MINUTES OF THE GLADES COUNTY BOARD OF COUNTY COMMISSIONERS MEETING ON TUESDAY, JUNE 8, 2010 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, June 8, 2010 at 9:00 a.m. with the following Commissioners present: Russell Echols, Chairman K.S. Butch Jones, Vice Chairman Donna Storter Long Paul Beck Not present: Robert Giesler Others present: Julie Mann Braddock, Administrative Secretary Joe Flint, Clerk of the Circuit Court Brenda Choban, Chief Deputy Clerk Wendell Taylor, County Manager Larry Hilton, Community Development Director Richard Pringle, County Attorney Jim Cianfrani, President-Muse Community Association Missie Barletto, South Florida Water Management District Bob Jones, Public Safety Director Erica Villafuerte, SHIP Coordinator Avant Brown, Glades County Road Superintendent David Whidden, AIM Engineering Charlie Murphy, Okeechobee Radio Stuart Whiddon, Glades County Sheriff Jim LaRue, LaRue Planning Nena Bolen, Glades County Democrat Raoul Bataller, Hendry Glades Sunday News Terri Helfinstine, E911 Coordinator Tracy Whirls, EDC Executive Director 17 citizens PRAYER Vice Chairman Jones gave the invocation. OPENING PLEDGE Commissioner Beck led the Pledge of Allegiance to the Flag. AMENDMENTS TO THE AGENDA Chairman Echols stated Joe Flint, Clerk of Court had requested that Item 4 Proposal to Replace/Install Board Room/Conference Room Audio/Visual Equipment be removed.
He requested that Item 11 USDA State Housing Preservation Grant be added under Constitutional Officers. ON MOTION of Vice Chairman Jones seconded by Commissioner Beck the Board approved the amendments to the agenda. PRESENTATIONS/AWARDS There were none. PUBLIC INPUT ON AGENDA ITEMS Chairman Echols stated four citizens had signed up to speak on various agenda items. He stated he would call upon them to speak when the item came before the Board. PUBLIC HEARINGS 1. EAR Based Amendments Erica Villafuerte, Planner, handed out proposed changes to the EAR amendments. (See Exhibit E) She stated these changes were supplemental to the documents in the Commissioner s packets. She stated these revisions were primarily for clarity. She explained that some landowners and environmental groups had made some suggestions since the packets were prepared. She read the title of the proposed Ordinance into the record. She stated there had been some significant map changes since the previous EAR based amendments had been adopted. She stated these changes along with all small scale amendments would be reviewed prior to submission to the Department of Community Affairs. Chairman Echols called for public comment. There was none. Commissioner Storter Long expressed concern with the supplemental changes that had been passed out during the meeting. She stated she had not had a chance to review them. She referred to page 4 of 55, Policy I-1.4E: Item 7 Conservation. She stated the text read: The County shall require that all development proposals, other than a singlefamily residence on an existing approved lot, be accompanied by evidence. She stated this paragraph did not state in the Conservation Overlay. She stated the paragraph seemed to be referencing all developments instead of only those located in the Conservation Overlay. She asked that this language be clarified. Jim LaRue, LaRue Planning, stated this paragraph was referring to developments in the Conservation Overlay. Commissioner Storter Long stated the language did not specifically state this. Mr. LaRue stated he could clarify the language. Commissioner Storter Long questioned the use of mitigation banks used for transferring conservation rights. Mr. LaRue stated mitigation banks would be used. He reminded the Board that all of these issues would be addressed in the Land Development Regulations. 2
Commissioner Storter Long asked what significant changes were included in the supplemental that she was not able to review. Mr. LaRue stated the supplemental revisions were basically for clarification purposes. ON MOTION of Vice Chairman Jones seconded by Commissioner Beck the Board adopted Glades County Ordinance 2010-9 adopting textual amendments to the Goals, Objectives, and Policies of the Comprehensive Plan based on the adopted Evaluation and Appraisal Report (EAR) and authorized transmittal to the Department of Community Affairs. CONSENT AGENDA ITEMS 2. A. Approved County warrants. (Exhibit A) General Fund: 63082 63176 Health Department : 1006 1008 Courthouse Facilities: 1309 1310 Law Enforcement Trust Fund: 1062 B. Approved minutes of the May 24, 2010 Regular Meeting. ON MOTION of Commissioner Beck seconded by Vice Chairman Jones the Board approved the Consent Agenda items. BUSINESS AGENDA 3. Audit Selection Committee Joe Flint, Clerk of Court, stated 4 firms had responded to the RFQ for Auditing Services. He stated McGladrey & Pullen s proposal was received 41 minutes after the 3:00 p.m. deadline. He stated the Auditor Selection Committee had ranked the 3 firms that were received prior to the deadline in the following order: 1 - Larson Allen 2 - The NCT Group, CPA s, L.L.P. 3 - Boy, Miller, Kisker & Perry, P.A. He stated the Selection Committee had also voted unanimously to request that the Board waive the technical error/informality (receiving the response from McGladrey & Pullen 41 minutes late) and consider the firm for referral to the Selection Committee for ranking. Attorney Pringle stated the RFQ included language regarding a deadline for receipt of responses. He stated McGladrey & Pullen, through no fault of their own, was late. He stated McGladrey & Pullen had submitted their documents to United Parcel Service (UPS) in the normal course of business and UPS had failed to get the documents 3
