The Glades County Board of County Commissioners met on Tuesday, January 10, 2012 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, JANUARY 10, 2012 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, January 10, 2012 at 9:00 a.m. with the following Commissioners present: K.S. Butch Jones, Chairman Robert Giesler, Vice Chairman Russell Echols Donna Storter Long Paul Beck Others present: Julie Mann Yarborough, Administrative Secretary Joe Flint, Clerk of Court Larry Hilton, Community Development Director Brenda Choban, Chief Deputy Clerk Stuart Whiddon, Sheriff Avant Brown, County Road Superintendent Gary Ritter, South Florida Water Management District Bob Jones, Public Safety Director Stuart Whiddon, Sheriff Holly Whiddon David Whidden Tracy Whirls Pat Dobbins Raoul Battaler Charlie Murphy 14 citizens Chairman Jones called the meeting to order at 9:00 a.m. PRAYER Chairman Jones gave the invocation. PLEDGE Commissioner Echols led the Pledge of Allegiance to the Flag. AGENDA AMENDMENTS Chairman Jones requested that Item #1 Presentation: LEED Certification for Glades County Public Health Building be deleted from the agenda. He requested that Holly Whiddon, Supervisor of Elections be added to the agenda under Item 5A Canvassing Board member appointment.

2 ON MOTION of Commissioner Beck seconded by Commissioner Echols the Board amended the agenda. Motion carried by 5 0 vote. Chairman Jones read the Pledge of Civility into the record. He asked that the Board consider their actions during meetings. PRESENTATIONS / AWARDS 1. Presentation: LEED Certification for Glades Public Health Building (Fred Edman Bill Rutherford) This item was deleted from the agenda by amendment. PUBLIC INPUT ON AGENDA ITEMS There was none. PUBLIC HEARINGS 2. Enterprise Zone Boundary Amendment (Tracy Whirls) Tracy Whirls, Executive Director Economic Development Council & Enterprise Zone Coordinator, presented a Resolution for consideration regarding modification of the existing Enterprise Zone boundaries to include the Okeechobee Waterway RV Resort and Marina. She requested approval of the Resolution. ON MOTION of Commissioner Beck seconded by Commissioner Echols the Board approved County Resolution No amending the boundaries of the Glades County Enterprise Zone (EZ 2201). Chairman Jones called for public comment. There were none. Motion carried by 5 0 vote. 3. Case Number R11-05 Jenness Allen, Katie Allen and Douglas Allen (Larry Hilton) Larry Hilton, Community Development Director, stated the Community Development Department had received a request to change the present zoning classification on acres from Open Use Agricultural to Residential General. He stated the Planning Commission had recommended approval at their December 13, 2011 meeting. He stated the Staff Report had also recommended approval and asked that the Staff Report be made part of the record. He stated the surrounding zoning was compatible with the requested change. Attorney Pringle read the title of the Ordinance into the record. Chairman Jones called for public comment. There was none. 2

3 Attorney Pringle reminded the Board that they would need to disclose any ex parte communications and swear in any witnesses that wished to testify. Commissioner Storter Long stated she had ex parte communication with Jenness Allen. She stated Mrs. Allen was her niece. She stated she was also an adjoining land owner. She declared a conflict and stated she would abstain from the vote. She stated she would like to comment as a member of the public. Attorney Pringle swore in the witness Donna Storter Long. Commissioner Storter Long stated she had spoken with Jenness Allen regarding this rezoning. She stated she had questioned rezoning the property to its most dense use. She stated Mrs. Allen wished to give part of the property to one of her children. She stated this could be accomplished without rezoning; however, she had no objection to the rezoning. ON MOTION of Commissioner Echols seconded by Commissioner Beck the Board adopted Ordinance No , approving the rezoning from Open Use Agriculture to Residential General as requested in Case Number R11-05 (Jenness Allen, Katie Allen and Douglas Allen) based upon the Planning Commission and Staff recommendations. Motion carried by 4 0 vote. Commissioner Storter Long abstained from the vote. (See Exhibit A) 4. Case Number COMP11-04LS Roadrunner (Fort Myers) ASLI V LLLP- FLUM (Larry Hilton) Larry Hilton, Community Development Director, stated the Community Development Department received a request to change the Future Land Use on a parcel of land south of the Caloosahatchee River, commonly known as Roadrunner or River Grove. He stated the case had previously come before the Board in March 2008 and had been approved. He stated the request had been transmitted to the Department of Community Affairs for review and had been denied based on need. He stated since that time the laws had been revised. He stated need could no longer be used for denial of a request. He explained why the item was listed twice on the agenda. He stated the first vote would be taken on the text amendment only. He stated the text amendment would change the text of the Future Land Use Element and the Comprehensive Plan to create a new Mixed Use District. He stated the Roadrunner property would be designated as a Mixed Use District. He stated the applicant had requested that the text in Policy 1.4 be amended. He stated the original request had been for 6,275 units and the applicant wished to reduce this number to 6,162 units. He requested that the motion include this text amendment. He stated the Mixed Use District designation would include developments of regional impact and would require approval of a Planned Unit Development. He stated this designation would allow mixed uses and commercial uses. 3

