motion by Commissioner Stewart, seconded by Commissioner Bates, to approve the reformation of the two housing committees appointed by the BCC into one Citizens Advisory Committee with the one change that Commissioner Jackson suggested on changing the membership to 13 and that also includes a BCC liaison to this Committee which will be up to the Chairman to appoint; to approve making application for $5,000,000 in CWHIP funds; and to approve the purchase of a 20 acre parcel to be conveyed to a newly formed Heartland Community Land Trust at the time of formation. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 204.

C. Request approval to Amend the Hurricane Housing Assistance Plan, deleting the Housing

Partnership Program and including Community Land Trust Initiative Penny Phillippi, Highlands County Housing Director, presented her request to amend the Hurricane Housing Assistance Plan, to delete the Housing Partnership Program and replace it with a strategy to create a Community Land Trust by Resolution. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to approve item as listed. Upon roll call Commissioners voted aye. Motion carried. See Res. Book 19 Page 205.

Break 10:25 a.m. – 10:40 a.m. D. Request approval of the revised Heartland Library Cooperative Interlocal

Agreement (Action/cont’d):

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BOOK 20 PAGE 572 Commissioner Maxcy commented that this issue is going to be moved to another day. J. Ross Macbeth advised that he would like the Board to defer action on this issue until next week because the agreement in front of everyone today is not the correct revised agreement. Commissioner Jackson asked if they could have the agreement prior to the meeting for review and Atty. Ross Macbethadvised that he would review the agreement and make necessary changes and get it to the Commissioners prior to the agenda. Commissioner Bates questioned if the library was being left without the ability to pay bills. Carl Cool, County Administrator, advised that the Cooperative had retained an accounting firm to provide this service. Public input was received from Cathy Bergens. See tape for further details. 6. PUBLIC HEARING: Jim Polatty, Planning & Zoning Director: Public Hearing to Consider

Land Development Regulations Jim Polatty, Development Services Director, read the proposed Ordinance into the record with exception to the building code because staff recommended that several sections of the code be pulled today. Jim Polatty advised that the following sections need to be pulled which is the Landspreading of Septage and Sludge Amendment in Ordinance Sec #21 (and related amendments in Ordinance Sections #7, #11, #12 and #14 ), in addition, pulling the power substation amendment in Ordinance Section #18. Mr. Polatty also suggested to pull Section 23-34 in the Building Code Amendment J. Ross Macbeth, Board Attorney, had some concerns. Jim Polatty also advised that there was a consensus at the P&Z meeting approving the following Amendments in Ordinance Section #21 A, B, C and D. Jim Polatty also presented the Board with an e-mail from Lew Carter, Chairman of the Planning and Zoning Board, with three additional amendments on Section 12.12.612 and suggested to approve the amendments so the Ordinance could be adopted. Commissioner Stewart commented on the changes and asked Mr. Polatty if he was in agreement to those changes and Mr. Polatty stated he was in agreement. Gerry McNeil from NRAC advised that all the items submitted are essentially needed for the county and would recommend approval. Commissioner Stewart commended NRAC and P&Z for working together in this matter. Motion by Commissioner Stewart, seconded by Commissioner Jackson, to approve the agreement reached by Planning and Zoning and NRAC regarding changes to Sections 21, A, B, C and D, and including the additional changes recommended by the Chairman of the Planning and Zoning Commission and deleting the original changes recommended by NRAC in Sections 26A, 27A, pulling the Power Substation Amendment in Ordinance Section #18 and pulling the Landspreading of Septage and Sludge Amendment in Ordinance Section #21 (and related amendments in Ordinance Sections #7, 11, #12 and #14) and deleting Sections 26-34 in the building sections as recommended for deletion by the County Attorney. Elizabeth Gillian from DEP, spoke in support of the recommended changes in the Ordinance. Upon roll call Commissioners voted aye. Motion carried.

7. WORKSHOP: Capital Financial Strategy Carl Cool, County Administrator, commented that the assumptions have been revised as to option B1 and C1 and he has explained the difference between both Options B1 and C1 and wanted to present upcoming projects to discuss and approve and the possible adoption of the Capital Improvement Plan. Commissioner Stokes questioned if the changes that DOT made earlier today were in his presentation. Mr. Cool advised that additional revenue needs to be added in the Sebring Parkway Phase III project. Commissioner Stewart commented that she would like to discuss the Sheriff’s Office and Veteran’s Building project. Carl Cool presented the figures to the Board on the 06/07 projects for the Sheriff’s Office. Commissioner Maxcy recommended to the Board to approve this project. Sheriff Susan Benton commented that she wanted to share the cost numbers from DLR. Commissioner Stewart asked why the costs were now lower and has a project been eliminated. Sheriff Benton advised that the reduction has been to square footage to projects and leasing building opposed to new construction.

