The Glades County Board of County Commissioners met on Tuesday, April 9, 2013 at 9:00 a.m. with the following Commissioners present:

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1 MINUTES OF THE GLADES COUNTY BOARD OF COUNTY COMMISSIONERS MEETING ON TUESDAY, APRIL 9, 2013 AT 9:00 A.M. IN THE COUNTY COMMISSIONERS MEETING ROOM, GLADES COUNTY COURTHOUSE, MOORE HAVEN, FLORIDA The Glades County Board of County Commissioners met on Tuesday, April 9, 2013 at 9:00 a.m. with the following Commissioners present: Russell Echols, Chairman Donna Storter Long, Vice Chairman Paul Beck Tim Stanley Dennis Griffin Others present: Julie Mann Braddock, Administrative Secretary Richard Pringle, County Attorney Nancy Dean, Finance Director Larry Hilton, Interim County Manager/Community Development Director Bob Jones, Public Safety Director Avant Brown, County Road Superintendent Stuart Whiddon, Glades County Sheriff Gary Ritter, South Florida Water Management District David Whidden, AIM Engineering Matthew Howard, Johnson Engineering Jim Hull, AIM Engineering Tracy Whirls, Executive Director EDC Ellen Beers, Planning Commission Charlie Murphy, Okeechobee Radio 26 citizens Chairman Echols called the meeting to order at 9:00 a.m. PRAYER Commissioner Griffin gave the invocation. PLEDGE Commissioner Stanley led the Pledge of Allegiance. AGENDA AMENDMENTS There were none. PRESENTATIONS / AWARDS There were none.

2 PUBLIC INPUT ON AGENDA ITEMS Larry Taylor, resident of Palmdale, stated he owned the store in Palmdale and wished to make some improvements to the building. He stated he had tried to work with Planning and Zoning for years. He stated he had been told that he would have to have a zoning change. He stated the zoning change would infringe on the property s setbacks. He stated the property was a non-conforming property. He stated this was a commercial structure located on residential property. He stated this store had been located on this property since He stated the building had served as a store and a post office over the years. He stated when the County began the zoning process years ago all of the property along Highway 27 had been zoned residential even though the maps showed commercial. He stated he had paid commercial based taxes since he acquired the property. He stated he was humbled at the show of support from the Palmdale residents. He stated he was willing and prepared to spend money to open the Palmdale Store. He stated he had petitioned for and been granted numerous permits. He commented on the numerous different things he had been told and directed to do by the Planning and Zoning Department. He handed out a drawing of what he had planned for the store improvements (Exhibit A). He stated he was only trying to make the store presentable and open the doors. He stated he had 1 foot plus 2 inches between the proposed porch and the County set back. He stated the kitchen in the store was so small, as it currently existed, that there was no room for a refrigerator. He stated he would like to get an exception from the Board to complete the improvements as shown on the drawing. Linda Skrine, resident of Palmdale, stated the residents of Palmdale lived 16 miles from the nearest town. She stated there were a lot of senior citizens and low income people in Palmdale and that it was a hardship not having a store. She commented on the job opportunities that the opening of the store would create. She stated she believed the store would create a nice place for the teenagers to hang out also. Claudie McPherson, resident of Moore Haven, expressed concern with the mowing of the courthouse lawn being bid out to a third party and the jobs that would be lost within the County. Chairman Echols stated the Board had asked for bids and a decision would be made later on this issue. Dennis Howard, resident of Palmdale, agreed with Linda Skrine s comments regarding the benefits that the store could offer the local residents. Jean Martinez, resident of Palmdale, agreed with the previously made comments and stated a store was needed in Palmdale. She stated there were a lot of senior citizens living in Palmdale and they had to drive quite a few miles to get to a grocery store. 2

3 Ruth Stambaugh, resident of Palmdale, agreed with the previously made comments. She stated it would be nice to have a store in town. Larry Stambaugh, resident of Palmdale, agreed with the previously made comments. Terry Maroney, resident of Palmdale, stated the store would be an asset to Glades County and not just to Palmdale. He stated a lot of people drove through Glades County and never stopped. He stated the county needed every chance to get someone to stop. He stated the store would be beneficial for Glades County. PUBLIC HEARINGS 1. Enterprise Zone Utility Tax Ordinance (Tracy Whirls) Tracy Whirls, Enterprise Zone Coordinator, stated there was a proposed Ordinance in the packet which would allow fixed location businesses within the County to take advantage of an Enterprise Zone sales tax exemption of the state utility tax paid on electricity. She stated this exemption would only be available to new or expanding businesses and would be in effect for 5 years. ON MOTION of Commissioner Beck seconded by Commissioner Griffin the Board adopted Ordinance No , exempting fixed location businesses within Glades County Enterprise Zone from current and future municipal utility taxes. Chairman Echols called for public input. There was none. Attorney Pringle clarified that this exemption would be for 5 years. hearing had been advertised properly and the Board could proceed. He stated the Motion carried by 5 0 vote. CONSENT AGENDA 2. A. Approved County Warrants. (See Exhibit B) General Fund: Intergovernmental Radio: EMS Award Grant: 1912 B. Approved minutes of the March 25, 2013 Regular Meeting. C. Approved Records Disposition Community Development. (See Exhibit C) D. Acknowledged receipt of bonds for Tim Stanley, Paul Beck, Dennis Griffin, Stuart Whiddon, Holly Whiddon, Lorie Ward, Gail Jones and Sandra Brown. ON MOTION of Commissioner Beck seconded by Commissioner Stanley the Board approved the Consent Agenda items. 3

