The Glades County Board of County Commissioners met on Monday, October 26, 2015at 6:00 p.m. with the following Commissioners present:

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1 MINUTES OF THE GLADES COUNTY BOARD OF COUNTY COMMISSIONERS REGULAR MEETING ON MONDAY, OCTOBER 26, 2015 AT 6:00 P.M. IN THE COUNTY COMMISSIONERS MEETING ROOM, GLADES COUNTY COURTHOUSE, MOORE HAVEN, FLORIDA The Glades County Board of County Commissioners met on Monday, October 26, 2015at 6:00 p.m. with the following Commissioners present: Tim Stanley, Chairman Weston Pryor, Vice Chairman Donna Storter Long Paul Beck John Ahern Others present: Julie Mann Braddock, Administrative Secretary Sandra H. Brown, Clerk of Court Tiffany Patterson, Finance Director Paul Carlisle, County Manager Lenice Hubbard, Administrative Assistant County Manager s Office Inga Williams, Planning Director Matthew Howard, AIM Engineering Major Henson, Glades County Sheriff s Department Al Brown, Washington Park Coalition Libby Maxwell, SFWMD Representative Tycee Prevatt, Ag Extension Agent Missie Barletto, AIM Engineering Raoul Bataller, Hendry Glades Sunday News 12 citizens Chairman Stanley called the meeting to order at 6:00 p.m. PRAYER Commissioner Beck gave the invocation. PLEDGE Vice Chairman Pryor led the Pledge of Allegiance. AGENDA AMENDMENTS There were none. PRESENTATIONS / AWARDS There were none. PUBLIC HEARINGS

2 There were none. CONSENT AGENDA 1. Approved payment of County Warrants. (Exhibit A) General Fund: Court Facilities Surcharge: EMS Award Grant: 1918 Intergovernmental Radio: SHIP: Approved the minutes of the September 28, 2015 Regular Meeting. 3. Approved the minutes of the September 24, 2015 Special Meeting. 4. Approved Barron Water Control District s Meeting Schedule Annual Notice. 5. Approved Forest Service Annual Fire Management Report 2014/ Approved Port LaBelle Community Development District s Meeting Schedule Annual Notice. 7. Approved Budget Amendment for Glades County Property Appraiser and adopted Resolution No amending the Glades County Property Appraiser s Budget. 8. Approved Budget Transfers. (Exhibit B) 9. Approved Transfer of $ from the Budget, General Fund Reserves for Special Projects and transfer $49, from the Budget, General Fund Reserves for Special Projects for a total of $50, transferred into General Fund Industrial Park. ON MOTION of Vice Chairman Pryor seconded by Commissioner Ahern the Board approved the Consent Agenda items. Motion carried by 5 0 vote. BUSINESS AGENDA 10. Florida Department of Juvenile Justice County Manager Carlisle stated the Florida Department of Juvenile Justice was requesting the Board appoint a representative to serve on the Juvenile Justice Circuit Advisory Board. He stated this appointment was required by Florida Statute. Vice Chairman Pryor asked Commissioner Ahern if he would be willing to serve on this Board. Commissioner Ahern stated he would accept the appointment. ON MOTION of Vice Chairman Pryor seconded by Commissioner Storter Long the Board appointed Commissioner Ahern to serve on the Juvenile Justice Circuit Advisory Board. 2

3 Motion carried by 5 0 vote. 11. Disposition of Glades Inn County Manager Carlisle stated the Glades Inn property had escheated back to the County. He stated Attorney Pringle had ordered a title search on the property and had researched the Board s options. He explained that the Board had 4 options for disposition of the property: 1) Continue with the Quiet Title action and then post the site for sale through a Request for Proposals (RFP) process. 2) Draft a Request for Proposals now and skip the Quiet Title action step based on a statute that says that the County does not have to convey the property by warranty deed and the County can convey the property interest in the land that it owns. 3) The previous property owner could come to the County with payment for all back taxes and liens including code enforcement fines and the County could return ownership to them. 4) The County could do nothing with the property, in which case, the County would be required to turn the property over to the City of Moore Haven. Commissioner Ahern asked how long the Quiet Title action would take. County Manager Carlisle stated the law suit could take several months. He reminded the Board that they would be able to define the uses of the property if they chose option 2. He asked the Board which option they would like to pursue. Commissioner Beck stated he would like to pursue option 2. Commissioner Ahern expressed concern with creating a problem for the person that was trying to purchase the property. He stated he was in favor of the County transferring a clean title. Commissioner Storter Long asked if the City of Moore Haven had indicated any interest in the property. County Manager Carlisle stated he had not heard anything from the City regarding the property. Commissioner Ahern stated he did not believe the City was even aware of option 4. Chairman Stanley stated he would like to go with option 2. 3

