AMENDMENTS TO THE AGENDA Chairman Beck added a presentation from Dale Milita under Presentations/Awards.

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1 MINUTES OF THE GLADES COUNTY BOARD OF COUNTY COMMISSIONERS MEETING ON MONDAY, JANUARY 28, 2008 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, January 28, 2008 at 6:00 p.m. with the following Commissioners present: Paul Beck, Chairman Russell Echols, Vice Chairman K.S. Butch Jones Donna Storter Long Bob Giesler Others present: Julie Mann Braddock, Deputy Clerk Wendell Taylor, County Manager Joe Flint, Clerk of Court Richard Pringle, County Attorney Larry Hilton, Community Development Director Stuart Whiddon, Glades Co. Sheriff Raoul Bataller, Hendry Glades Sunday News Sandra Brown, Senior Deputy Clerk Nena Bolan, Glades County Democrat Bob Jones, Public Safety Director Dale Milita, Craig Smith & Associates Susan King, FDOT 79 citizens Chairman Beck called the meeting to order at 6:00 p.m. OPENING PRAYER Commissioner Storter Long gave the invocation. OPENING PLEDGE Commissioner Giesler led the Pledge of Allegiance to the Flag. AMENDMENTS TO THE AGENDA Chairman Beck added a presentation from Dale Milita under Presentations/Awards. ON MOTION of Commissioner Giesler seconded by Commissioner Storter Long the Board amended the agenda to include the previously mentioned item. PRESENTATIONS/AWARDS 1. Community Traffic Safety Team PAGE 1

2 Commissioner Storter Long stated the Community Traffic Safety Team met every month with Angelica Pena as Chairperson. She stated this team was directly involved with resolving and working on problems concerning traffic and traffic safety in Glades County. She stated all of the team members were volunteers. She stated DOT Staff also attended these meetings and named several Staff members who were present. She stated there was a situation in Crescent Acres that Mrs. Pena wished to address. Angelica Pena, Chairperson, Glades County Community Traffic Safety Team, stated the purpose of the group. She stated the members included City, County, State, private agencies and local citizens. She stated the safety of the children walking to school and school bus stops in the Crescent Acres area was of concern. She stated a designated area for walking would give the children more freedom to walk without worrying about traffic. She stated sidewalks were an important part of the County s infrastructure and helped prevent unintentional injuries as the community grew. She quoted some statistics regarding these injuries. She stated there were approximately 80 children in the Crescent Acres area that rode the bus to school. She stated these students were walking to bus stops in a very narrow road without any sidewalks. She stated some parents walked with their children, however they too were forced to walk in the roads. She stated some traffic disregarded the speed limits and bus signals. She stated the CTS Team had organized educational outreaches in the form of a health fair, put up message boards to slow traffic, and coordinated with the Glades County Sheriff s Department to increase the vigilance during the pick-up and drop-off times. She stated the Citizen s Observation Patrol from the Muse Community Association had also been patrolling the area. She stated the need for a designated walking area did remain a priority for these residents. She asked that the Board consider the safety of the children from Crescent Acres as they allocated their funds for projects in Glades County. She stated there were about 12 petitioners present tonight and these petitioners had been talking about ways to make the neighborhood safer. She presented a petition with the names of 87 people requesting sidewalks in the area. She showed a short video of the area during pick-up and drop-off times. Chairman Beck asked if there had been any accidents in the area. Mrs. Pena stated she was not aware of any. A FDOT representative stated the sidewalks would have to be 5 feet wide. Commissioner Storter Long asked if some shoulder paving could be done in this area. Susan King, FDOT, stated several transportation enhancement projects were being done throughout the County. She stated she did not believe there was enough right-ofway to construct sidewalks on both sides of the road and still maintain the drainage ditches in the Crescent Acres area. She stated she did not feel that paving the shoulders would do anything but add additional footage to the road, the children would still be in the road. She stated FDOT could look at the possibility of placing sidewalks or paved shoulders along the road. She stated a 4 feet wide paved shoulder would cost approximately $100, per mile. She suggested the Board submit the request as a highway priority in the Work Program. She stated FDOT s funding was very limited right PAGE 2