4 Motion carried by 5 0 vote. BUSINESS AGENDA 3. Appoint Planning Commission Member (Larry Hilton) Larry Hilton, acting County Manager, requested that the Board appoint a Planning Commission Member to replace Charlie Morningstar. Chairman Echols nominated Carl Perry. Vice Chairman Storter Long nominated Alan Register. Attorney Pringle explained the process for receiving nominations and taking a vote on them. Chairman Echols stated there were 2 nominees: Alan Register and Carl Perry. Chairman Echols called for the vote on Alan Register. Vice Chairman Storter Long voted for Alan Register. Chairman Echols called for the vote on Carl Perry. Commissioner Stanley, Chairman Echols, Commissioner Griffin and Commissioner Beck voted for Carl Perry. ON MOTION of Vice Chairman Storter Long seconded by Commissioner Beck the Board appoint Carl Perry to the Glades County Planning Commission. Motion carried by 5 0 vote. 4. Commissioner Griffin Action Items (Commissioner Griffin) Commissioner Griffin expressed his concern with the vote taken by this Board to go out for bid on the mowing of the courthouse yard. He stated the request for bids still had not been advertised for this job. He stated he was disappointed with the actions that had been taken to get bids on the mowing of all County property. He stated the insurance requirements should have remained the same and the only thing that should have been changed on the contract was the application of fertilizer, pesticide, and herbicide. Commissioner Beck asked what the problem had been with advertising the request. Larry Hilton, acting County Manager, stated the request for bids had gone to the newspaper for publication but had not run as requested. He stated the advertisement 4

5 had been published Sunday before last. He stated this request for bids was for the mowing of all County property. He stated the courthouse yard was included. Vice Chairman Storter Long stated the request was published on March 31 st and it had the bidder qualifications, roads, properties, and contract mowing for right-of-way; however, the courthouse yard was not included. She stated the pictures of the properties did not include the courthouse. She stated private property and city property had also been included. She stated the only property the Board had authorized for the request for bids was the courthouse yard. She stated the advertisement indicated that bids would be received on May 6 th but the bidder qualifications indicated that Glades County intended to contract by May 1 st. She stated Glades County was managed by a County Manager who was under a 5 member Commission. She stated she did not believe the Board s intent was carried out. She stated she would like to see the request for bids advertised for the courthouse yard as directed by the Board. Commissioner Griffin stated he felt the Board needed to be more definite in their direction. He stated the Board had voted 4-1 to go out for bids on the courthouse yard. He stated the job would be under $50, therefore the liability would remain the same. Commissioner Stanley agreed. He stated he believed staff could get some quotes from different agencies and not have to advertise for bids on the mowing of all County properties. Commissioner Beck stated it was his understanding that the request for bids would be advertised for the courthouse yard without the application of herbicides and pesticides. He stated he had spoken with Mr. Hilton about getting prices on the rest of the mowing within the County so that he would have some figures during the budget hearings. He stated the County had dipped into reserves last year and this was not a good practice in budgeting. He stated he had not seen the advertisement and felt that it should have been included in the packet. Chairman Echols suggested getting a definite, stand alone bid on the mowing of the courthouse yard. He stated he still felt that the Board should look at the numbers for what it was costing the County to mow in-house and what it would cost to contract with an outside source for budgetary purposes. He stated he felt the County Manager had the authority to seek out these kinds of costs at all times. He stated he did not believe the County Manager needed direction from the Board to do this. He stated he had not tried to circumvent the bidding of the courthouse yard. Vice Chairman Storter Long stated the advertised contract listed 29 areas throughout the County and did not list the courthouse yard. She expressed concern that the County Attorney had not reviewed this contract. She stated the staff needed to do exactly what the February 25 th Board motion had directed. She stated the mowing of all 5

6 County properties would be over the County Manager s $25, spending limit. She stated this item should have come before the Board for approval. She stated she did not believe the contract was workable the way it was currently written. She stated the contract indicated that the County Manager or his designee would be the project manager; that he would have to give notice to proceed prior to the mowing of any road; he could not move to the next road without getting an inspection; and he could not leave equipment parked on County property. She stated these were issues that weren t dealt with now with the Road Department doing the work. She suggested this request for bids be withdrawn and quotes obtained. She stated she was not comfortable with this bid package. Chairman Echols stated the County needed to determine a cost per acre for mowing. He stated staff could then look at State contracts and maybe 2 or 3 different agencies so that they would have a comparison. Vice Chairman Storter Long stated she did not understand why this bid was put out if the price comparison could have been obtained by a different method. She stated the bid request was over the spending limit for County staff, had not included the County Attorney, and indicated that the County was going to do something that this Board had not voiced an intention to do. Chairman Echols stated this item was at the discretion of Mr. Hilton. Vice Chairman Storter Long stated the bid packet was misleading. It indicated that the Board intended to do something other than just get price comparisons. Attorney Pringle stated County staff did have some authority to seek information. He stated the County Manager did have the discretion within certain parameters to seek or request information. He stated the County Commission had the ability to make the final decision on jobs that were above the spending limit of County staff. He stated seeking information was a task that the County Manager had the authority to do. He stated if the form that the County Manager used to seek the information was not the form that a majority of the Board would like the County Manager to use then the Board could give the County Manager additional direction at this time and move forward. Chairman Echols clarified that the request for bid for the mowing of the courthouse yard would be a stand-alone request. He stated this bid would not include the spraying of the yard. He stated the Board also directed staff to obtain a cost per acre that the County was currently paying for mowing and to look at State contracts for a cost comparison. Commissioner Griffin stated the request for bids that was currently being advertised should have never been put out. He stated the information could have been obtained from other agencies. 6