4 Commissioner Ahern stated he would like to see the property put back into use and wanted the property to have a clear title. Vice Chairman Pryor asked if the property would be worth more with a clear title. County Manager Carlisle stated for all intents and purposes the title was already clear. He stated there was an outside chance that someone could come up and claim an interest; however, all liens and encumbrances on the property, by statute, ceased to exist with the escheatment to the County. Vice Chairman Pryor stated he would like to see the property back on the tax rolls as soon as possible. Commissioner Ahern stated there were several people interested in the property. County Manager Carlisle stated there were 5 people showing an interest. Chairman Stanley asked for clarification on going out for a RFP. County Manager Carlisle stated once the Board voted on pursuing option 2 they could decide what uses to include in the RFP. He stated this was a unique time that the Board would actually be able to dictate what went on the property. ON MOTION of Commissioner Beck seconded by Vice Chairman Pryor the Board chose to move forward with Option 2 to draft a Request for Proposals now and skip the Quiet Title action step based on a statute that states that the County does not have to convey its property interest in land that it actually owns and to come back at a later date to decide the allowable uses for the property that would be included in the RFP. Commissioner Storter Long stated she realized that none of the liens carried forward upon escheatment to the County and that this stopped the taxing of the property. She stated the Board would have to negotiate what they were willing to take for the back taxes that were due on the property. County Manager Carlisle stated the back taxes were not the issue. He stated the issues that would be negotiated were what the property value and the allowable uses. Raoul Bataller, Hendry Glades Sunday News, asked if the EDC had looked at this property and given any input. He stated a hotel could be a large part of bringing businesses and business partners to Glades County. Commissioner Ahern stated he would like to see the use specified as hotel/motel. He stated he would like to see the property used as it had been before with a restaurant and lounge included. 4

5 Motion carried by 5 0 vote. County Manager Carlisle stated he could bring back a list of uses for the Board s review. He stated the Board could then determine which uses they would like to include in the RFP. He asked if the Board wished to separate the 2 parcels or leave them together. Commissioner Ahern stated he felt the 2 parcels should be separated. ON MOTION of Commissioner Ahern seconded by Commissioner Storter Long the Board separated Parcels 1 & 2 so that each could be dealt with separately. Motion carried by 5 0 vote. County Manager Carlisle stated he would draft a RFP for the Board s review. He stated this would give the Board time to decide what uses they wished to allow. Commissioner Storter Long asked if the Board would have to treat the parcel as a planned development. She stated if the zoning was left at commercial there would be a lot of uses that would be allowed. County Manager Carlisle stated the statute allowed the County to restrict the uses. He stated the uses would be a provision of the sale. Chairman Stanley also suggestions having a time frame included in the RFP. Commissioner Storter Long suggested that each Commissioner meet with County Manager Carlisle regarding the allowable uses. 12. Creating and Adopting Regulations allowing 4H and FFA Animals within Residentially Zoned Property Igna Williams, Community Development Director, stated she was asking for the Board s direction as to whether or not they wished to include regulations in the Land Development Code allowing 4-H and FFA animals to be raised in residentially zoned areas. She stated although currently raising animals in a residential area was inconsistent with the code she understood that this was being done in some areas anyways. She stated this could become an issue as the population continued to grow. She stated if someone made a complaint at this point they would have to go through the codes compliance process. She stated the person would not be able to keep the animal on the property. She stated she had included some suggestions and code examples from some other counties within Florida. She stated these examples did contain some provisions regarding what types of animals would be allowed, the size of the animals, the size of the property, maintenance of the property, and how long the animal could be on the property. She stated if it was the Board s direction she would draft some regulations for review. 5