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BOOK 20 PAGE 573 Commissioner Stewart commented that she had a concern on the cost and suggested to have a group come in and do an estimate on projects. Ramon Gaverrete, County Engineer, commented that the consultants would be involved in all design meetings. Commissioner Jackson questioned why no funds were allocated for the Supervisor of Elections, and this needs to be addressed. Carl Cool advised that they have no monies 06/07 and the monies in 07/08 are for right-a-way projects. Commissioner Jackson commented that he would like to have another space for the Supervisor of Elections. Joe Campbell, Supervisor of Elections invited the Commissioners to visit his warehouse so they could see the lack of space and recommended a building for training of poll workers, tabulation, early voting and maybe the possibility of completed moving out of the Government Center. Carl Cool suggested to look at the problem and keep options open and to have the Commissioners go look at the inventory and warehouse. Commissioner Maxcy recommended to the Board to make a decision on Option B1 or C1 and discussion was made by Commissioner Stewart and Ken Wheeler, Director of Solid Waste, and Option C1 was choosen. Carl Cool suggested to approve the 1.2 million on the Sheriff’s Office and step one is to get a designer. Commissioner Stewart stated to move ahead with this as one of the county’s priorities. Commissioner Maxcy advised the Board to move onto the asphalt plant. Commissioner Stokes discussed the savings of the plant and the convenience of it. Ken Wheeler commented that he would have to gather the cost from PBS&J and bring it back to the Board for approval and some estimated cost figures. Commissioner Jackson recommended a workshop be scheduled on this issue and Commissioner Stewart concurred. Ken Wheeler stated he would bring all cost figures to the next meeting. Carl Cool presented the Veteran’s Commodity Program and expanding their office and the issue of the commodities will be presented next week. 8. CITIZENS NOT ON THE AGENDA Tom Bohan commented on the hog waivers. Douglas Barnard commented on the landfill tarps. 9. COMMISSIONERS: Commissioner Stewart reported on the meeting she had with Highlands Ridge, Highlands Home Owner’s Association, Florida Fish and Wildlife Commission, Denise Grimsley’s representative and the Sheriff’s office yesterday to discuss problems with ATV’s and people shooting in that vicinity. Commissioner Bates suggested having the issue of the asphalt plant placed on a future agenda for discussion and public input. Commissioner Maxcy commented on the possibility of getting lapel microphones so the public can hear them better. Carl Cool, County Administrator suggested the options available for microphones to the Board. Commissioner Maxcy welcomed Kevin Bouffard, journalist from the Lakeland Ledger. Commissioner Maxcy commented that he had the completed responses and findings on Bob Jamison’s Library Audit in his hand and he’s not sure if Mr. Jamison will agree but the chair recommended that after all the criminal findings come out that a hearing be held so Staff can listen to the findings and respond. Commissioner Jackson agreed with the scheduling of this hearing. Commissioner Stewart clarified that this is not Mr. Jamison’s Audit, it is the Clerk of Courts Audit. Commissioner Maxcy responded that he will call it Bob Jamison’s Audit and if she wants to use the Clerk’s Audit, then use the Clerk’s Audit and commented that he would like to get this done and Bob Jamison is welcome to come if he wants and if not, that was fine but as a Board this needs to be addressed and get this behind us. Bob Jamison, Deputy Clerk, requested to comment and Commissioner Maxcy replied “No Sir, you may not” and had no further comments as Commissioner and move forward and adjourned the meeting and moved on to the meeting of the districts.

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BOOK 20 PAGE 574 Commissioner Maxcy apologized to Mr. Jamison on cutting him off earlier and said he just wanted to get the meeting done and advised him that he was allowing him to respond now. Bob Jamison, Deputy Clerk reported that the audits were conducted under the Office of the Clerk of Courts, and by Statutes and the Constitution and advised that the audit was signed by the Clerk of Court. Mr. Jamison also commented that it’s not his audit and that he didn’t conduct any of the field work and the two auditors were the ones who conducted all the field work and that he is the spokesperson for that department since the two auditors report to him. He reiterated it’s not his audit. 10. ADJOURN The meeting adjourned at 1:30 P.M.

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BOOK 20 PAGE 575

REGULAR MEETING OF THE BOARD DECEMBER 19, 2006 1. The meeting was called to order at 9:00 A.M. in the Board of County Commission


C. Guy Maxcy Carl Cool Edgar Stokes Bob Jamison

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

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Ramon Gavarrete, County Engineer. The Pledge of Allegiance was led by Commissioner Stewart. 3. ANNOUNCEMENTS

A. Deputy Clerk, Bob Jamison, presented a report of the Weekly Report of Court Services ended 12/15/06 as provided by the Highlands County Clerk of Courts, L.E. “Luke” Brooker. See SMB 48 Page 171.


No meeting notices were received for December 19, 2006 through January 1, 2007 In observance of the Christmas holiday County offices will be closed Monday, December 25, 2006 and Tuesday, December 26, 2006 In observance of the New Year’s holiday County offices will be closed on Monday, January 1, 2007

C. Other meetings: No report. D. Arrival of Santa’s helpers


A. Request approval to pay all duly authorized bills and employee benefits December 19, 2006

General ……………………………… 725,483.59 County Transportation Trust ……... 20,778.51 Local Govt Infra Surtax …………… 520,242.41 Tourist Dev Trust Fund …………… 470.21 Building Code Enforcement Fund …… 51.06 Solid Waste ...…………………………17,884.57

Placid Utilities ...………………………12,911.05 Highway Park Utility …………………11,835.18 Risk Retention Fund …………………….. .38

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BOOK 20 PAGE 576

Tax Deed Surplus Fund …………… 147,922.91 Hurricane Housing Rec Pro ………….50,000.00 E911 Operations Fund……………………. .76 Employee Benefit Fund…………………… 1.14

B. Request to Release a Notice of Nuisance on CE 06020022, 200 Garrett Road, Avon Park, FL, Highlands County, FL. See Subdivision file.