3 now. She stated she would work with Avant Brown, Road Superintendent, to make an assessment of the area. 2. South Florida Water Management District Update Benita Whalen, SFWMD Deputy Department Director - Environmental Resource Regulation - West Palm Beach, introduced Gary Ritter, Interim Service Center Director. She stated there were numerous District Managers and staff in the audience to answer any questions the Board may have. She introduced George Horne to give an update on the temporary pumps and the structure stability issues. George Horne, Deputy Executive Director of Operations and Maintenance, stated the drought had caused a lot of issues. He discussed the structural stability north of the Lake and the water delivery issues at G-207, G208, S-71 & S-72. He stated part of the Indian Water Pact stated that SFWMD had to provide water to the Tribe. He stated these structures would no longer pump water when Lake elevations reached 10 feet. He stated a downstream weir would be built downstream from S-72. He stated there would be 2 phases of this project. He stated the structures north of the Lake were trying to hold water up with the Lake being so dry and had created a stability issue. He stated there was no longer a tail water head, which meant the water upstream placed too much head on the structure. He explained how the weir would work. He stated these downstream weirs would be installed at S-84, S-71, S-72 and 65E. He stated this would make problems for boat traffic while under construction, however, it would protect the structure. He stated these projects would cost approximately $25 Million and would hopefully be complete by August. There was a brief discussion between the Board and Mr. Horne regarding these projects. The Board asked why Harney Pond Canal could not be dug out to help with the water delivery issues. Mr. Horne explained that this would not be cost effective. Agnes Ramsey, SFWMD, came forward to speak about the C-43 Water Quality Component. She handed out a handout from the Staff Kick-off meeting that had been held today with the Consultant for this project. She stated the land and aerial surveys of the property had been completed. She stated the preliminary investigations into the threatened and endangered species, as well as, cultural resources had been completed. She stated SFWMD was now investigating the types of science that would be applicable for removing total Nitrogen and specifically organic Nitrogen. She stated a Consultant had been hired to do this work. She stated there had been meetings with the Barron Water Control District and the Port LaBelle Development Board. She stated there were wetlands on the parcel. She referred to the handout and reviewed the footprint of the parcel. She covered some conceptual plans for the property. She stated 80% of the total Nitrogen, which was the limiting nutrient in this watershed, was organic Nitrogen. She noted that organic Nitrogen was much harder to treat and that this was why the research had to be done. She explained who would be doing the research. Commissioner Storter Long asked how the Nitrogen would be disposed. Mrs. Ramsey PAGE 3

4 stated it would be taken up by the plants. Chairman Beck commented on the numerous septic tanks in the area around the Lake and asked if it would be beneficial for SFWMD to promote sewer systems and put in some deep well injection sites. Mrs. Ramsey stated these seemed to be proposals that the District would support. She stated some of these ideas would be covered in the plans for the Northern Everglades Restoration or River Protection Plans. Mrs. Whalen stated regarding the Pearce Canal, Representative Grimsley had sent regrets for not being able to attend the meeting tonight. She stated Mrs. Grimsley had sponsored a Community Budget Issue Request on behalf of Glades County for the conceptual design and permitting feasibility of canal improvements or maintenance at the Pearce Canal. She stated she had a brief discussion with Vice Chairman Echols and County Manager Taylor regarding the continuance of the in-lake scraping efforts that were initiated last year and not yet completed in the Horse Island and Harney Pond areas and the possibility of adding Warm Cove to the list. She stated these discussions would continue. Chairman Beck asked when this work would be complete enough to allow a little water into the Lake. Mrs. Whalen stated rainfall would have to occur in order for water to be release. She stated a lot of the Upper Chain of Lakes were in the same situation. Chairman Beck commented on a possible bird habitat and the burning of parts of the Lake. Mrs. Whalen stated she would get a list of areas that the Fish and Wildlife Conservation Commission or the Water Management District were planning to burn. Commissioner Storter Long asked how much land the District had burnt in the past. One of SFWMD s representative in the audience stated he believed approximately 20,000 acres had been burnt last year. Mrs. Whalen stated she had thoroughly enjoyed working with the local communities in this area. The Board expressed their appreciation. 3. Health Planning Council of SW Florida Shannon Hall handed out some pamphlets. She gave an update on what the Council was working on. She stated the Early Steps Play Groups and Intervention Programs had started on at zero for Glades County. She stated there were now approximately 13 kids identified and being served. She stated the Council also provided HIV services, care and prescription medications which took a huge monetary load off of the County. She stated the incidents of HIV in the County were going down, however the incidence for people 55 and up were rising. 4a. Dale Milita - Legislative Update (This item was added by amendment to the agenda) Commissioner Giesler commented on the letter Attorney Pringle had sent to Mr. Berry regarding the release of PILOT funds. He stated Mr. Milita would be in Tallahassee all next week and asked if the Board wanted him and Mr. Milita to go and discuss the issue PAGE 4