6 Vice Chairman Pryor stated he was very passionate about this issue. He stated he served on the Glades County Youth Livestock Board as well. He stated the 4-H and FFA animals raised a ¼ million dollars per year for these children. He stated these funds were used to pay for a lot of these children s college education. He stated he would support anything the County could do to make this work. Chairman Stanley agreed. Commissioner Ahern stated the Board was not faced with an issue right now so they would have a little time to consider how to address the changes to the regulations. He stated he served on the Glades County Youth Livestock Board as well and the program raised a lot of money for the youth of Glades County. He stated Tycee Prevatt, Glades County Extension Agent, had done an excellent job with the 4-H program. Commissioner Beck stated most of the money made on these animals went to pay the feed bills that were incurred over the course of the raising the animals. He stated the program did teach the children work ethic and responsibilities. He stated raising and selling the animals was not usually a money making project. He stated he could appreciate the people living in the city wanting quiet enjoyment of their property. He expressed concern with the waste that the animals would produce, the smell, the rodent problems, the noise, etc. He stated one of the suggested regulations was to have the neighbors sign a permission form. He expressed concern with this. He stated he would not support changing the regulations at this time. He stated he had kept animals at his place for children who lived in Moore Haven because the animals were not allowed within the City limits. He stated he would like to have other ideas, such as this, explored prior to changing the regulations. Tycee Prevatt, Glades County Extension Agent, stated the roads that had been brought up with this issue were not within the City limits. She stated these roads were County roads. She stated there were several 4-H ers on the particular road in question. She stated this would become an issue if the regulations were not revised. Commissioner Beck asked how the property in question was zoned. Mrs. Prevatt stated the property was zoned Residential Single-Family. She stated this issue affected a large number of kids and not just one family. Commissioner Storter Long stated she was a big supporter of the 4-H program. She stated she saw both sides of the matter. She stated she believed the County could manage the change to the regulations. She stated she liked what Charlotte County had done with their regulations. She asked if some of these things could be incorporated into our regulations. She stated the interest of those who were not interested in the program needed to be protected as well. 6

7 Commissioner Beck asked what type of pens were going to be put up. He asked if the structures would be permanent or just thrown together. Commissioner Storter Long stated these types of concerns could be addressed in the regulations. Mrs. Prevatt stated the children already had their animals for this year. She stated the steers were usually purchased in July or August and the hogs were purchased in October. She stated the children would have the animals until March. She stated there were approximately 10 families that would be affected if the regulations were not revised. She explained that Code Enforcement had received a complaint on someone having an animal on one of these County roads. She stated at this point there was no stipulation saying a 4-H student could have an animal on that road. She stated Code Enforcement would have to enforce the code. Chairman Stanley stated it would be difficult to please everyone in this situation. Mrs. Prevatt stated she was under the impression that animals were not allowed within the City limits. She stated she was not aware that the zoning on the roads in question did not permit animals. Commissioner Ahern stated he had assumed the same thing for years. He stated there were multiple places in the area in question that the zoning did not allow for the animals but people had always had them anyways. Commissioner Storter Long stated she saw 2 choices: wait for someone to complain about the next one and enforce the code or the Board could set up some new regulations. Commissioner Beck stated the Code Enforcement Officer would have to do his job and enforce the code. County Manager Carlisle stated there were 2 cases at issue. He stated one was a 4-H hog and one was a non 4-H hog. He stated they had been given 30 days to comply. Chairman Stanley stated he would be in favor of making some type of rule that if the neighbors were in agreement with the animal that they be permitted. Commissioner Storter Long stated she was in favor of making new regulations to accommodate the 4-H and FFA animals. County Manager Carlisle stated the Planning and Zoning Board had expressed all of these same concerns and comments at their recent meeting. 7