4 Chairman Jones called for public input. There was none. Attorney Pringle reminded the Board that this was a Public Hearing and stated the applicant was present and may wish to address the Board. Jason Wagner, representative from Roadrunner a/k/a River Grove, stated he had been before the Board in 2008 with this same request. He requested that the Board approve his request. Commissioner Storter Long questioned the perimeters of need. Mr. Hilton stated 90% of all Future Land Use Map amendment request for need had been denied at that time. ON MOTION of Vice Chairman Giesler seconded by Commissioner Beck the Board approved the transmittal of the requested Future Land Use Map amendment for Case No. COMP11-01LS Roadrunner (Fort Myers) ASLI V LLLP to the Department of Economic Opportunity based upon the recommendations of the Planning Commission, Staff Report and testimony presented. The Board also reduced the number of units from 6,275 to 6,162. Motion carried by 5 0 vote. 5. Case Number COMP11-04LS Roadrunner (Fort Myers) ASLI V LLLP- FLUM (Larry Hilton) Larry Hilton, Community Development Director, requested the map change portion be approved. He stated 1,618 acres would be changed from an Open Use Agricultural designation to a Mixed Use District designation. Chairman Jones called for public comment. There was none. ON MOTION of Vice Chairman Giesler seconded by Commissioner Beck the Board approved the transmittal of the Mixed Use District, a new Future Land Use Classification, to the Department of Economic Opportunity based upon the recommendations of the Planning Commission, Staff Report and testimony presented. Motion carried by 5-0 vote. 5A. Replacement of member on Canvassing Board (Holly Whiddon) (this item was added to the agenda by amendment) Holly Whiddon, Supervisor of Elections, stated the Board needed to replace Chairman Jones on the County Canvassing Board for the Presidential Preference Primary on January 31 st. She stated pursuant to Florida Statute the Board was required to appoint as a substitute member, one of its members who was not a candidate, nor an active participant in the campaign of a candidate with opposition in the election being canvassed. 4

5 Chairman Jones stated he would not be available on that date. He stated Vice Chairman Giesler and Commissioner Beck would also be out of town on that date. Mrs. Whiddon stated the member would need to be available for 3 different days in January and 4 5 days in February for meetings. Commissioner Storter Long stated she would be available. ON MOTION of Commissioner Echols seconded by Vice Chairman Giesler the Board appointed Commissioner Donna Storter Long to the County Canvassing Board. Motion carried by 5 0 vote. CONSENT AGENDA 6. A. Approved County warrants. (See Exhibit B) General Fund: Intergovernmental Radio : SHIP : EMS Award Grant: 1898 B. Delete Items from Property Records: #684 and #685 Exam Tables; #2510 and #3305 Telephone System; #2490 and #3304 HP Printers. C. Acknowledge Receipt of the Glades County Health Department s Activities and Expenditures from July 1, 2011 through September 30, ON MOTION of Commissioner Echols seconded by Vice Chairman Giesler the Board approved the Consent Agenda items. Motion carried by 5 0 vote. BUSINESS AGENDA 7. Draft: Management Agreement (Attorney Pringle) Attorney Pringle stated he had been asked to make final changes to the management agreement during the previous meeting. He stated he had also been instructed to create some rules and regulations regarding use. He stated Exhibit B was a two part document. He stated the first part defined a permit application process that would be used by all third-party users of County property. He stated repetitive use could be covered by one permit. He stated the application would go to the County Manager for approval. He stated the Commission may wish to give the Property Manager the authority to approve permit applications. He stated the second part of the exhibit would address specific rules and regulations for use of the property. Commissioner Storter Long questioned Page 2 of 10 of the agreement. She asked if every third party permit application would have to come to the County for approval. 5