5 with Mr. Berry. It was the consensus of the Board for Commissioner Giesler to go to Tallahassee and negotiate with Mr. Berry. Attorney Pringle stated Mr. Berry had responded to his letter. He stated the correspondence stated that what had been outlined in the his letter was not sufficient for the State to agree to pay PILOT proceeds. He stated the letter indicated that there were no proceeds available for any years earlier than last year and in order to acquire the proceeds from last year, the County would have to go further in their acknowledgment that they never had any right to make any claim and agreeing that compensation would not be pursued in the future. He stated Mr. Berry s office and staff appeared to have no intention of helping Glades County. Commissioner Storter Long stated the County had been told that the allowance for payment in lieu of taxes would be included in the per diem rate for the prisoners. She asked about obtaining public records from the State regarding this lease agreement. Attorney Pringle stated the contract would be a public record document and could be obtained by request. Dale Milita, Craig Smith & Associates Governmental Services, stated the Board should begin preparing for the Legislative Sessions and Committee Week. He stated the County had submitted several CBIR s which had been acknowledged in Tallahassee. He stated this would be a tough year because it was looking as if the Legislation was going to cut another $2 Billion from the State s budget. He expressed concern for the funding of certain requests this year. PUBLIC HEARINGS There were no public hearings. CONSENT AGENDA ITEMS 4. A. Approve County warrants. (See Exhibit A) General Fund: Intergovernmental Radio: Buckhead Ridge Utility: 116 SHIP : Hurricane Housing Recovery: B. Approve minutes of the April 30, 2007 Special Meeting. C. Approve minutes of the February 20, 2007 Special Meeting. D. Approve minutes of the December 11, 2007 Regular Meeting. E. Approve minutes of the January 8, 2008 Regular Meeting. F. Accept 1980 Chevrolet AM (ID #C17DEAV147055) and 1988 Ford Truck (ID #1FDPC70KXEVA01744) for insurance and property records. G. Review and approve Surety Bond amounts for Constitutional Officers as follows: PAGE 5

6 CLERK OF COURT $25,000 COUNTY COMMISSIONER 2,000 PROPERTY APPRAISER 5,000 SUPERVISOR OF ELECTIONS 5,000 SHERIFF 10,000 TAX COLLECTOR 25,000 H. Approve Records Disposition Document #36. (See Exhibit B) ON MOTION of Commissioner Jones seconded by Commissioner Storter Long the Board approved the consent agenda items. PUBLIC INPUT ON AGENDA ITEMS There was no public input. BUSINESS AGENDA 5. Discuss deeding Cemetery lot to Sarah Reese Sandra Brown, Senior Deputy Clerk, stated Sarah Reese had purchased 8 cemetery lots in In the 1980 s someone else had mistakenly been buried in one of her lots. She stated the family was asking that the County deed them another lot as replacement for the one used by mistake. She stated that Doug Manke, Assistant Road Superintendent, will locate a lot near the ones owned by Mrs. Reese. ON MOTION of Commissioner Giesler seconded by Commissioner Storter Long the Board agreed to deed a cemetery lot to Sarah Reese to replace the one that was used in error. 6. Request to approve $30, of SHIP funding for Applicant #2006-OCT-827 Erica Villafuerte, SHIP Coordinator, stated the next few request were already under construction, she was simply moving money from different grant sources so that a wider variety of clients could be helped. ON MOTION of Vice Chairman Echols seconded by Commissioner Storter Long the Board approved a request for $30, of SHIP funding for Applicant #2006-OCT Request to approve $30, of SHIP funding for Applicant #2006-OCT-813 ON MOTION of Commissioner Storter Long seconded by Vice Chairman Echols the Board approved a request for $30, of SHIP funding for Applicant #2006-OCT- PAGE 6