8 Vice Chairman Pryor stated Chalo Nitka was in March. He suggested allowing the kids to keep their animals and then addressing this issue further. He stated that when the regulations were revised they could be explained to the 4-H and FFA students at their mandatory show meeting. Commissioner Ahern stated property had been offered before so that the kids could keep their animals and remain in compliance. He stated he felt it was too late to do this now. Mrs. Prevatt stated some of these projects were 4-H and some were FFA. She stated there were dairy calves, steers, and hogs involved. Raoul Bataller, Hendry Glades Sunday News, stated the Board should know what the consequences of their code were. He stated if Animal Control got involved they would have some pretty strict rules. County Manager Carlisle stated the Board could have Staff continue to look at drafting some type of regulations to allow for the animals. He stated the property size and types of animals could all be taken into consideration. He stated this matter was not going to be decided tonight. He reminded the Board that they would have to look at the ramifications of all that they did. He stated the Board needed to protect those that wanted animals as well as those who did not. Commissioner Storter Long stated again that she liked the Charlotte County regulations. Vice Chairman Pryor stated he would like to see County Manager Carlisle work on something that would benefit both the citizens and the 4-H and FFA kids. Commissioner Ahern agreed. He stated the property size should definitely be taken into consideration. 13. Use of Funds for Glades Sheriff s Budget Stuart Whiddon, Glades County Sheriff, explained to the Board that he was trying to flush out a forbearance agreement with the investors at GCDC. He stated without the agreement in place the investors were not willing to give the jail money from the reserves so that they could keep operating. He stated without the agreement the investors were going to give the jail 3 months and $700, He stated the investors wanted to negotiate an agreement with the jail. He stated he needed to use the full correctional budget to make a go of this. He stated he had been using these funds since March but he did not want to make this a part of the forbearance agreement without the Board being aware of it. He stated the forbearance agreement would not go past this current fiscal year. Commissioner Ahern stated the original date in the agreement had been through December 31 st. He stated the population had been a lot better than what it was in the 8

9 past; however, there was still no money to pay any interest or principal. He stated he felt the Board needed to be made aware of the situation. He stated to date a little over $460, could have been refunded back to the reserves. Sheriff Whiddon stated the jail would refund approximately $230, He stated the jail managed the population for the County at the facility. He stated they had averaged approximately 30 inmates. He stated everyone in the Glades County jail was a felon. He stated they did not house misdemeanor violators. He stated ankle bracelets were put on these violators and other arrangements were being made for them. He stated the population was worked around to save the County and the Sheriff s Office money. He stated the current population was 44 inmates and he was only budgeted for 50. He stated that almost the entire correction s budget would be used this month. He stated he was trying to come to an agreement with the investors so he could access the reserve money. He asked for direction from the Board. County Manager Carlisle asked what the bed numbers were right now. Sheriff Whiddon stated the numbers were increasing. He stated the numbers varied. He stated ICE was trying to keep around 125 in their facility. He stated there were currently 21 marshal inmates, 44 County inmates, and 128 ICE inmates. He stated he needed guidance on this situation. He stated the investors seemed to be looking to see how involved the County was with this issue. He stated he was in negotiations right now with the Department of Corrections (DOC). He stated DOC had found some money so the jail may end up getting inmates from them. He stated he was also still in negotiations with Hendry County regarding housing some of their medical cases. Commissioner Storter Long stated she felt the Board should give Sheriff Whiddon a chance to make things work at the jail. Major Henson stated this agreement would give the jail the ability to get into the reserves for the next budgetary cycle. He stated based on how the jail manages their operating costs they may not need any of the reserve money. ON MOTION of Commissioner Beck seconded by Commissioner Storter Long the Board approved the use of excess funds for the Sheriff s Office for inmate bed space be made available for use for operation of the Jail facility for the length of the forbearance agreement (and not to exceed the current fiscal year). Commissioner Ahern stated the situation was better now than it had been in the past. He stated he felt the Board needed to be made aware of the current situation. Commissioner Beck asked if Chrome had closed their facility. Sheriff Whiddon stated they had not and were operating at capacity. 9