C. Request to Release a Notice of Nuisance on CE 04080127, 6221 Highlands St., Sebring, Highlands County, FL. See Subdivision file.

D. Request to Release a Notice of Nuisance on CE 06050025, 6412 Hancock Rd., Sebring, Highlands County, FL. See Subdivision file.

E. Request approval of a Satisfaction of Mortgage for Heather M. Franklin. See Satisfaction file.

F. Request approval of a contract with Pam Karlson for Special Magistrate. See SMB 48 Page 172. See Pam Karlson P.A. contract file.

G. Request approval and execution of an EMS Grant Application and Resolution for the purchase of a rescue vehicle. See EMS file & See Res. Book 19 Page 208.

H. Request approval of Consultant Service Authorization Number 8680.28 to Chastain Skillman, Inc., Miscellaneous Engineering and Surveying Services. See Chastain Skillman, Inc. file.

I. Request consideration of additional cost for the engineering design of the siding and the relocation of the South Central Florida Express, Inc., and CSX Transportation Interchange; Sebring Parkway Phase II, Highlands County Project No. 01101. See SMB 48 Page 173.

J. Request approval of Resolutions & budget amendments 06-07-54; 55; 57; 58. See Res. Book 19 Pages 211, 212, 213, 214.

5. PUBLIC HEARING: Public Hearing to consider approval of an Ordinance to be

known as the Highlands County Proportionate Fair-Share Ordinance Companion and an Ordinance of the Highlands County Board of County Commissioners amending Section 12.02.103 of the Code of Ordinances

Ramon Gavarrete, County Engineer, presented his request and read the caption of the ordinance into the record and advised the board of the changes in the ordinances. Commissioner Maxcy confirmed with Mr. Gavarrete that this was the second public hearing on this issue. Attorney Ross Macbeth explained the concept of the impact fees, impact fee credits and proportionate fair-share. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to approve item listed above. Upon roll call, all Commissioners voted aye. Motion carried. See Ordinance Book 12.

6. PUBLIC HEARING: Public Hearing to consider a motion to adopt a Resolution to

Vacate an Easement being the South 10.00 feet of Lot 1, Block 12, Placid Lakes, Section 2, less the Southwesterly 10.00 feet of Lot 1, Block 12, Placid Lakes, Section 2, according to the plat thereof as recorded in Plat Book 6, Page 21, of the Public Records of Highlands County, Florida

Ramon Gavarrete, County Engineer, presented the request. Motion by Commissioner Bates, seconded by Commissioner Stewart, to adopt the Resolution vacating the easement as described. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 209.

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BOOK 20 PAGE 577

7. PUBLIC HEARING: Public Hearing to consider a motion to adopt a Resolution to Vacate an Easement being a 15 foot wide easement, lying 7.5 feet left and right of the following described centerline: Being the Southeast corner of Lot 7, Block 735, Sun ‘N Lake Estates of Sebring, Unit 25 RI, A 1989 Replat of Unit 25, as recorded in Plat Book 15, Page 41, also known as the Northeast corner of Lot 8, Block 735, Sun ‘N Lake Estates of Sebring, Unit 25 RI, a 1989 Replat of Unit 25, as recorded in Plat Book 15, Page 41, according to the plat thereof as recorded in Plat Book 15, Page 59, of the Public Records of Highlands County; Thence North 88°54’10.4” West and along the South line of Lot 7, for a distance of 115.00 feet to end of description less and except the east 25 feet of the easement .

Ramon Gavarrete, County Engineer, presented his request. Rick Whidden explained the objection from Florida Power and advised that the resolution should read, less and except the east 25 feet of the easement. Motion by Commissioner Jackson, seconded by Commissioner Bates, to adopt the Resolution to vacate the easement as described in the Resolution, less the east 25 feet. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 210.

8. PUBLIC HEARING: Two (2) zoning changes, response to 06-2 ORC Report and to

amend Division 1 (Concurrency) of Article 13 (other Administrative Procedures) of Chapter 12 (Land Development Regulations) are on the Board of County Commissioners’ Agenda for December 19, 2006. The zoning changes and the 06-2 ORC Report were heard by the Planning and Zoning Commission and the Local Planning Agency on December 5, 2006. OLD BUSINESS: HEARING #1862 – VARELA CONSTRUCTION, CORP. – C/O TRI-COUNTY ENGINEERING, INC. Approximately 37.9 acres on the East side of Tractor Road just North of the Carva Hills Subdivision, and abbreviated legal as follows: Approximately 37.89 acres located in Sec. 10, Twp. 35S, Rge. 29E, Highlands County, Florida. Request: A zoning change from AU (Agricultural) to R-3 FUD (Multiple Dwelling district with a Flexible Unit Development). Applicant desires to construct a residential development.

Jim Polatty, Development Services Director, presented his request. Clifford Rhoades, representing the applicant, stated the goal is to create a development with 319 units. Mr. Polatty advised that there are several signatures and letters against this project and shared them with the Commissioners. Commissioner Stewart stated that she would like to reference the 319 units. Lewis Snagley, Richard Monday, Mary Brevard, Arthur Owens spoke in opposition. Public input was received from Cathy Bergens. Motion by Commissioner Stewart, seconded by Commissioner Jackson to adopt CPA-06-394LS and Conditions Pursuant to FLU Policy 11.1: Site Specific Developments:

1. The project shall be limited to a maximum of 319 units, to include two rows of single family residential buffer on the east and south side of the property. 2. Central potable water and wastewater treatment services shall be provided to the development by a public entity. 3. The property shall be considered as a single project for purposes of development review and approval under County Codes. 4. The Applicant shall dedicate additional rights-of-way as required by the County Engineer in order to meet the requirements of the long Range Transportation Plan, the Land Development Regulations, the Highlands County Technical Standards Manual and the Capital Improvements Program at the time of Development.