7 Commissioner Stanley agreed. He stated he had worked with state agencies his whole career and they never solicited bids unless they were going to award them. He stated budgetary quotes could be obtained in a different manner. He stated the Board was telling the public that they would get the job if they were the low bidder; however, they had no intentions of awarding the bid. He stated this was totally unacceptable. Vice Chairman Storter Long stated she did not feel that the County Manager should solicit any bids on jobs that he anticipated would be over the $25, spending limit. Attorney Pringle stated there were 2 items being discussed. He stated the Request for Bids would be a stand-alone item for the courthouse yard, as previously directed. He stated because this item was previously directed and official action had already been taken, no additional action would be required. He stated the second item was the question of what the Board wanted to do with the request for bids that had been put out for the mowing of County properties. He stated the Board could leave the request for bids in place or withdraw it. ON MOTION of Commissioner Griffin seconded by Vice Chairman Storter Long the Board withdrew the current Request for Bids on the mowing of County properties and agreed to seek alternative ways of getting costs estimates. Motion carried by 5 0 vote. Commissioner Griffin stated the next item was the Palmdale Store which was within Commissioner Beck s district and would defer to him. Commissioner Beck stated he had met with Larry Taylor regarding the re-opening of the Palmdale Store and agreed with all of the previously made comments regarding the need for the store. He stated the Palmdale Store had been there as long as Glades County had been a county. He stated the store was a landmark. He stated there was a non-conformance with the property s zoning and the commercial use of the business. He stated Mr. Taylor would need to apply for a variance with the Planning and Zoning Department and have the item come to the Board for approval. He stated he would like to help Mr. Taylor accomplish opening the store. He stated there would be some setback issues with the store when the zoning was changed. He stated he personally felt that all of the zoning along Highway 27 should either be commercial or agricultural. He asked that Mr. Hilton explain how this Board could help Mr. Taylor accomplish this rezoning. Mr. Hilton stated Mr. Taylor had come to him 4 5 years ago regarding the store. He stated there was an existing non-conforming use issue with the store. He stated the County s code stated that if there was a use and it was non-conforming it could continue; however, if the use ceased for more than 6 months it could not be started 7

8 again. He stated most counties and jurisdictions would not allow this store to re-open. He stated he had always tried to favor the property owner when interpreting the rules. He stated the building had not been used and had been vacant. He stated the use had ceased. He stated, at his discretion, he had told Mr. Taylor that he could re-open the store but he could not go against County Ordinance which stated a non-conforming building could not be enlarged. He stated the front porch could be built back to the original size but not enlarged. He stated these were zoning issues. He stated Mr. Taylor needed to apply for building permits prior to the commencement of improvements to the building. He stated Mr. Taylor was asking the Board to make a ruling today without going through the proper process to rezone the property. He stated Mr. Taylor needed to apply for rezoning and the variance for the setbacks could be addressed after the rezoning. He stated Mr. Taylor could not enlarge the building according to the current Ordinance. He stated if the Board wished to amend the Ordinance he would need direction to do so. He stated this would not be illegal but was probably unheard of. He stated Mr. Taylor simply needed to apply for the rezoning and follow the proper process. Vice Chairman Storter Long stated Commissioner Beck had mentioned applying for a variance and then applying for rezoning. She asked if a variance could be given to a non-conforming use. Mr. Hilton stated that you could not do this. He stated the only thing that could vary was dimensional standards e.g. a setback or a building height. Attorney Pringle stated there were legal non-conforming uses; the store being in a residentially zoned area and a non-conforming structure. He stated all of these issues could be addressed through the application process. He stated he had a concern with the landowner bringing a discussion before the Board to take action on an item that was not properly before the Board. Mr. Hilton stated there were some uses that were permitted in residential zoning. He stated depending on what Mr. Taylor wanted to do with the store he may not need rezoning. He stated Mr. Taylor needed to be specific in his request. He stated he believed a rezoning, a special exception, or a variance would be needed. He stated Mr. Taylor had been told that the best route would be a rezoning application. He stated the plans that Mr. Bennett had drawn up for Mr. Taylor were for a large truck stop. Commissioner Beck questioned the setbacks changing with a rezoning. He asked if any of the existing structures would have to be removed with the zoning change. Mr. Hilton stated it would depend on where Mr. Taylor wished to build. He stated once the property was rezoned Mr. Taylor could build anywhere within the building setbacks. He stated once the property was rezoned Mr. Taylor could enlarge the building. 8