7 813. Motion carried by 5-0 vote 8. Request to approve $30, of SHIP funding for Applicant #2006-MAR-677 ON MOTION of Commissioner Jones seconded by Commissioner Storter Long the Board approved a request for $30, of SHIP funding for Applicant #2006-MAR Motion carried by 5-0 vote 9. Request to approve $30, of SHIP funding for Applicant #2006-OCT-825 ON MOTION of Commissioner Jones seconded by Commissioner Storter Long the Board approved a request for $30, of SHIP funding for Applicant #2006-OCT Motion carried by 5-0 vote 10. Request to approve $30, of SHIP funding for Applicant #2006-OCT-824 ON MOTION of Commissioner Storter Long seconded by Vice Chairman Echols the Board approved a request for $30, of SHIP funding for Applicant #2006-OCT Motion carried by 5-0 vote County Manager Taylor asked the Board if they would like to include future SHIP request in the consent agenda. It was the consensus of the Board that any future SHIP request be included in the consent agenda unless there were special circumstances that needed to be presented to the Board. 11. Nomination: Glades County Extension Agent County Manager Taylor stated he had interviewed 2 people for the position. He recommended that the Board hire Courtney Davis effective February 29, ON MOTION of Commissioner Jones seconded by Commissioner Giesler the Board approved the appointment of Courtney B. Davis as the Glades County Agricultural Extension Agent effective February 29, Request: Moore Haven wants adjust Tipping Fees PAGE 7

8 County Manager Taylor stated the City of Moore Haven s Mayor had sent a letter requesting that the City pay 3% more than what the County s fee was for Waste Management to do the hauling. He stated the total would be $28.65 for the City. Commissioner Giesler asked if this would be enough to take care of the County s administrative fees. County Manager Taylor stated he felt it would be enough, the City only brought in one truck per day. Commissioner Storter Long stated the City was the County s largest customer. She stated the fee being charged was $43.00/ton and now they were requesting $28.65/ton since the County had increased the fee to $50.00/ton. She questioned jeopardizing the other haulers by showing discrimination to a municipal customer. Commissioner Jones defended the City stating that they had already prepared their budget for the year and the County had raised their rates after the fact. He stated the County was tight on money, but the City was tighter. He expressed concern with having to raise the rates again if the County lost its largest customer. Vice Chairman Echols stated the County was joined in many aspects with the City of Moore Haven. He explained the problems had with income. He stated this was one avenue that the County could step up and help. Commissioner Storter Long asked what the City s current rate was for their customers. Mike Jones, Public Works Director for the City of Moore Haven, stated the City currently charged $21.00/month for two pickups a week, or $63.00/quarter. He stated the City s budget was created of very small sums that created their general revenue, of which this service was one. He explained that the City provided all of the maintenance for the ball fields and the Chalo Nitka grounds. He stated he did not want to raise the rates to their customers anymore just to be able to make ends meet. He stated the City existed to provide services, not to make a profit. Commissioner Storter Long questioned reducing the service to once a week pickup. Mr. Jones stated he would rather cut services elsewhere than in their waste hauling department. She stated she voted against the County s rate increase to $50.00/ton. She stated Waste Management supplied the equipment and employees and did not see why the County was trying a profit off of the service anyway. He stated the City and County would have to continue to combine their resources with the changes in the economy. Commissioner Jones stated he believed the City s request was reasonable. ON MOTION of Commissioner Giesler seconded by Commissioner Jones the Board approved the City s request to pay 3% over the County s hauling rate for City collected solid waste ($28.65) until the new fiscal year. 13. Courthouse Repair/Renovation Update County Manager Taylor explained that the contract for Courthouse repairs explained in PAGE 8