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BOOK 20 PAGE 578

5. A traffic study will be required using Highlands County approved methodology for Comprehensive Plan Amendments. 6. The Applicant will implement the development by either a FUD or PD. 7. All existing permitted water supply capacity, in excess of that needed for site irrigation, shall be transferred to the City of Sebring or Highlands County prior to development, to the extent allowed by the rules of the Water Management District. 8. Effluent reuse lines shall be installed by the developer within the development unless the wastewater service provider determines they are not required at the time of development.

Upon roll call, all Commissioners voted aye. Motion carried. See Ordinance Book 12.

Request: A zoning change from AU (Agricultural) to R-3 FUD (Multiple Dwelling district with a Flexible Unit Development). Applicant desires to construct a residential development.

Attorney, Ross Macbeth advised that the Resolution in Section 4, should state Effective Date. This Resolution shall take effect upon Highlands County Ordinance 06-07- , CPA-06-394LS becoming effective as provided by law and in Section 1, it should state (6) All development phases shall comply with FUD conceptual site plan attached hereto and included herein by this reference. Motion by Stewart, seconded by Commissioner Stokes move to approve by resolution P&Z # 1862, which include the changes in the Section 4, (effective date) and Section 1, (#6) as read by the County Attorney into the record at this meeting along with a change in #5 to read, 25 feet front and back setback for single family homes and a 20 foot landscape buffer along the north and east perimeter of the project and Conditions Pursuant to FLU Policy 11.1: Site Specific Developments:

1. The project will be limited to a maximum of 319 units, to include two rows of single family residential buffer on the east and south side of the property. 2. Central water and central wastewater shall be provided by a public entity. 3. The property shall be considered as a single project for purposes of development review and approval for all purposes under County Codes. 4. The applicant shall dedicate additional rights-of-way on site as required by the County Engineer in order to meet the requirements of the Long Range Transportation Plan, the Land Development Regulations, the Highlands County Technical Standards Manual, and the Capital Improvements Program at the time of development. 5. The minimum setbacks are as follows: 20 feet between multi-family buildings, 7 ½ feet on the sides of single homes, 25 feet front and back setback for single family homes, and a minimum of a 20 foot landscape buffer along the south and west perimeter of the project and a 25 foot landscape buffer along the north and east perimeter of the project, however the retention pond area can suffice as the landscape buffer requirement. See attached site plan. 6. All development phases shall comply with FUD conceptual site plan attached hereto and included herein by reference. 7. Effluent reuse lines shall be installed by the developer unless the wastewater service provider determines they are not required. 8. Water supply capacity in excess of that needed for irrigation within the project shall be transferred to the City of Sebring or Highlands County prior to development in accordance with all Water Management District rules and regulations. 9. A traffic study will be required using Highlands County approved methodology.

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Upon roll call, all Commissioners voted aye. Motion carried. See Resolution Book 19 Page 207. Break 10:55 a.m. – 11:15 a.m

HEARING # 1889 – AVON PARK LAKE ESTATES, LCC. – C/O GARY ROSEN Approximately 124 acres located on the East shore of Lake Pioneer North of Avon Park and abbreviated legal as follows: Approximately 124.31 acres located in Sec. 11, Twp. 33S, Rge. 28E, Highlands County, Florida. Request: A zoning change from AU (Agricultural) to R-3 PD (Multiple Dwelling district with a Planned Unit Development). Applicant desires to construct a residential development.

Jim Polatty, Development Services Director presented his request and advised that the applicant has requested to continue this until January 16, 2007 and requested a motion. Motion by Commissioner Bates, seconded by Commissioner Jackson, to continue this hearing on January 16, 2006. Upon roll call, all Commissioners voted aye. Motion carried.

PUBLIC HEARING: Response to 06-2 ORC Report for the following Hearings:. HEARING #CPA-06-393LS – SEBRING LAND LIMITED PARTNERSHIP – C/O JOE DOBOSH – C/O CLIFFORD R. RHOADES Approximately 16.1 acres located West of Mud Lake and North of Altvater Road in Highlands Ridge Subdivision, and abbreviated legal as follows: Approximately 16.11 acres located in Sec. 33, Twp. 33S, Rge. 29E, Highlands County, Florida. Requesting a large scale plan amendment from (Agricultural) to (Medium Density Residential.)

Jim Polatty, Development Services Director, presented his request. Commissioner Stewart questioned if DCA had objections pertaining to schools and portable water and wastewater. Mr. Polatty addressed her questions. Motion by Commissioner Stewart , seconded by Commissioner Bates, to approve in accordance with the P&Z’s and BCC’s decisions, move to approve and adopt by ordinance CPA-06-393LS amending the Future Land Use Map from (Agriculture) to (Medium Density Residential) for 16.11 acres, amending FLU Policy 11.1 to add the conditions cited below, and becoming effective as provided by law.