9 Commissioner Stanley questioned if Mr. Taylor would have to tear the building down if the property was rezoned. Mr. Hilton stated this would be up to Mr. Taylor. He stated there were triggers in the existing building code that would require Mr. Taylor to bring the entire building up to current code. He stated it may be cheaper to tear down the building and build new. He stated the store could be re-opened today. He stated Mr. Taylor did not want to just reopen the store; however, he wanted to enlarge the building. He stated the existing building could be re-opened today. Commissioner Stanley stated he believed the store would be a great asset to the community and suggested that the Board should make exceptions to get it re-opened. Chairman Echols disagreed. existing Ordinances. He stated he was not willing to make exceptions to Attorney Pringle stated there was a process in place to make these exceptions. He stated because this building was a legal non-conforming use and a legal nonconforming structure the store could be opened today if no changes were made to the structure or the use. He stated the issues would not begin to occur until there was a change of any kind. He stated when there was a request for a change to occur this action would trigger the requirement to apply for use approval changes or building approval changes. Vice Chairman Storter Long questioned Mr. Hilton granting Mr. Taylor the right to reopen the store even though the use had ceased for 6 months. She asked if this was an exception. Mr. Hilton stated he had done this. Attorney Pringle stated this was an unusual circumstance. He stated the standard rules on legal non-conformities were that if a legal non-conformity was not used (sits vacant) for 6 months and a day then the legal non-conformity expired. Mr. Hilton stated there was nothing in Glades County s code regarding the property sitting vacant; the code dealt with the use ceasing. He stated this was discretionary. Vice Chairman Storter Long stated the taxes never ceased being commercial when the store was not being used as a store. Mr. Hilton stated the taxes had nothing to do with the zoning. Vice Chairman Storter Long stated Mr. Taylor was paying taxes as though the property was commercial but he was not being allowed to open the store. She agreed that the 9

10 store would increase the County s tax base, increase the amenities for the people of Palmdale, and possibly increase revenue sales tax. She stated a Planner should assist citizens when they go into the Planning and Zoning Department to determine what their ultimate goal was and how to get there. She stated every possibility that was relative to what Planning and Zoning staff knew the applicant was going to do should be covered and clearly defined. She questioned why permits were issued to Mr. Taylor if he did not have plans showing what he wished to do. She stated this property was submitted for rezoning several years ago and had been withdrawn. She stated she believed the request had included more than just the store and there had been a conflict with Lykes Bros., Inc. over some of the property. She expressed concern with all of the inconsistencies with this property. Mr. Hilton stated he would like to see a rezoning application and proposed plans for the store from Mr. Taylor. Vice Chairman Storter Long stated Mr. Taylor had gotten a permit to elevate the deck. She asked if Mr. Hilton had approved the submitted plan for the deck. Mr. Hilton stated he did not look at the building permits. He stated he had told Mr. Taylor that he could put back the same foot print that was there. He stated he had not indicated to Mr. Taylor what kind of deck he could build. He stated Mr. Taylor had gone a little further out than what the original porch was and had added 2 bathrooms to the side of the store without pulling permits. He stated there was a lot of history on this issue. He stated Mr. Taylor needed to apply for a rezoning if he wished to expand the foot print of the store. Commissioner Griffin asked if the proposed porches that Mr. Taylor wanted to build could be built prior to requesting a variance. Mr. Hilton explained that the variances would only come up if Mr. Taylor got the property rezoned. He stated Mr. Taylor was fine with the current setbacks if the zoning stayed the same. He stated Mr. Taylor had built the front porch approximately 6 10 inches further out but he was not going to make him tear it down. He stated Mr. Taylor should not have put the bathrooms on the side of the building; however, they were there. He stated if Mr. Taylor would come in and tell Building and Zoning everything he wanted to do, and then do what he said, things would be a whole lot better. Vice Chairman Storter Long asked how close the shed could be to the existing building. Mr. Hilton stated the shed would have to be approximately 10 feet from the building and would have to follow fire code. Vice Chairman Storter Long asked if the shed could be connected to the existing building with a covered walkway. 10