6 Attorney Pringle stated the goal of Section 2 was to have the specific Community Group and the Commissioners agree with a written addendum. He stated this addendum would include third-party users that were approved. Commissioner Storter Long questioned the requirement of financial reports. Attorney Pringle stated the report would include an executive summary and specific financial information regarding revenues and expenditures. Commissioner Storter Long asked if groups that wished to use the buildings for profit would be allowed. Attorney Pringle stated the default position in the management agreement was that the Manager would have to come to the Commission to ask permission for these types of activities. Commissioner Storter Long asked if there would be any prohibited uses. Attorney Pringle stated no limitations, other than illegal activities, had been placed on the associations. He stated he had left this to the Board and the associations to address. He explained that any specific use not included in the addendum would have to be addressed by the Commission. Commissioner Storter Long questioned the requirement of insurance for special uses. Attorney Pringle stated each permit application would be addressed individually. County Manager Taylor commented on the Use Rules and Regulations. He asked that the Board review the document and make suggestions that would make the document easier to read. Commissioner Beck stated he believed a list of uses from the various community groups was needed. He stated he would also like to see a list of fees for rental activities. He stated these fees should be posted prior to the signing of the agreement. He stated he understood that these fees would vary from group to group. He stated these fees could be reviewed annually. Commissioner Storter Long agreed. She also questioned the right of the Property Manager to waive permit fees and rental fees. Vice Chairman Giesler stated he believed this item had been discussed previously. He stated the Property Manager should have the authority to make these decisions. Chairman Jones stated the American Legion charged a deposit (flat fee) of $ plus a $ rental fee. He stated this applied to profit and non-profit groups. He stated if the rental exceeded 8 hours an hourly fee was charged. He stated the deposit was not returned if the building was not cleaned properly or was damaged in any way. Commissioner Beck asked if this agreement would apply to the Doyle Conner Building. 6

7 Raoul Bataller, Hendry Glades Sunday News, questioned the County making a profit off of the rental of the community centers. He stated the competition that the community associations would have with local restaurants and other civic centers was real. Chairman Jones stated each community center was welcome to use another. He stated there was no motive for profit. Commissioner Beck suggested that the fees charged by each group should be relative to that particular group. He suggested that the Facility Manager establish the fees. Commissioner Echols stated the Doyle Conner Building rental process was overseen by Glades Youth Livestock. He stated GCYL obviously had a handle on how to rent the building. He suggested the Board review the forms and mechanisms that GCYL used. Chairman Jones stated he would obtain a copy of their rules and regulations and place the item on the next agenda for discussion. Attorney Pringle stated he anticipated that for each facility there would be an addendum to the management agreement that would outline a fee schedule. He agreed that the Board should look at what GCYL had done with the Doyle Conner Building was a good place to start. He suggested that the issue be placed on the next day meeting (February 14, 2012). He stated the Board would need the additional time to review the documents. 8. Community Center Building Concept (Larry Hilton) Larry Hilton, Community Development Director, presented a set of building plans for review by the Board. He stated this particular building was being constructed in DeSoto County. He stated this building would not be used as a Hurricane Shelter. He stated the cost of this building was $106, He stated the building was approximately 1,500 square feet. He stated this plan was flexible. Chairman Jones stated he would prefer a larger central room versus a large office space. Mr. Hilton stated he needed direction, such as this, from the Board. Chairman Jones stated he would like to see the building size increased by at least 400 square feet. He stated he realized that a bigger building would cost more but he would like to move forward with construction. He suggested the building not be constructed as a Hurricane Shelter. Mr. Hilton suggested the Board decide what size and floor plan they wished to use and then forward the plans to an Engineer to have them drawn. Commissioner Echols stated the building should consist of 4 walls, a metal roof, small kitchen, double occupancy bathrooms, and a storage area. 7