1. Central potable water and wastewater treatment services are to be provided by the development.

2. The property shall be considered as a phase of a single project for purposes of development review and approval under County Codes.

Upon roll call, all Commissioners voted aye. Motion carried. See Ordinance Book 12.

HEARING #CPA-06-394LS – VARELA CONSTRUCTION, CORP. – C/O TRI-COUNTY ENGINEERING, INC. Approximately 37.9 acres on the East side of Tractor Road just North of the Carva Hills Subdivision, and abbreviated legal as follows: Approximately 37.89 acres located in Sec. 10, Twp. 35S, Rge. 29E, Highlands County, Florida. Requesting a large scale plan amendment from (Agriculture) to (High Density Residential). This issue was already heard. See previous caption (OLD BUSINESS: HEARING #1862 – VARELA CONSTRUCTION, CORP. – C/O TRI-COUNTY ENGINEERING, INC. Approximately 37.9 acres on the East side of Tractor Road just North of the Carva Hills Subdivision, and abbreviated legal as follows: Approximately 37.89 acres located in Sec. 10, Twp. 35S, Rge. 29E, Highlands County, Florida. Request: A zoning change from AU

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(Agricultural) to R-3 FUD (Multiple Dwelling district with a Flexible Unit Development). Applicant desires to construct a residential development. HEARING #CPA-06-395LS – FEIT MANAGEMENT CORP. – C/O RHON ERNEST-JONES CONSULTING ENGINEERS, INC. Approximately 58 acres located North of Lake Pythias on the Polk County Line, and abbreviated legal as follows: Approximately 58 acres located in Sec. 2, Twp. 33S, Rge. 28E, Highlands County, Florida. Requesting a large scale plan amendment from (Agriculture) to (Medium Density Residential).

Jim Polatty, Development Services Director, presented his request. Rhon Ernest-Jones representing the applicant stated that he needed a clarification to the provision of central water and wastewater treatment. Mr. Ernest-Jones requested the definition of central potable water and sewer. Commissioner Stewart described this area to the rest of Commission and she presented a map which was entered into the record. Commissioner Stewart suggested that she would like the City to work out issues with the developers directly. Motion by Commissioner Stewart, seconded by Commissioner Jackson, to approve in accordance with the P&Z’s and BCC’s decisions, move to approve and adopt by ordinance CPA-06-395LS amending the Future Land Use Map from (Agriculture) to (Medium Density Residential) for 58.0 acres, amending FLU Policy 11.1 to add the conditions cited below, and becoming effective as provided by law and Conditions Pursuant to FLU Policy 11.1: Site Specific Developments:

1. Central potable water and wastewater treatment services shall be provided to the development by a public entity. 2. The property shall be considered as a single project for purposes of development review and approval under County Codes. 3. The Applicant shall dedicate additional rights-of-way as required by the County Engineer in order to meet the requirements of the long Range Transportation Plan, the Land Development Regulations, the Highlands County Technical Standards Manual and the Capital Improvements Program at the time of Development. 4. The project shall be limited to a maximum of 355 units 5. A traffic study will be required using Highlands County approved methodology for Comprehensive Plan Amendments. 6. The Applicant will implement the development with a Planned Development Zoning District (PD). 7. Effluent reuse lines shall be installed by the developer within the development unless the wastewater service provider determines they are not required at the time of development. 8. All existing permitted water supply capacity, in excess of that needed for site irrigation, shall be transferred to the City of Avon Park or Highlands County prior to development, to the extent allowed by the rules of the Water Management District.

Upon roll call, Commissioners voted aye. Motion carried. See Ordinance Book 12.

HEARING #CPA-06-397LS – BOB PAUL, INC. – C/O ROGER DALE POLSTON Approximately 10 acres located Southeast of the intersection of U.S. 27 and U.S. 98 on the West side of Twitty Road, and abbreviated legal as follows: Approximately 10 acres located in Sec. 22, Twp. 35S, Rge. 29E, Highlands County, Florida. Requesting a large scale plan amendment from (Agriculture) to (Commercial).

Jim Polatty, Development Services Director, presented his request. Dale Polston, representing the applicant, stated that they are agreeable with the conditions. Motion by Commissioner

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Stewart, seconded by Commissioner Bates, to approve in accordance with the P&Z’s and BCC’s decisions, move to approve and adopt by ordinance CPA-06-397LS amending the Future Land Use Map from (Agriculture) to (Commercial) for 10.0 acres, amending FLU Policy 11.1 to add the conditions cited below, and becoming effective as provided by law and Conditions Pursuant to FLU Policy 11.1: Site Specific Developments:

1. Use of the site for self-storage under B-3 will be limited to self-storage/storage and no other business shall be operated from the self-storage operation. 2. Central potable water services are to be provided to the property by the City of Sebring. 3. The property shall be considered as a single project for purposes of development review and approval under County Codes. 4. The Applicant shall dedicate additional rights-of-way as required by the County Engineer in order to meet the requirements of the Long Range Transportation Plan, the Land Development Regulations, the Highlands County Technical Standards Manual and the Capital Improvements Program at the time of development. 5. A traffic study will be required using Highlands County approved methodology for Comprehensive Plan Amendments. 6. All existing permitted water supply capacity, in excess of that needed for site irrigation, shall be transferred, from time to time, to the City of Sebring or Highlands County, to the extent allowed by the rules of the Water Management District.


Lunch Break 12:00 p.m. – 1:10 p.m.