11 Mr. Hilton stated it would depend on what kind of attachment the shed would be. He stated if it was attached the way he would attach it; it would become part of the building and thereby enlarge the existing building, which was not allowable. Vice Chairman Storter Long stated a porch was not enclosed and questioned how it would expand the building. Mr. Hilton stated a porch was still part of the building. There was a discussion regarding the previous rezoning application presented by Mr. Taylor. Commissioner Griffin stated the County was behind Mr. Taylor in getting the store opened. He stated Mr. Taylor had the Board s blessings on this project. Marcia Taylor, resident of Palmdale and owner of the Palmdale Store, asked if she and Mr. Taylor submitted the application for rezoning and got approved could they build the porches and put the storage room on the back of the building. Chairman Echols stated the Board could not take action on this issue today. Vice Chairman Storter Long asked if Mr. Taylor could apply for a rezoning and a variance at the same time. She suggested waiving the zoning fees. Attorney Pringle stated the applicant could request a waiver of the fees. He stated the Board could not make any decisions today. Vice Chairman Storter Long withdrew the suggestion of waiving the fees. 5. Public Input during BOCC Meetings (Commissioner Storter Long) Vice Chairman Storter Long stated the County s policy for public input during Board meetings allowed the Chairman to determine when these individuals could speak. She gave a brief history of this issue. She stated people should have the option of addressing matters after the Board had discussed them. She proposed changing the policy under Item 2 and using the following language: that each member of the public wishing to address the Board will do so when recognized by the Chairman and shall be offered the option of providing that input at Public Input on Agenda Items or during Board discussion of the topic that the public is wishing to address. She stated the public should be offered the option of speaking when the item comes up. Attorney Pringle stated one of the reasons for consideration of a public input policy was the fact that the primary purpose of these meetings was to make decisions on County business. He stated the Board could not make decisions outside of these meetings 11

12 because of the Sunshine Law. He stated there was also a desire to allow public input. He stated the law required open public meetings, but the law as currently written, did not include the requirement to allow public input. He stated this Board had gone further and decided that they wanted to allow public input. He stated he supported this idea; however, the allowance of public input should not interfere with the Board carrying out County business. He stated the public input time was not meant to be a public interaction time. He stated this time would be allowed for members of the public to talk to the Board. He stated the idea was to create some structure for the public input time so that it would not interfere with the County doing its business. He stated he had intended for the Chairman to have the opportunity, in his discretion, to allow later public input. He stated one of the goals in this policy was to get the public input into one place early on so that members of the public would not have to sit around throughout the whole meeting. He stated another goal was that when the Board got to the deliberation of a certain item they could do so without interference from the public. Vice Chairman Storter Long stated the legislature was considering changing the rules so that the public would be allowed to speak. She stated the public s opinion would not interfere in her process of reaching a decision on an item and what was best for the County. She stated she believed it would behoove the Board to allow the option of speaking when the item came up for discussion. She stated discretion would be left strictly up to the Chairman. ON MOTION of Vice Chairman Storter Long seconded by Commissioner Stanley the Board voted to allow the option of speaking at the beginning of the meeting under Public Input on Agenda Items or speaking after Board discussion on the item but before a vote. Commissioner Beck disagreed with allowing participants from the audience to act as a de-facto, sixth Chairman. He stated he believed that public input should be allowed at the beginning of the item. He stated public input should be a time when people could speak to an issue but not participate in the discussion. He stated again that he did not believe the Board needed a sixth Commissioner. Chairman Echols stated he felt that this Board had done a good job allowing the public to speak. He stated he liked to hear what the public had to say about an issue but not in a debate format. He stated there had been times when a person had something more to say that was relevant and he had allowed comment. He stated he felt that it was appropriate to have the public input on agenda items at the beginning of the meeting and that it helped keep the meeting on track. Vice Chairman Storter Long stated she wanted the public s guidance and direction. Commissioner Griffin stated he did not want to the ability to make good informed decisions taken out of the Commissioners hands. 12

13 Commissioner Beck stated if someone had something that was relevant to say, the Chairman should be able to recognize them. He stated he felt the process currently being used was working well. Chairman Echols called for the question. Vice Chairman Storter and Commissioner Griffin voted for the motion on the floor. Chairman Echols, Commissioner Stanley, and Commissioner Beck voted against the motion on the floor. Motion failed by 3 2 vote. 6. E-911 Tax (Larry Hilton) Mr. Hilton stated he had received a call from Dale Milita in reference to a proposed Senate Bill that would extend the exemption of the collection of the E-911 tax assessed on pre-paid wireless cards. He stated Mr. Milita needed direction as to whether the Board supported or opposed the Bill. He stated there was also a proposed House Bill that also addressed this tax. He stated this bill estimated that the additional revenue from the pre-paid wireless cards would be enough for a reduction in the tax from.50 to.43 per month and the revenue would remain the same. He stated the Senate Bill would extend the exemption for an additional two years (2015) and the revenue would be the same. He stated the House Bill would lower the costs per person but also tax the pre-paid wireless companies so that the revenue would remain the same. Vice Chairman Storter Long stated it would equitable for everyone to pay their fair share of the tax. She stated she would be against the Senate Bill that would extend the exemption of the tax. Chairman Echols agreed. Commissioner Beck agreed also. It was the consensus of the Board to oppose the extended exemption of the tax and to support the collection of the tax. 7. Statewide Mutual Aid Agreement (Angie Colegrove) Bob Jones, Public Safety Director, requested that the Board authorize the signing of the Statewide Mutual Aid Agreement. He stated the new agreement had some revised language. He pointed out that the County was subject to having to reimburse costs if they requested services from another agency. He cautioned the Board about having management teams come down during hurricanes in the future. 13