8 Mr. Hilton stated this plan would be simple to draw. He recommended putting in a small kitchen area with a lot of countertop space and electrical receptacles versus a full kitchen. He stated the kitchen would serve as a serving area and not a cooking area. He stated this would be very inexpensive. Commissioner Beck suggested that the building have very few windows and double doors at the entrance. Commissioner Echols suggested the windows be very small and impact resistant. It was the consensus of the Board to spend $150, and construct the building in Washington Park with a metal roof, small kitchen, double occupancy bathrooms, and a storage area. 9. Discussion: Glades County Health Care & Wellness (Chairman Jones) Chairman Jones stated the Glades County School Board, City Council, and the Commission had attended a meeting last Thursday. He stated one of the issues that Mike Presley, Glades County School Board, had addressed at the meeting was the rising cost of health insurance. He stated there had been a discussion regarding ways to reduce the cost and to pool resources. He stated a committee had been formed this past year to review our insurance rates. Pat Dobbins, Director of the Glades County Health Department, stated she had also attended the meeting. She stated she had been charged to do some research regarding what was happening around State. She stated she had met with DeSoto County and Collier County. She explained that some counties were creating and funding Wellness Programs. She explained the program. She stated several entities could form the Wellness Program and participate. She stated the members would have immediate access to a physician. She stated by implementing this program the insurance companies would decrease their rates. She stated she would continue to keep the Board informed of her efforts. Commissioner Echols stated the insurance committee was still in place and that he would like to see that same committee work on this issue. He asked if the School Board, Commission, and the Sheriff s Department formed a Wellness Program how many days a week the physician would be available. He asked if the physician would be available to the public. Mrs. Dobbins stated the information she had gathered about what was working in DeSoto County was that the physician would be hired by those entities and work for them. She stated the physician would be dedicated to those employees. Commissioner Echols asked if there was any proof of a cost savings. Mrs. Dobbins stated she had not received any evidence or literature regarding cost savings. She stated she had met with United Way and they had offered to be the coffers for whatever 8

9 dollars were put into the program so that a tax deductible mechanism would be available for whoever participates. She stated NOVA University was putting together a Federal Grant for Glades and Hendry Counties for the hiring of approximately 20 citizens to perform intense care management throughout the county. County Manager Taylor suggested working together as a County instead of just separate parts. He stated the insurance committee would begin reviewing rates as early as March. He stated Blue Cross/Blue Shield did have a Wellness Program. Chairman Jones asked Bob Jones if he would like to continue serving on the insurance committee. Mr. Jones stated he would. The insurance committee members are: Bob Jones, County Manager Taylor, Pat Dobbins, Commissioner Echols, Lorie Ward, and Mary Ann Dotson. 10. Discussion: Possible County Support for a Grocery Store in Moore Haven (Chairman Jones) Chairman Jones stated he had asked Attorney Pringle to review the County s Ordinances and laws regarding tax abatement for local businesses. He stated the current rules offered tax abatements; however, they were only for new construction. He stated a lot of the people in Moore Haven were homebound and needed a local grocery store. He asked Attorney Pringle the legality and width of the Board s possibilities to help get the grocery store reopened. Attorney Pringle stated the legal limits stemmed from statutory law and also local ordinances. He stated he would need to review the local ordinance before he could tell the Board what options were available. He reminded the Board to be aware of the Sunshine Law in terms of meetings regarding this issue. He stated if people were simply doing fact finding they were fine. Commissioner Echols stated the concern of citizens needed to be considered. He stated they needed a viable outlet for primary essentials. He stated the Board could draft an Ordinance that would cover the reopening of the store. He suggested that a committee be formed with representatives from the City, the School and the County. He stated this committee could work towards helping the store owners reopen the building. He stated this committee could also review the Ordinances that were in place and make recommendations to the Board regarding amendment of them. Attorney Pringle stated the County did have opportunities as far as economic development was concerned. He cautioned the Board again about following the Sunshine Law. Commissioner Echols stated the individuals were on totally separate Boards. He asked how this would be a violation of the Sunshine Law. Attorney Pringle stated as long as there was no decision making, the discussions were allowed. He stated if any committees were appointed with decision making power their meetings needed to be publicly held and noticed. 9