HEARING #CPA- 06-399LS – KITO, INC. – C/O GREAT FRUIT COMPANY, INC. Approximately 14.4 acres located at the Northeast corner of U.S. 27 and U.S. 98 just South of the Old Trail Town Industrial area, and abbreviated legal as follows: Approximately 14.38 acres located in Sec. 25, Twp. 35S, Rge. 29E, Highlands County, Florida. Requesting a small scale plan amendment from (Agriculture) to (Commercial).

Jim Polatty, Development Services Director, presented his request. Commissioner Maxcy questioned if there were any letters for or against. Mr. Polatty stated there were no letters against this project. Dale Polston, representing the applicant stated that he was requesting approval and would answer any questions. Commissioner Stewart questioned the acreage amount. Mr. Polatty advised that the only change today is amending the Future Land Use Map from Agriculture to Commercial. Commissioner Stewart suggested making a change on Central potable water and the wastewater treatment services shall be provided to the development by a public entity. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to approve in accordance with the P&Z’s and BCC’s decisions, move to approve and adopt by ordinance CPA-06-399LS amending the Future Land Use Map from (Agriculture) to (Commercial) for 14.38 acres, amending FLU Policy 11.1 to add the conditions cited below, and becoming effective as provided by law and Conditions Pursuant to FLU Policy 11.1: Site Specific Developments:

1. Central potable water and wastewater treatment services shall be provided to the development by a public entity. . 2. The property shall be considered as a single project for purposes of development review and approval under County Codes.

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3. Additional rights-of-way may be required consistent with the functional classifications assigned to the streets to accommodate the additional traffic generated by the proposed development. The Applicant shall dedicate additional rights-of-way as required by the County Engineer in order to meet the requirements of the Long Range Transportation Plan, the Land Development Regulations, the Highlands County Technical Standards Manual and the Capital Improvements Program at the time of development. 4. A traffic study will be required using Highlands County approved methodology for Comprehensive Plan Amendments.


HEARING #CPA-06-402LS – NAT GRANIT (20% INTEREST) & LAKEVIEW I.P., LLC (80%) – C/O ROGER DALE POLSTON Approximately 1.5 acres located on the South shore on Lake Anoka on Marble Avenue, and abbreviated legal as follows: Approximately 1.58 acres located in Sec. 27, Twp. 33S, Rge. 28E, Highlands County, Florida. Requesting a large scale plan amendment from (Medium Density Residential) to (High Density Residential).

Jim Polatty, Development Services Director, presented his request and advised no objections have been received. Dale Polston, representing the applicant stated that they have no objections and request approval. Carl Cool, County Administrator, requested to add a drainage easement and Mr. Polston had no objection. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to approve in accordance with the P&Z’s and BCC’s decisions, move to approve and adopt by ordinance CPA-06-402LS amending the Future Land Use Map from (Medium Density Residential) to (High Density Residential) for 1.58 acres, amending FLU Policy 11.1 to add the conditions cited below, and becoming effective as provided by law Conditions Pursuant to FLU Policy 11.1: Site Specific Developments:

1. Central potable water and wastewater treatment services shall be provided to the development by a public entity. 2. The property shall be considered as a single project for purposes of development review and approval under County Codes. 3. The Applicant shall dedicate drainage easements and additional rights-of-way, including Marble Avenue, as required by the County Engineer in order to meet the requirements of the Long Range Transportation Plan, the Land Development Regulations, the Highlands County Technical Standards Manual and the Capital Improvements Program at the time of development.


HEARING #CPA-06-403LS – O.C.FARMS, INC., A FLORIDA CORPORATION, ADELA MARIA TOMEU, FRANCISCO RODRIGUES, ROBERTO RODRIGUEZ AND JEFFREY R. CRAWFORD – C/O RICK WHIDDEN Approximately 148 acres located on the South side of DeSoto Road and a quarter mile East of Highlands Avenue, and abbreviated legal as follows: Approximately 147.69 acres located in Sec. 4, Twp. 35S, Rge. 29E, Highlands County, Florida. Requesting a large scale plan amendment from (Agriculture) to (Medium Density Residential).

Jim Polatty, Development Services Director, presented his request and he advised that no letters have been received in objection and he confirmed that DCA had objections on schools, potable water & wastewater and transportation. Rick Whidden, representing the applicant, confirmed

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that they have not applied for a zoning change and confirmed that a traffic study would be done. Commissioner Stewart suggested making changes to the conditions and take out Marble Ave. Jim Polatty stated that change has been made. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to approve in accordance with the P&Z’s and BCC’s decisions, move to approve and adopt by ordinance CPA-06-403LS amending the Future Land Use Map from (Agriculture) to (Medium Density Residential) for 147.69 acres, amending FLU Policy 11.1 to add the conditions cited below, and becoming effective as provided by law Conditions Pursuant to FLU Policy 11.1: Site Specific Developments:

1. Central potable water and wastewater treatment services shall be provided to the development by a public entity. 2. The property shall be considered as a single project for purposes of development review and approval under County Codes. 3. The Applicant shall dedicate additional rights-of-way as required by the County Engineer in order to meet the requirements of the Long Range Transportation Plan, the Land Development Regulations, the Highlands County Technical Standards Manual and the Capital Improvements Program at the time of development. 4. Density shall be limited to a maximum of 5 units per acre. 5. A traffic study will be required using Highlands County approved methodology for Comprehensive Plan Amendments. 6. All existing permitted water supply capacity, in excess of that needed for site irrigation, shall be transferred to the City of Sebring or Highlands County prior to development, to the extent allowed by the rules of the Water Management District. 7. Effluent reuse lines shall be installed by the developer within the development unless the wastewater service provider determines they are not required at the time of development.