14 ON MOTION of Commissioner Stanley seconded Commissioner Beck the Board approved Resolution , adopting the Statewide Mutual Aid Agreement with the Florida Division of Emergency Management and authorized the Chairman to sign. Motion carried by 5 0 vote. 8. Child Abuse Prevention Month Resolution (Larry Hilton) Mr. Hilton stated he had received a request from The Children s Network of Southwest Florida to have the Board adopt a resolution recognizing April as Child Abuse Prevention Month. He stated The Children s Network of Southwest Florida was a notfor-profit organization and the lead agency for the community-based care in Southwest Florida. He stated they served Lee, Collier, Charlotte, Hendry and Glades counties. He stated they provide services to children who have been abused and neglected and have placed some of them into foster care. ON MOTION of Commissioner Griffin seconded by Vice Chairman Storter Long the Board adopted Resolution , proclaiming April as Child Abuse Prevention Month in Glades County. Motion carried by 5 0 vote. 9. County Manager Applicants (Larry Hilton) Mr. Hilton stated the Board had decided to further reduce the applicant pool from 7 to 4 at this meeting. He stated all of the background checks had been completed and everyone s education had been verified. He stated after the Board reduced the list of applicants to 4 they would need to discuss interview dates and times. Vice Chairman Storter Long named the following 4 applicants: John Granger Noah Powers Ricardo Mendez-Saldivia Thomas Corbitt Commissioner Stanley named the following 4 applicants: Richard Giroux Ricardo Mendez-Saldivia John Granger Johnny Limbaugh Chairman Echols named the following 4 applicants: Guy Maxcy Thomas Corbitt John Granger Johnny Limbaugh 14

15 Commissioner Griffin named the following 4 applicants: Ricardo Mendez-Saldivia Noah Powers Thomas Corbitt Johnny Limbaugh Commissioner Beck named the following 4 applicants: Guy Maxcy Noah Powers Thomas Corbitt Johnny Limbaugh Attorney Pringle calculated the totals for each applicant. The totals were as follows: Thomas Corbitt 4 votes Johnny Limbaugh 4 votes John Granger 3 votes Noah Powers 3 votes Ricardo Mendez-Saldivia 3 votes Guy Maxcy 2 votes Richard Giroux 1 vote Attorney Pringle explained that the Board could eliminate one of the applicants that received 3 votes; they could reduce the pool to 5 applicants instead; or they could eliminate Richard Giroux and Guy Maxcy. Chairman Echols suggested eliminating Richard Giroux and Guy Maxcy and then taking another vote on the three applicants that received 3 votes. The Board agreed to pick from the three applicants (Ricardo Mendez-Saldivia, Noah Powers, and John Granger) that received 3 votes. Vice Chairman Storter Long named the following 2 applicants: Noah Powers Ricardo Mendez-Saldivia Commissioner Stanley named the following 2 applicants: John Granger Ricardo Mendez-Saldivia Chairman Echols named the following 2 applicants: John Granger Ricardo Mendez-Saldivia 15

16 Commissioner Griffin named the following 2 applicants: Ricardo Mendez-Saldivia Noah Powers Commissioner Beck named the following 2 applicants: Noah Powers John Granger Attorney Pringle calculated the totals for each applicant. The totals were as follows: Ricardo Mendez-Saldivia 4 Noah Powers 3 John Granger 3 The Board agreed to vote once more between Noah Powers and John Granger. Vice Chairman Storter Long chose the following applicant: Noah Powers Commissioner Stanley chose the following applicant: John Granger Chairman Echols chose the following applicant: John Granger Commissioner Griffin chose the following applicant: Noah Powers Commissioner Beck chose the following applicant: Noah Powers Chairman Echols stated the pool of applicants had been reduced to the following 4: Ricardo Mendez-Saldivia Noah Powers Thomas Corbitt Johnny Limbaugh ON MOTION of Commissioner Beck seconded by Commissioner Griffin the Board named the following 4 applicants for interviews: Ricardo Mendez-Saldivia, Noah Powers, Thomas Corbitt, and Johnny Limbaugh. Motion carried by 5 0 vote. 16

17 Mr. Hilton suggested the interviews be scheduled prior to the next meeting so that a decision could be made at the night meeting. He stated the applicant list had been narrowed down and only one applicant was from out of state. He stated the approximate travel cost would be $ He suggested face to face interviews with all of the applicants. The Board agreed. Mr. Hilton suggested that the Board authorize Attorney Pringle to speak with each applicant regarding their expectations for the job offer. He asked for direction from the Board. Vice Chairman Storter Long questioned how the Board would know if they were willing to pay the applicant more until the interview. Commissioner Beck stated the salary was non-negotiable. He stated the salary should not exceed $100, Chairman Echols agreed. Commissioner Griffin agreed that the standards had already been set and there was no need to change them now. Commissioner Stanley and Vice Chairman Storter Long also agreed. Commissioner Beck stated the one item he would be somewhat negotiable on was the requirement to buy a home in Glades County. He stated these jobs did not last a long time. He stated he would be satisfied with the new County Manager simply renting an apartment or leasing and not requiring homestead. Vice Chairman Storter Long clarified that the Board required residency and not ownership of property. Commissioner Stanley asked if the Board would stay with the remaining 3 applicants if one decided to decline the interview. Vice Chairman Storter Long and Chairman Echols agreed that the remaining 3 would be interviewed. Commissioner Beck stated if none of those were hired the Board should re-advertise. Chairman Echols agreed. Attorney Pringle stated as long as the Board had one candidate of these 4 still interested then the Board would complete the interview process and make a final 17