10 Commissioner Beck stated if the older building was used the new tenant would have to replace the antiquated equipment prior to opening. He asked if there was a tax abatement or any incentives for the purchase of new tangible property. Attorney Pringle stated he would need to review the Ordinance. Commissioner Beck stated he had grown up in the area. He named numerous businesses that were booming years ago. He stated it seemed as though Moore Haven was slowly going away. He stated he felt that it was the Board s duty to make sure the citizens of Glades County had a place to purchase groceries and the necessities of life. Commissioner Storter Long stated the Ordinance that needed to be reviewed was She stated the Ordinance referred to a referendum that was on the ballot that approved adoption. She stated the language read new construction and expansion of businesses based on the Florida Statutes.... She stated anything the Board did would need to be done with the owner and not the lease. Attorney Pringle stated the primary emphasis of the Ordinance related to ad valorem tax abatement which relate to the land owner. Chairman Jones expressed concern with the lack of local businesses. He stated he believed it would behoove the Board to make a commitment to finding ways to promote growth within the County. CONSTITUTIONAL OFFICERS There was no discussion. COUNTY ATTORNEY There was no discussion. COUNTY MANAGER County Manager Taylor stated he had received an inquiry regarding the purchase of an Industrial Park lot. He asked the Board to start thinking about what conditions they wished to place of the sale of the lots. He asked what costs/price the Board wished to set for the lots. He stated Hazardous Waste Collection Day would be held on January 28 th at the Doyle Conner Building between 8:30 a.m. 2:30 p.m. He stated this collection happened once a year. He stated citizens could get rid of computers, televisions, fluorescent lights, pesticides, and insecticides, etc. He reminded everyone that polling locations within the County that were County owned would be closed, except for election activity, on January 30 th and 31 st. Commissioner Storter Long asked if the Landfill had changed their hours of operation. County Manager Taylor stated the new hours are posted on the board. He stated the hours had been reduced due to lack of volume and the reduction of costs. 10

11 DEPARTMENT HEADS There was no discussion. PUBLIC INPUT ON NON-AGENDA ITEMS Charlotte Miller, External Affairs Manager - Florida Power & Light, stated she wished to touch base with the Board and let them know of FP & L initiatives in the coming year. She stated FP & L served approximately 3,000 customers in Glades County. She stated there were customers in the Buckhead Ridge area and customers closer to the LaBelle area. She stated FP & L had recently formed an Economic Development Council. She stated there would be possible rate reductions for new businesses. She stated FP & L was also focused on diversification of their fuel mix. She stated the company was primarily natural gas (approximately 60%) but was interested in some more renewable projects, such as solar projects. She stated FP & L was upgrading its nuclear facilities in St. Lucie and Turkey Point in Miami-Dade County. She stated even though these facilities were on the East Coast they served the entire service territory. She stated FP & L would be increasing up to a 450 mega watt upgrade over the next two years which would enable a savings in fuel costs of 141 million dollars in the first year. She stated FP & L was continuing to strengthen their grid so that they were more hardened and storm secure. She stated there were on-going pole inspection and replacement programs along with tree trimming programs. She stated FP & L was in the process of installing equipment that could diagnose issues before they occur. She stated this equipment would indicate problems prior to power failure. She stated this would reduce the number of outages. She stated FP & L continued to have energy conservation programs for their residential and commercial customers with free surveys, as well as, incentives and rebates for items such as air conditioning units, hot water heaters, etc. She stated all of this information was available on She stated these programs help to keep the rates the lowest in Florida. She stated she enjoyed working with Staff at the County. She thanked the Board for their time. Commissioner Storter Long asked how many of the 3,000 customers in Glades County currently had smart meters. Ms. Miller stated the smart meters were part of the program Smart Grid. She stated the Buckhead Ridge area was complete. She stated the area closer to LaBelle would probably begin getting the smart meters by the end of the 2 nd quarter. She stated a smart meter was read remotely and would inform FP & L of any problems at that individual residence. She stated each customer would be able to log in securely on-line to view their energy dash board. She stated the energy dash board would allow them to view their hourly usage. She stated this tool would help customers who were interested in conserving energy. She stated there were 4.5 million customers statewide and 2.8 million smart meters had been installed. Commissioner Echols questioned what FP & L s residential kilowatt rates were. Ms. Miller stated the base rate was approximately $ $43.00/per month. She stated the average rate per kilowatt hour was currently.11. Commissioner Echols asked how this rate compared with Glades Electric s rates. Ms. Miller stated she did not have that 11