delivered on time. He stated the RFQ also contained language which gave the Board the ability to waive technical deficiencies. He stated he had been contacted by Mr. Flint regarding McGladrey & Pullen s response. He stated he had informed Mr. Flint that the response should be left in the un-opened and McGladrey & Pullen s request to waive the technical deficiency should be presented the Board. He further explained that if the Board did decide to waive the technical deficiency the Selection Committee would review McGladrey & Pullen s response and modify the rankings of the responders, if necessary. He stated the rankings would be brought back to the Board at the June 28 th meeting. ON MOTION of Commissioner Beck the Board moved to proceed with negotiations with the following on July 13 th : 1 Larson Allen 2 The NCT Group, CPA s, L.L.P. 3 Boy, Miller, Kisker, & Perry, P.A. Vice Chairman Jones stated the letter that McGladrey & Pullen had submitted a letter explaining a series of errors for which UPS had acknowledged responsibility. He stated he believed the firm should be given consideration due to extenuating circumstances. Chairman Echols agreed with Commissioner Beck. He cautioned the Board against setting precedence. He suggested the Board follow the standard already in place. Commissioner Storter Long stated she had served on the Auditor Selection Committee. She explained that the Committee was told and had read in the letter that McGladrey & Pullen had submitted the package to UPS the day before the due date. She stated the other proposals had been brought in on the due date. She agreed with Vice Chairman Jones. The motion on the floor died for lack of a second. ON MOTION of Commissioner Storter Long seconded by Vice Chairman Jones the Board moved to waive the technical deficiency in accordance with the provisions provided in paragraph 5 of the Legal Advertisement and include McGladrey & Pullen for ranking by the Auditor Selection Committee. Rankings will be presented to the Board on June 28 th. Negotiations will be scheduled for July 13 th. Vote tied with a 2 2 vote. Commissioner Storter Long and Vice Chairman Jones voted for the motion on the floor and Chairman Echols and Commissioner Beck voted against the motion on the floor. Attorney Pringle stated no action had been taken on McGladrey & Pullen s request to waive the technical deficiency. 4
ON MOTION of Vice Chairman Jones seconded by Commissioner Beck the Board tabled Item 4 Auditor Selection Committee until June 28, 2010 at 6:00 p.m. 4. Proposal to Replace/Install Board Room/Conference Room Audio/Visual Equipment This item was deleted from the agenda by amendment. 5. Glades Youth Livestock Agreement Attorney Pringle handed out a draft Management Agreement and a draft Ground Lease for the Board s review. He stated Judge Lundy had received the documents and some discussion had taken place. He stated he had given the County the ability to complete actions discussed in a prior meeting with Glades Youth Livestock members (acquiring insurance, applying for grants, etc.). He stated the Management Agreement would address the costs incurred by the County. He stated these costs would be reimbursed to the County before proceeds were paid out to Glades Youth Livestock. He stated he was sure the representatives from Glades Youth Livestock and Judge Lundy would have some comments. He stated he hoped to bring the agreements back before the Board at the June 28 th meeting for approval. He asked that the Board contact him with any questions. 6. Request: FDOT Improvements for Glades County Avant Brown, Glades County Road Superintendent, presented a list of projects to be presented to FDOT. He stated Highway 74 improvements had been added to the list under a new grant program through the State. He stated County Manager Taylor and Doug Manke, Road Department, had reviewed the list with him and had come up with the projects listed. He asked the Board to approve the list for submission to FDOT. Chris Chesley, resident of Lakeport, expressed concern with the proposed motions on the agenda summary sheets. He asked why County Manager Taylor had the authority to tell the Board how to vote and questioned having a paid County employee sign a lease agreement with a Government agency instead of the Chairman of the Board. Vice Chairman Jones stated County Manager Taylor been employed with the County for the past 5 years and had never told him, nor instructed or influenced his vote. Mr. Chesley handed the Clerk a copy of the Agenda Summary Sheet for Item 7 Lease Agreement: Glades County/SSFWMD Curry Island and asked that the document be added as an exhibit to the record. (Exhibit B ) ON MOTION of Commissioner Beck seconded by Vice Chairman Jones the Board approved the submittal of Glades County s FDOT projects to FDOT. (Exhibit C) Commissioner Storter Long asked if the list was prioritized. Mr. Brown stated the projects were not prioritized and stated the Board could revise the list if they so desired. 5