10 Chairman Stanley stated he did not mind investing some to keep things going at the Jail Facility. Vice Chairman Pryor stated he felt the Jail Facility had come a long way in the last 4 6 months. Sheriff Whiddon agreed. Commissioner Ahern stated the Jail staff was looking at every possible avenue to keep the facility open. Sheriff Whiddon stated 73 people would by laid off and the majority were local residents if the GCDC facility had to close its doors. County Manager Carlisle stated he felt the motion would show the investors that the County was supportive of the efforts being made to keep the facility open. Commissioner Storter Long called for the question. Motion carried by 5 0 vote. CONSTITUTIONAL OFFICERS There was no discussion. COUNTY ATTORNEY There was no discussion. COUNTY MANAGER & DEPARTMENT HEADS County Manager Carlisle stated he had applied for a $50, grant for the Training Center to cover the costs of the installation of the phone systems and the internet. He stated the application had made it through the first round. He stated on November 12 th he would make a presentation before the South West Florida Community Foundation Board. He stated hopefully from there the County would get the funds. He stated he had received a proposal from Century Link in the amount of $21, for the phone systems and internet at the Training Center. He stated the County had received 5 proposals for the Moore Haven Canal project. He stated the proposals were being evaluated and would be brought back to the Board in the near future. He reminded everyone that the new route for Good Wheels would begin on November 21 st. He stated the route would go from Moore Haven to Lakeport and Buckhead Ridge and on to the Walmart and Publix in Okeechobee. He stated CAS Governmental Services had been the first to donate to the Training Center. He stated they had donated $5, He stated this donation was greatly appreciated. He reminded the Board that he would not be in for the rest of the week due to shoulder surgery. PUBLIC INPUT ON NON-AGENDA ITEMS 10

11 Fran Koebert, resident of Muse, expressed concern with the zoning on his property. He stated he had met with County Manager Carlisle on October 23 rd. He stated the rules had changed since the purchase of his property. He stated his property was a little under 10 acres; however, he had been told that since it was platted as 10 acres it would be treated as 10 acres and could be split into 2 5 acre parcels. He stated he was now being told that he had to have exactly 10 acres to split his property into 2 5 acre parcels. He stated he had been told that the intent of the new regulations was to stop uncontrolled growth within the County. He stated the new zoning laws were aimed at the little person with acres or less and had absolutely no effect on large landowners. He stated these changes were having a huge and very expensive impact on a lot of people. He suggested that the new zoning regulations be rescinded back to what they were 20 years ago. Chairman Stanley thanked Mr. Koebert for his input. Linda Koebert, resident of Muse, expressed concern with the zoning on her property. She stated she and her husband had purchased their house and 10 acres 16 years ago with the understanding that the property could be divided. She stated they had purchased the 20 acres adjacent to them the next year with the same understanding. She stated they had recently tried to sell their home and the mobile home on the front parcel and had been told that they are not able to do so. She stated they had been told that the parcel split was illegal. She urged the Board to get this information out to the public. Commissioner Storter Long stated the zoning changes were all done in a public hearing which was publicly advertised. She stated the regulations were signed in September She stated when people purchased property they should have title insurance. She stated the Koebert s could divide their property but the buyer of the smaller parcel would not be able to get another building permit. She stated the right-of-way issue needed to be addressed. Greg Bone, Realtor and resident of Muse, stated he was here representing Billy Joe and Andie Tindall. He stated the Altman s had contacted him in March wanting to sell a 20 acre parcel that was part of a probate. He stated he had contacted Jenny Allen, Building & Zoning regarding the zoning. He stated he had been informed that the property was buildable, one unit per 20 acres, and that there was enough road frontage that the property could be divided into 5 acres tracts. He stated there was a 40 foot easement to the property. He stated the Tindall s purchased the property with intentions of building a home on it; however, when they went to pull their permits for construction they were told that the zoning was illegal and they would be required to have a subdivision plan. He stated he contact his attorney, Steven Ramunni, for assistance with the matter. He stated he understood that County Manager Carlisle and others were working on this issue but it would be another 6 months before a conclusion was reached and the Tindall s could build. He asked that the issue be fast tracked. He stated he had another property on Fernwood Lane with right-of-way issues. He stated that in 2012 a 40 acre parcel had been split into 11