12 information but knew the rates were lower. She stated she would provide the Board members a chart that showed this information. Pat Dobbins, Health Department, stated she was a member of the Community Foundation of Southwest Florida that served Hendry and Glades counties. She stated the foundation was based out of Lee County. She stated she was currently chairing the Grants Committee. She stated the grants that were being put out were in 5 areas. She stated Glades County needed to apply for these grants and scholarships. She stated this was an opportunity to bring more money into Glades County. She stated the foundation consisted of people who endowed money to this group. She stated the money built interest and was used to serve Lee, Charlotte, Hendry, and Glades counties. She stated she would get this grant information to County Manager Taylor and the School Board. She stated she was also serving on the Board of Healthy Start representing Hendry and Glades counties. She stated this was a non-profit organization that served Glades County by offering intense case management for women who were pregnant. She stated the program was also available for the uninsured population. She stated the Healthy Start foundation was doing a fundraiser which Glades Electric had agreed to sponsor. She stated the fundraiser would be a Casino Night at the Grandezza in Estero. She stated the money would go towards the Healthy Start program. She stated this event would take place on March 31 st. She informed the Board of the new Sydney & Berne Davis Art Center in Fort Myers. She stated they would hold a Bringing New York to Fort Myers event on March 17 th. Dave Kiser, resident of Lakeport, asked why the Bank of America was closing. Chairman Jones stated this was a private issue and directed Mr. Keiser to contact the bank. Mr. Kiser stated he used to fish tournaments in Moore Haven and Clewiston in the early 1980 s. He stated he had slowly watched Moore Haven go down over the years. Chairman Jones stated Tracy Whirls, Economic Development Director, and County Manager Taylor had done a lot to prevent businesses from leaving. He stated he felt several of the businesses had vacated because of the economy. He stated the Board was making every effort they could to retain what businesses were left. He stated he hoped to see some economic growth in the near future. COMMISSIONERS ITEMS AND COMMENTS Commissioner Storter Long commented on the County s Impact fees collection being suspended until February. She asked Attorney Pringle if he had gathered any further information regarding a Flow Control Ordinance for Solid Waste. Attorney Pringle stated he had not pursued this matter any further. 12

13 Commissioner Storter Long stated some haulers had recently changed their rates based upon the County s tipping fee increase. She stated the haulers had not been restricted from taking waste out of the County yet. She invited everyone to attend the spaghetti dinner at the Ortona Community Association on Saturday, January 14 th from 5:00 p.m. 7:00 p.m. She asked Chairman Jones when he would be addressing the annual committee appointments. Chairman Jones stated he would address this issue at the next meeting. Commissioner Giesler had no comments. Chairman Jones announced that there would be a Blood Drive from 9:00 a.m. 1:00 p.m. at the school today. Commissioner Echols stated he had attended a meeting yesterday regarding the Harney Pond Canal project. He stated the project should be totally finished by the end of January. He stated the channel markers would be put in place very soon. Commissioner Beck stated the Moore Haven High School Scholarship Foundation would be holding a bar-b-que dinner fundraiser on Friday, January 13 th. He stated dinners would include bar-b-que chicken with two side dishes and a roll for $8.00. ADJOURN ON MOTION of Commissioner Echols seconded by Commissioner Beck the Board moved to adjourn the meeting. There being no further discussion, Chairman Echols adjourned the meeting at 10:55 a.m. ATTEST: K.S. Butch Jones, Chairman Joe Flint, Clerk of the Circuit Court Approved: January 23, 2012 THESE MINUTES ARE NOT A VERBATIM RECORD. TAPES ARE AVAILABLE FOR ANYONE INTERESTED IN LISTENING TO THE ENTIRE MEETING. 13

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