9 detail what work would be done in Phase II. He stated it further gave the qualifications and a total of $996, maximum to do the work. He stated he also included a detailed line by line cost schedule and a schedule detailing when the work would be completed. He stated most of the work would be completed by the first of July. Commissioner Storter Long questioned what had been completed in Phase I. County Manager Taylor stated a new roof had been put on the jail and the annex of the Courthouse. He stated lightning protection had also been installed. 14. Request for Qualifications (Proposals): Jail Renovation - Construction Manager County Manager Taylor stated this was the request to go out for proposals on the jail renovations. He stated there was one correction in paragraph 3 of the request. He asked that it be modified to meet legal requirements. Commissioner Storter Long questioned Wright Construction being previously appointed as the County s Construction Manager. County Manager Taylor explained that this was a different project and that Wright Construction may be the Construction Manager if they came in best qualified. Commissioner Storter Long questioned CRA s (Clemons Rutherford & Associates) title and position. County Manager Taylor stated they were the Architects for the project. ON MOTION of Vice Chairman Echols seconded by Commissioner Jones the Board approved the Request for Qualifications/Proposals with noted modification for the renovation of the jail facility. 15. Remodeling of old Sheriff s Office for Community Development Larry Hilton, Community Development Director, stated when the Sheriff had moved out of his old office next to the Courthouse, the Community Development Department had intended to remodel the office for their use. He stated the Community Development Department had overseen the demolition of the interior so that plans could be made. He stated the economy has slowed and the Community Development Department s income has significantly decreased. He stated this income was now not sufficient to fund this remodeling out of the Building Department s funds as was originally planned. He requested that the Board reconsider and take these funds out of the one cent money. He stated Mrs. Choban had provided a break down of the funds available in the one cent money account. He stated the plans would be completed and RFP s would be sent out to select the Construction company. He stated a Construction Manager would not be needed. Commissioner Storter Long asked if would be possible to get an RFP so that the cost could be determined and may be part of the funds could come from the Building Department and the other part from the one cent funds. Mr. Hilton stated there was not enough money in the Building Department funds to complete this project. PAGE 9

10 ON MOTION of Commissioner Storter Long seconded by Vice Chairman Echols the Board approved the request for RFP for the remodeling of the old Sheriff s Office for future Community Development Department and the money to be taken from the one cent money. 16. Department of Community Affairs - Grant Mr. Hilton stated the Department of Community Affairs had money available for a grant that could be used to modify the County s Comp Plan. He stated he had negotiated the Scope of Work and they had finally agreed on the plan enclosed in the Commissioner s packet. He requested that the Board accept the Scope of Work and authorized the Chairman to sign a contract with DCA for the grant. ON MOTION of Commissioner Giesler seconded by Vice Chairman Echols the Board accepted the Scope of Work for the DCA Grant and authorized the Chairman to sign a contract with DCA for the grant. (See Exhibit C) 17. Request for Qualification: Closure of Cell #1 of County Landfill County Manager Taylor stated Cell #1 was completed. He requested that a RFQ be issued for construction management services for closure of the cell. ON MOTION of Vice Chairman Echols seconded by Commissioner Jones the Board approved the Request for Qualification/Proposal for construction management services to close Cell #1 of the Glades County Landfill. 18. Consider: BOCC Retreat to focus on long-term planning County Manager Taylor asked the Board to consider a possible retreat with all, or certain, Constitutional Officers and other specially invited persons to focus on the County s future in May or June. He stated the retreat would be held somewhere within driving distance of Moore Haven. He stated if the Board wished to hold a retreat he would gather more information and present it to the Board for approval. Vice Chairman Echols stated he had brought this idea to County Manager Taylor. He stated the County had stable leadership and management now and could concentrate on planning for the future. He stated he believed this was a crucial step that the County needed to take. Chairman Beck agreed. Commissioner Giesler stated he felt it was an excellent idea. PAGE 10