HEARING #CPA-06-378LS – SANDY RIDGE GROVES, INC. – C/O ARNOLDO R. ROBELO AND ROGER DALE POLSTON Approximately 40 acres located on the East side of Tractor Road, North of Highlands Oaks R.V. Resort, and abbreviated legal as follows: Approximately 39.15 acres located in Sec. 15, Twp. 35S, Rge. 29E, Highlands County, Florida. Requesting a large scale plan amendment from (Agriculture) to (High Density Residential.)

Jim Polatty, Development Services Director, presented his request and advised that DCA had objections for need, public facilities, transportation and school but not sprawl. Mr. Polatty stated that a traffic study has been done and is recommending approval along with P&Z. Commissioner Maxcy asked if there were letters against. Mr. Polatty confirmed that he had several petitions and letters against this approval and provided them to the board for review. Public input was received from Lisa K. Bond. Commissioner Stewart commented on the adverse impact on the neighborhood and advised that the Planned Unit Development condition is to safe guard the public. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to approve in accordance with the P&Z’s and BCC’s previous decisions, move to approve and adopt by ordinance CPA-06-378LS amending the Future Land Use Map from “Agriculture” to “Medium Density Residential” for 39.15 acres, amending FLU Policy 11.1 to add the conditions below, and becoming effective as provided by law Conditions Pursuant to FLU Policy 11.1: Site Specific Developments

1. Central potable water and wastewater treatment services shall be provided to the development by a public entity.

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2. The number of units shall be capped at 313 dus. 3. A traffic study shall be required using Highlands County approved methodology for Comprehensive Plan amendments. The applicant or the applicant's traffic consultant or agent shall discuss the methodology with both the County Planning and Engineering staff before proceeding with development of the study. 4. Environmental clearance, if required, of impacts to Wetlands, Cutthroat Grass Seeps, and Xeric Uplands will be necessary prior to development. No development order or permit will be issued unless prescribed environmental mitigation is accomplished. Concurrency assessment for traffic circulation, sanitary sewer, potable water, solid waste disposal, storm water drainage, and recreation and open space will be required prior to development. All development orders and permits will specify any needed improvements, and a schedule for their implementation, including any conditions that require public facility improvements, be in place concurrent with the impacts of the proposed development. 5. The Applicant shall dedicate additional rights-of way as required by the County Engineer in order to meet the requirements of the Long Range Transportation Plan, the Land Development Regulations, the Highlands County Technical Standards Manual, and the Capital Improvement Program at the time of development. 6. The property shall be considered as a single project for purposes of development review and approval for all purposes under County Codes. 7. The applicant shall submit a zoning change application to amend the zoning to R-2 PD (Planned Development) 8. A minimum of Type “A” transitional yard shall be included on the north and east side of the development. 9. All existing permitted water supply capacity, in excess of that needed for site irrigation, shall be transferred to the City of Sebring or Highlands County prior to development, to the extent allowed by the rules of the Water Management District. 10. Effluent reuse lines shall be installed by the developer within the development unless the wastewater service provider determines they are not required at the time of development.

Upon roll call, Commissioners voted aye. Motion carried. See Ordinance Book 12. 9. ACTION: Motion by Commissioner Jackson, seconded by Commissioner Bates, to set the action agenda as amended. Upon roll call, Commissioners voted aye. Motion carried.

A. Human Services Director and Assistant Human Services Director: Discussion of Food Distribution Program/Commodities and request approval of a Consultant Services Agreement with Chastain Skillman for Human Services/Veteran Services Building Expansion

Mary Foy, Assistant Human Services Director, gave a power point presentation on the Food Distribution Program/Commodities and expansion of the Veteran Services Building. Commissioner Maxcy requested that the Veterans express their needs for better understanding. Harry Marsh, Veteran Council of Highlands County expressed his concerns about security issues as to record keeping and that the building is not ADA compliant. Commissioner Jackson questioned the amount of additional space needed. Mr. Marsh advised the consensus at the last meeting was a minimum of 900-1000 square feet would be needed. Commissioner Stewart questioned if Mr. Marsh had a preliminary needs assessment to present to the board. Mr. Marsh

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advised he had no report to present to the Board but he did have an assessment on space needs. Mary Foy commented on the needs of additional space. Kevin Roberts, Director of Human Services spoke in regards to not having funds available to move the Veteran’s office to another location so they are looking at a possible expansion. Elizabeth Waddell, President of Highlands WAVES commented on the difficulty of getting the Veterans in the office with disabilities and handicaps. Commissioner Stewart suggested to have a report of their needs for better understanding before signing any contract. Ramon Gavarrete, County Engineer commented on the funds available in the CIP for the expansion of this project. Commissioner Jackson concurred with Commissioner Stewart on waiting for a report on their needs. Commissioner Maxcy advised that they will bring this back after January 9, 2007 for further discussion once the report is received on their specific needs.