18 decision on whether to select that candidate or not. In the event the decision was to not select that candidate then the Board would start over. He stated he would call the 4 candidates and inform them that the Board had confirmed that the maximum salary would be $100, and if this was not acceptable then the candidate would be eliminated from consideration. Commissioner Griffin asked if Attorney Pringle had a list of questions prepared. Attorney Pringle stated he had accumulated questions from 4 different sources; however, he had not gone through them with the Range Rider s staff and did not have the questions with him. Commissioner Griffin asked if the Board could review the questions and submit any that they may wish to add to the list. Attorney Pringle stated the goal in having the list of questions was to avoid asking inappropriate questions. He stated the Board could provide the list to the candidates so that they could prepare answers or they could just ask the questions during the interview. Commissioner Griffin asked if the interviews would be held during the next night meeting or if the Board needed to schedule a special meeting. Vice Chairman Storter Long suggested a workshop. Chairman Echols agreed with the workshop. He stated no decisions would be made at the workshop. He stated the workshop needed to be structured so that it was an interview process and not a public format for public comment. Vice Chairman Storter Long stated she realized the Board intended to ask the other candidates to not be in attendance while the interviews were being conducted. She asked if the interviews could be scheduled separately. Chairman Echols agreed. Attorney Pringle suggested scheduling 2 interviews in the morning and 2 in the afternoon. He stated he could schedule the first interview for 9:00 a.m., the second for 11:00 a.m. for the morning and then one at 1:00 p.m. and the final interview at 3:00 p.m. Vice Chairman Storter Long suggested holding the interviews on Friday, April 19 th. The Board agreed. 18

19 Mr. Hilton stated there had been some discussion about having a social hosted either by the Economic Development Council or the Board on the Thursday night before the interviews. He stated this would allow the Board to see how the candidates interacted with the public. Vice Chairman Storter Long stated she had spoken with the Citrus County and Clay County managers at the FAC meeting and they had both indicated that the social had been invaluable for them. Commissioner Stanley stated he did not see the need for the social. Chairman Echols stated he was not sure he could attend anyway. It was the consensus of the Board to not have a social gathering. Chairman Echols suggested that the candidate from Pennsylvania be given first choice of the interviews times. Attorney Pringle questioned the payment of travel costs for this candidate. It was the consensus of the Board to pay the travel costs and accommodations for the out of state candidate, as well as, mileage for the other candidates. Attorney Pringle stated he would have the workshop noticed for Friday, April 19 th and send letters to the candidates indicating what their interview times would be. Commissioner Stanley asked if letters would be sent to the candidates who did not make the interview list. Attorney Pringle stated he would send these letters. He clarified that the process going forward would be face to face interviews with all 4 candidates; he would send a letter indicating that the maximum salary was $100, and if this was not acceptable to the candidate then they had eliminated themselves from further consideration; he would schedule a workshop for Friday, April 19, 2013 beginning at 9:00 a.m.; he would send a letter to the 4 candidates indicating their interview time; he would prepare and submit the interview questions to the Board and if they had additional questions they could forward them to him for review. CONSTITUTIONAL OFFICERS There was no discussion. COUNTY ATTORNEY Attorney Pringle stated a funding agreement had been signed for the EOC building. He stated he was continuing to work on a lease with St. Onge. He stated he was meeting 19

20 with Judge Lundy today regarding courthouse improvements. He stated he was continuing to work on the AJAX contract and the CRA plans were going to be finished soon. He stated he may have a contract for review and approval at the night meeting. COUNTY MANAGER & DEPARTMENT HEADS Mr. Hilton stated Pat Dobbins had requested that he announce that Joblink was now at the Health Department 5 days a week 9:00 a.m. to 4:00 p.m. He stated they were located at the back entrance (Medicaid entrance). He stated Lee County had requested a joint meeting with Hendry and Glades to discuss Water Management issues (Berry Grove, BOMA, and common water quality issues). He stated they were also going to invite Water Management District and the U.S. Army Corps. He stated they had proposed a meeting date of Wednesday, May 1 st from 2:30 p.m. to 4:30 p.m. at the Hendry County EOC building. Chairman Echols stated he was not sure he could make that date. Vice Chairman Storter Long stated the Board need Chairman Echols present at this meeting. Chairman Echols stated he would attempt to make the May 1 st Friday, May 3 rd would be a better date for him. meeting; however, Mr. Hilton stated he would let them know. He stated Glades Electric would be installing the power lines at Harney Pond Park sometime next week. He stated there was a USDA grant that had a very short application that could give the County up to $5 million. He stated he would like to apply for the grant with Board direction. It was the consensus of the Board to apply for the USDA grant. Mr. Hilton stated he had gathered some information about lapel mics. He stated there were two types: wireless and wired. He stated the wireless mics were more expensive. He stated the 8 channel system was approximately $4, and each mic would cost from $ $ each. Chairman Echols stated he liked the wired mics. Mr. Hilton commented on having to press a button every time he spoke with the existing mics. He stated the lapel mics could be the same or they could be on all of the time. Chairman Echols suggested that Mr. Hilton talk with someone at the Okeechobee Courthouse. He stated they used the same mics and they may be able to give some valuable input. 20