11 Commissioner Jones agreed and stated the Board should consider using the Lutheran Conference Center in Lake Placid as a location. Commissioner Storter Long stated she believed this was an excellent idea and agreed that the County Manager should go ahead and plan the event. Raoul Bataller, Hendry Glades Sunday News, questioned leaving Glades County for a public meeting. Attorney Pringle stated he did not know the answer to this concern, however, he would research it and bring his findings back to the Board. He stated the Board would have to comply with the Sunshine Law and put the public and community on notice of the meeting. He stated if the retreat was held as a workshop, decisions would not be able to made. He stated the Board would have to make sure a record of the proceedings could be generated. He stated the location would have to be somewhere where the public could participate. It was the consensus of the Board to have County Manager Taylor research the idea of holding a retreat and bring the information back to the Board for direction. CONSTITUTIONAL OFFICERS There was no discussion. COUNTY ATTORNEY Attorney Pringle stated the RV Park Litigation had been discussed at the previous meeting. He stated the Board had agreed that the settlement agreement did not need to be discussed in an Executive Session setting, therefore he had been prepared to have the item discussed tonight as part of the agenda. However, at a late date last week some discrepancies had been found within the agreement. He contributed this find to Commissioner Storter Long. He stated the EMS MSBU that been adopted had been changed. The agreement stated it had been changed to an EMS MSTU in He stated payment of the EMS program had been enfolded into the General Fund budget and a Law Enforcement MSTU had been created. He stated the Tax Collector had used the Law Enforcement MSTU payment schedule as the basis for the settlement agreement to figure what the parties may owe to each other. He stated he spoke late Friday with the attorney for the RV Park owners and with Harry Childs about this matter and they agreed that some simple language changes be made to correct this error. He stated because of this late modification the agreement would be before the Board at the next day meeting for approval. He again thanked Commissioner Storter Long for her understanding and review of the agreement. Attorney Pringle stated an Executive Session would be held tonight to discuss the other law suit. He stated the Session had been advertised and he had complied with F.S (8) with regard to the holding of the Executive Session. He stated the Court Reporter was also present. He reminded the Board that they could not take official action during the session. He stated if the Board wished to go out of the Executive Session and go back into Regular Session they could do so and take action then. PAGE 11

12 Commissioner Storter Long asked for a copy of the response from Mr. Berry. COUNTY MANAGER AND DEPARTMENT HEADS County Manager Taylor announced that the County Surplus Property Sale would be on March 15, 2008 at 9:00 a.m. at the Road Department. He stated there would be a lot of kitchen equipment there from the old jail facility. He commented on the status of the Chamber of Commerce. He stated a number of things were being looked at for legalities. He stated the doors remained locked and would until the Chamber was reorganized. County Manager Taylor stated he had changed all of the locks at the Doyle Conner Building because of the nature of documents kept in the Social Services Office. He asked if the Board had any kind of proof of insurance on the building. He stated the County did not host the events or get paid for them, however the liability of the building was theirs. He asked if a contract was needed. Commissioner Storter Long stated the Board had asked for a contract back in Bob Jones, Public Safety Director, stated John Biggs had started Fire School today. He stated there had been some problems with one of the rescue trucks at the Muse Department. He stated the truck motor had blown up. He stated the Department had enough money within the current budget to move some funds into the equipment line item and purchase a brand new cab and chassis for $29, He stated there was already an aluminum skid unit that could be put on the truck. The Board expressed concern with the budget. Mr. Jones assured the Board that there were plenty of funds. ON MOTION of Commissioner Storter seconded by Commissioner Giesler the Board approved the purchase of a new cab and chassis for the Muse Fire Department in the amount of $29, to be taken from the Fire Department Equipment budget. Mr. Jones stated he had been informed recently that the Indian Hills Volunteer Fire Department would no longer be participating in the Fire Program. He stated there had only been two guys out there for years. He stated the Fire Department would pick the area up with mutual aide and Moore Haven s Department, if necessary. He asked that the equipment be transferred to the location where needed if no one was interested in taking over the Department. PUBLIC INPUT ON NON-AGENDA ITEMS Jo Randolph, Lakeport residence, invited everyone to attend the Sour Orange Festival in Lakeport on Saturday, February 9, 2008 from 10:00 a.m. to 3:00 p.m. She stated a quilt show would be added this year along with a photography display. She stated she was still looking for a few more vendors and some people to help with parking. She PAGE 12