B. Development Director: Request approval of Interlocal Agreements for implementation of impact fees

Jim Polatty, Development Service Director, presented his request and advised that the agreements are ready to be adopted. Ross Macbeth, Board Attorney advised to discuss impact fees. Ken Poe, Highlands County Builders Association President spoke on the issue of the Florida Impact Fee Payment and request to let them pay the fee at the time of certificate of occupancy. Carl Cool, County Administrator advised that the Board has already adopted an Ordinance on Impact Fees and several meeting were held in this regard and fees are to be paid at the time of the building permit and suggested to leave the Ordinance alone and see if it will work. Commissioner Stewart, and Ramon Gavarette, County Engineer, concurred with Mr. Cool. Commissioner Bates questioned the estimated time when a permit is requested until the certificate of occupancy and Mr. Poe advised that it’s approximately 6 months. Public input was received from Jack Richie, Doug Walz and Ronnie Carter. Commissioner Stokes commented that he would not agree on changing it. Commissioner Stewart questioned if the Board Attorney reviewed the agreements and Attorney Macbeth stated that they are ready for adoption. Commissioner Stewart requested changes in the Lake Placid Interlocal Agreement regarding the Town providing fire protection. Mr. Polatty stated that he would make that change today. Commissioner Stewart also recommended a change on the Lake Placid Interlocal Agreement under item K and it should read “Adoption by the Board of County Commissioners that of the recommended five-year Impact Fee Capital Improvement Program will consider the requested capital projects as received from the Town.” Commissioner Stewart also requested a change in the Avon Park Interlocal Agreement under item K it should also read “by” to “from”. Motion by Commissioner Jackson, seconded by Commissioner Stewart, to approve all 4 Interlocal Agreements with all changes requested by Commissioner Stewart. Upon roll call, Commissioners voted aye. Motion carried. See Impact Fee file. Break 3:45 p.m. – 3:50 p.m.

C. Solid Waste Director: Discussion of a County-owned Asphalt Plant and request approval of a Consultants Agreement with PBS&J to provide Engineering Services for a proposed Asphalt Concrete Plant

Ken Wheeler, Solid Waste Director, gave a power point presentation on the issue. Ramon Gavarrete, County Engineer commented on the amount of monies which will be spent on resurfacing. Public input was received from Preston Colby. Commissioner Jackson questioned the risk of not producing good asphalt and the cost of materials. Commissioner Stewart questioned future costs. Mr. Wheeler addressed the costs of equipment. Bruce Van Jaarsveld, Road & Bridge Superintendent gave his opinion on the expense. C.B. Shirey, Avon Park City

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Manager commented on the good economic outcome for both the City of Avon Park and Highlands County. Ted Long, Avon Park Public Works Director commented on the difficulty of obtaining asphalt. Motion by Commissioner Bates, seconded by Commissioner Jackson, to authorize the Chairman to sign Task Authorization No. 20 with Post, Buckley, Schuh and Jernigan, Inc. for engineering services associated with an asphalt plant to be located at the landfill with an estimated cost of $35,000.00. Upon roll call, Commissioners voted aye. Motion carried. See Landfill file. Commissioner Jackson left meeting at 5:20 p.m.

D. Board Attorney: Request approval of the revised Heartland Library Cooperative Interlocal Agreement

Carl Cool, County Administrator, suggested to have this item pulled until further findings of the audit. 1. Board Attorney: Request approval releasing existing Unity of Title Agreement and accept newly created Unity of Title Agreement Ross Macbeth, Board Attorney, presented his request. Motion by Commissioner Stewart, seconded by Commissioner Bates to accept the Declaration of Unity of Title, approve the Joiner and Consent to Declaration of Unity of Title Agreement and approve the Release of Unity of Title Agreement. Upon roll call, Commissioners voted aye. Motion carried. Commissioner Stewart presented the new owner, Bob Lucas.

E. County Administrator: Presentation of the 10-Year Capital Financial Schedule Plan

Carl Cool, County Administrator, presented his request. Tim Mechling, Budget Manager, addressed the sensitive timing issue of getting a response from the Board. Mr. Cool recommended that the Board approve the Capital Financial Strategy as presented today and include in the motion that no monies will be spent until it’s placed back on the agenda in January and this will let Mr. Mechling take this to the bonding company. Motion by Commissioner Stokes, seconded by Commissioner Bates, to approve item listed above. Upon roll call, Commissioners voted aye. Motion carried. See CIP file.

F. County Administrator: Announcement of the Goal Setting Retreat Carl Cool, County Administrator, advised that Tommy Todd from Glades Electric has graciously agreed to facilitate the Goal Setting meeting for January 9, 2007 at 1:00 p.m. at the Blue Head Ranch at the end of Clark Road. Mr. Cool commented that he is working with the Recording Department on obtaining additional recording equipment with Debra Williams. Bob Jamison, Deputy Clerk advised that he would have the equipment identified this week which would be compatible for our needs and ask if directions to the Blue Head Ranch would be given. Mr. Cool advised that he would have directions to Blue Head Ranch at the January 2nd meeting. 10. CITIZENS NOT ON THE AGENDA (Five minute time limit) Pierre Orantes requested a waiver of exception to 20 day rule for applying for permit for tent sale of motor vehicles. Commissioners were unable to waive the rule. 11. COMMISSIONERS: No report.

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12. ADJOURN The meeting adjourned at 5:50 P.M.

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REGULAR MEETING OF THE BOARD JANUARY 3, 2006 1. Bob ... Board Minutes.pdfDevelopment Commission...

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