21 Mr. Hilton stated he would do this. He stated there had been a request at the Pearce Canal locks for a no-wake zone. He stated the County had an Ordinance that was passed in 1999 that would allow the Commissioners to establish no-wake zones by Resolution. He stated if the Board wished he would have Attorney Pringle draft a Resolution for Board review and approval. He stated Bob Jones had priced the buoys and they would cost less than $1, installed. There was a discussion regarding the buoy located at Harney Pond Canal. He stated the buoy was numbered and enabled law enforcement to enforce the Ordinance. It was the consensus of the Board to have Attorney Pringle draft a Resolution regarding a no-wake zone at the Pearce Canal. Commissioner Stanley explained that the area was actually in the rim canal by the Pearce Canal locks. Vice Chairman Storter Long asked if the County had heard anything about the EDA Grant. Mr. Hilton stated he would not know until Wednesday. Commissioner Stanley asked if there were any matching funds required for the USDA grant that Mr. Hilton was going to apply for. Mr. Hilton stated he did not believe there were any matching funds required. PUBLIC INPUT ON NON-AGENDA ITEMS There was none. COMMISSIONERS ITEMS AND COMMENTS Vice Chairman Storter Long stated she had received a notice and petition from Alice Hucker, of River Oaks, regarding code enforcement issues. She suggested that the Board make sure the County had a full-time Code Enforcement position budgeted in next year s budget. Commissioner Stanley agreed. He stated when he was in Tallahassee he was informed of an initiative called Vive Florida 500 year celebration. He stated Glades County was not yet a part of it. He suggested adopting a Resolution supporting this initiative. He stated the President of the Small County Coalition had requested that Glades County participate. He stated there was a whole lot of training and grants available for volunteer fire fighters. He stated some of the grants could pay for up to 128 suits. He stated they would also pay for a fire fighter to drive to a location for training if they were not able to access the internet. He stated this training and these grants could help the local volunteer fire departments tremendously. 21

22 Chairman Echols stated he had met last Thursday with Dan Delissi, the new Chief of Staff for South Florida Water Management District, and had an opportunity to tour the 88 acres south of Moore Haven that the WMD was using for spoil storage. He stated he had been able to show Mr. Delissi how this property laid within the City and how difficult it was for the City to expand south or for the County to expand with this property located right in the middle. He stated this property was going to be reviewed by WMD. He stated he had also discussed the BOMA property with Mr. Delissi. He stated he felt that there was an apparent willingness to look into these issues, along with the PILT program, and that WMD understood that without Glades County and other rural counties having some form of payment that was fair in return for the opportunity loss that there would never be peace. Commissioner Griffin requested that a nomination be made at the next meeting for a Commissioner to be assigned and involved with the County s Risk Management program. Chairman Echols stated the Board assignments were assigned by the Chairman. He stated he believed the County Manager and Mary Ann Dotson, Human Resources Director, were already assigned to work with the County s Risk Management program. Commissioner Griffin stated former Commissioner Giesler had served on the committee previously and he would like to see another Commissioner assigned. Commissioner Beck commented on his recent visit to Tallahassee. He stated one of the concerns of EMS was the use of ISTAT machines on potential heart attack victims. He stated that under Florida rules the EMS staff was not allowed to use the machines. He stated this machine was used to determine whether a person had or was having a heart attack. He stated the machine would be used under the supervision of Dr. Lemmons, County Medical Director. He stated currently that if someone had a potential heart attack and was on Medicare they were transported to Clewiston. He stated tests were then run there to determine if the person was having a heart attack and needed transport to a different facility. He stated Hendry Regional did not have an interlocal agreement with other hospitals and therefore had to spend up to 6 hours trying to find a hospital that would accept these patients. He stated meanwhile the patient was still suffering from possible damage to the heart and had generated a bill from Hendry Regional. He stated with the use of the ISTAT machine patients would be tested in the ambulance and transported immediately to a facility that could take care of their needs. He stated this would save Glades County and the patient money. He stated Representative Pigman (Dr. Pigman) was an ER Doctor at 3 different hospitals in Highlands County. He stated Representative Pigman was going to try and piggyback this item in on a bill that was going to be in committee this week. He stated Representative Pigman had indicated concern with the services that EMT s could currently provide throughout the state and would like to re-write the bill. He stated 22

23 Florida had some of the most stringent rules in the United States regarding EMT services. He stated Senator Grimsley and Senator Benacquisto were both on board with this item. He stated he had a very productive week in Tallahassee. ADJOURN ON MOTION of Vice Chairman Storter Long seconded by Commissioner Beck the Board moved to adjourn the meeting. There being no further discussion, Chairman Echols adjourned the meeting at 11:39 a.m. ATTEST: Russell Echols, Chairman Sandra H. Brown, Clerk of the Circuit Court Approved: April 22, 2013 THESE MINUTES ARE NOT A VERBATIM RECORD. TAPES ARE AVAILABLE FOR ANYONE INTERESTED IN LISTENING TO THE ENTIRE MEETING. 23