12 2 20 acre tracts. He stated one of the 20 acre tracts had been sold and the owner had placed a mobile home on the site. He stated the other 20 acre tract had also been sold and the owner had built a few barns on it. He stated all of the property was zoned Agricultural Residential. He stated the property in question had a 60 foot easement for ingress/egress. He stated he had met some people on Sunday and showed them this property. He stated the potential buyers had contacted the Building and Zoning Department on Monday and they had been told that the property was not buildable and had been illegally split. He stated the only use would be to put cows on the property. He stated the code that was being cited was established in 2003; however, the County had issued permits for the house to left of this property in 2011 and a permit to the house to right of this property in He asked how the permitting was being allowed for some but not others. Andie Tindall addressed the Board. She stated Mr. Bone had pretty much summed up the situation. She stated when she and her husband had purchased the property they were under the impression that they could build right away. She stated when they tried to pull the permits they were told that they could not build on the 20 acres that they had purchased. She stated Mr. Bone was working with the County to resolve the issue. She stated they had been told yesterday that it may be another 4 6 months before the issue was resolved. She asked the Board to take care of this matter as soon as possible. She stated she and her husband were scared to invest anymore into the property without knowing what the final outcome would be. Billy Joe Tindall asked the Board if they had any idea when this matter would be resolved. Chairman Stanley stated he did not know how long it would take to work these issues out. Commissioner Ahern stated all members of the Board were copied with an regarding this situation and that was the first he had heard of the matter. County Manager Carlisle stated draft language had been prepared. He stated the language would be brought back to the Board fairly quickly. He stated he did not anticipate it taking 4 6 months to address this matter. He stated the easement issue would be easier to address than the splitting of parcels. Commissioner Storter Long commented on the simple subdivision issue. She stated the County s prior Community Director issued the after ascertaining that the owners did have a perpetual easement to a County or State road. She stated Mrs. Williams was not incorrect in not issuing the permits. She stated Mrs. Williams was following exactly what the code stated. She stated the language could be amended to include legal access for emergency vehicles and perpetual right-of-way for ingress/egress. She stated this would solve several of the issues at hand. She stated the process would include amending the language, holding a public hearing, and amending the Ordinance. She stated the Tindall s would then have to submit their subdivision plats for approval. She stated these 12

13 things would take time to amend. She suggested maybe getting another attorney to handle this matter in a timely manner. Vice Chairman Pryor and Commissioner Ahern agreed. County Manager Carlisle stated the current code indicated that the access must be to a County maintained right-of-way. He stated he understood the concept of providing public safety access and to be able to maintain the road for police, fire, etc. He asked the Board if they wanted every road turned over to the County every time someone subdivided property. He suggested having access to a properly maintained road and not a County maintained road. He stated the County did not have the funds to maintain all of these roads. He stated he had asked that the County attorney expedite this process. It was the consensus of the Board to direct County Manager Carlisle and staff to draft the language amending the code and to bring it back to the Board for review. COMMISSIONERS ITEMS AND COMMENTS Commissioner Beck had no comments. Vice Chairman Pryor thanked Sheriff Whiddon and his staff for all of their efforts in keeping the jail facility opened. He thanked Tycee Prevatt for the great job she does with the Extension Office. He thanked the Board for all of their hard work. Commissioner Storter Long stated the Ortona Community Association would hold their Fall Festival on November 7 th at 1:00 p.m. and the Salute to Veteran s Dinner would be held later that evening at 6:00 p.m. She invited everyone to attend. Commissioner Ahern commented on the success of the Education Foundation s fund raiser. Chairman Stanley reminded everyone of the Car Show that would be held on November 14 th at Buckhead Ridge. He stated he sympathized with the citizens who had expressed their concerns tonight and assured them that the Board was here to represent them and address the issues. ADJOURN ON MOTION of Vice Chairman Pryor seconded by Commissioner Beck the Board adjourned the meeting. Motion carried by 5 0 vote. There being no further discussion, Chairman Stanley adjourned the meeting at 7:37 p.m. 13

14 ATTEST: Tim Stanley, Chairman Sandra H. Brown, Clerk of the Circuit Court Approved: November 10, 2015 THESE MINUTES ARE NOT A VERBATIM RECORD. TAPES ARE AVAILABLE FOR ANYONE INTERESTED IN LISTENING TO THE ENTIRE MEETING. 14