13 stated this festival helped the youth of Lakeport and as of this evening there 27 children involved in the after school program. She encouraged everyone to attend and enjoy the day with them. Jerry Patent, resident of Buckhead Ridge, stated she worked at Preferred Properties in Okeechobee. She asked what had been done about the Pearce Canal. Commissioner Giesler stated the Board had done all it could do. He stated they had talked to all of the Senators, Legislators, Congressmen, etc. He explained that nothing was going to happen overnight. He stated Representative Grimsley had put in a CBIR for consideration to the State. Mrs. Randolph pointed out that there were numerous properties for sale in Buckhead Ridge that were going no where. She stated the property values were seriously declining due to the level of the Lake. Chairman Beck explained that South Florida Water Management had done an extensive review of this canal. He read a letter from the Army Corps of Engineers addressing the issue. Maureen Bradley, resident of Buckhead Ridge, commented on the Pearce Canal situation. COMMISSIONERS ITEMS AND COMMENTS Commissioner Storter Long stated she had spoke with Susan King, FDOT, regarding the ruts in the road on Hwy 27 in front of the Courthouse. She stated Mrs. King had stated she would follow up on the issue. She stated she had also asked for help with the traffic study to be done on Birchwood Parkway. She commented on the Doyle Conner Building and stated indemnification was needed from who ever used the facility. She commented on the conditions of the transfer station at the Landfill. She commented on the impact fees. She stated she did not feel that a moratorium would solve all of the problems, but should be looked at. She urged the Board to go ahead and get the study done so that this issue could be resolved in May or June. She asked Attorney Pringle if a study would be needed to implement a moratorium. Attorney Pringle stated he did not feel that a study would be needed to implement a moratorium. Vice Chairman Echols expressed concern with implementing a moratorium or changing them in any way. He stated the County had to have the impact fees to be in compliance with the Department of Community Affairs. Chairman Beck stated some of the School Board members had stated they had all of the bricks and mortar money that they needed. He stated they had informed him that they could not use the impact fees for anything but building. He stated some of them had suggested reducing the school impact fees to stimulate the economy. Commissioner Giesler suggested that this item be placed on the next day meeting PAGE 13

14 agenda. Attorney Pringle explained how the Board would proceed with the Executive Session. Chairman Beck called for a 5 minute recess at 8:34 p.m. Chairman Beck called the meeting back to order at 8:40 p.m. Attorney Pringle stated the last item on the agenda this evening was an Executive Session that was being held pursuant to F.S (8) with regard to pending litigation and settlement negotiation. He stated he had made it known at the last meeting that he was seeking advice from the Board concerning the pending litigation related to the Florida Power & Light litigation and a case filed in Leon County. He stated he had requested permission to have an Executive Session at that meeting. Attorney Pringle stated he had requested advice from the Board regarding Leon County Case No. 2007CA and Glades County Case No CA. He stated a Court Reporter was present and the Executive Session had been properly noticed. He stated the Session would be limited as to who could attend. He stated Commissioner Jones, Vice Chairman Echols, Chairman Beck, Commissioner Giesler and Commissioner Storter Long were all present. He stated County Manager Taylor, John Martina, Court Reporter and himself would be present. He asked that Chairman Beck recess the Public meeting and reconvene in the Executive Session. Chairman Beck recessed the Public meeting at 8:45 p.m. EXECUTIVE SESSION The Board held an Executive Session. REGULAR PUBLIC MEETING - CONTINUED Attorney Pringle stated the Executive Session ended at 9:42 p.m. Chairman Beck called the public meeting back to order. Attorney Pringle stated the transcription of the proceedings would become a part of public record after the lawsuit was resolved. ON MOTION of Vice Chairman Echols seconded Commissioner Giesler the Board moved to proceed with the Settlement Agreement and authorized Attorney Pringle to execute the same. (Kilcoyne vs. Glades County) ADJOURNMENT ON MOTION of Vice Chairman Echols seconded by Commissioner Storter Long the Board moved to adjourn the meeting. PAGE 14

15 There being no further discussion, Chairman Beck adjourned the meeting at 9:50 p.m. ATTEST: Paul Beck, Chairman Joe Flint, Clerk of the Circuit Court Approved: February 12, 2008 THESE MINUTES ARE NOT A VERBATIM RECORD. TAPES ARE AVAILABLE FOR ANYONE INTERESTED IN LISTENING TO THE ENTIRE MEETING. PAGE 15

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