Commissioner Storter Long stated County Manager Taylor did not instruct her on how to vote. She stated County Manager Taylor provided information only and the proposed motions on the agenda summary sheets were only suggestions. 7. Lease Agreement: Glades County/SFWMD Curry Island County Manager Taylor stated this property was located between the property that the County already leased on Curry Island and Highway 78. He stated this agreement would add 352 acres to the present lease. He stated Item 3 had been questioned and there seemed to be some concern with approving the lease as-is. Chairman Echols commented on Item 3. He stated he would oppose approval if this item remained in the terms of the lease. He stated he was opposed to the prohibition of using unlicensed swamp buggies, tracked vehicles, off-road or off highway all terrain vehicles. He stated this prohibition was not in line with the previous used of the property. He stated Item 3 also stated that no activities would be permitted which would impact or degrade the resource or the operation and function of the premises. He stated Curry Island had not been used for passive recreational purposes in the past. He expressed concern with Item 5 which stated the Lessee (County) would prevent the unauthorized use of the premises or any use thereof not in conformance with this lease. He stated Curry Island had not been policed in the past and felt it should not be now. He stated he would not support approval of this lease as written. He stated Curry Island was one of the few properties left in the State that people could freely use without regulation. Commissioner Beck stated he would agree. He stated Item 3 would be a deal breaker. He asked Missie Barletto, SFWMD, to come forward. He asked Mrs. Barletto if the terms of the lease could be negotiated. Mrs. Barletto stated there would be no reason the lease could not be negotiated prior to signing. Commissioner Beck stated the terms of the lease agreement, for the most part, were acceptable. He stated he would like to get clarification of the term passive recreation. He stated hunting would need to be allowed on the leased property. He stated there was a tremendous amount of people who came up to enjoy hunting at Curry Island. He stated he felt simple signage at the road side could solve some of the issues. He suggested authorizing County Manager Taylor to negotiate certain terms of the lease agreement. Charles Morehead, resident of Broward County, stated he had visited Curry Island for the past 40 years. He stated his family rode buggies, 4-wheelers, and airboats on the Lake and its tributaries. He stated Curry Island was one of his favorite places to go as a respite. He stated Curry Island was one of the only places left in Florida that was public and had good access but was rather remote. He stated he fully supported the concept 6
of Glades County taking over the property. He noted the language in paragraph 3 was a death sentence for off road vehicles for the next 50 years. He strongly suggested that the Board contact the Everglades Coordinating Council. He stated this group could assist with the negotiations, if the Board wished. He expressed concern with the insurance language in the lease. He suggested that the County take a look at the limits of liability and the current rates. He requested that the Board carefully consider the off road vehicle limitations. Jim Simon, resident of Moore Haven, stated he was also present to oppose the language contained in paragraph 3. He stated he was an avid hunter and airboat owner and had used the Curry Island area since the late 1970 s. He stated he would hate to see the access and use of Curry Island diminish for future generations. He suggested that the County review the terms of the agreement as they pertained to maintenance of the area. Cannon Ely, resident of Lakeport, thanked the Board for their opening statements regarding paragraph 3. He stated both user groups needed to have access and use of the property. Commissioner Storter Long questioned the portion of the map that would be covered by the legal description. Commissioner Beck stated the County already had a lease on the upper portion of the island. He stated the blue shaded area would be added to this property. Commissioner Storter Long questioned who was policing the area now. Chairman Echols stated hunting was a customary activity that took place on Curry Island. Commissioner Storter Long agreed that the terms of the lease agreement needed to be negotiated. ON MOTION of Commissioner Beck seconded by Vice Chairman Jones the Board authorized County Manager Taylor to negotiate certain terms of the proposed Curry Island lease with South Florida Water Management District. 8. Glades County Solid Waste Tipping Fees County Manager Taylor recommended that the Board begin to review this study and decide on amount for the tipping fee no later than July 31 st. He stated these fees would need to be a part of the budget. He stated on April 4, 2011 the Waste Management fee for hauling from the Transfer Station would increase to $40.00/ton. He stated a fee of $77.00/ton had been recommended in the study. He reminded the Board that discounts had been given to the City of Moore Haven in the past. Chairman Echols commented on the figures in the study. He stated it was difficult to get a clear picture of what was taking place at the landfill. He stated Glades County did not have the population to open another cell. He stated the current fee of $28.43/ton would 7
not be sufficient once Waste Management raised their fee to $40.00/ton. He stated the fee would need to be at least $61.00 - $62.00/ton. He stated he felt the Board needed to adhere to the recommendations in the study. 9. Emergency Management: EMPG Grant Increase and County Match Angie Snow, Emergency Management Director, stated the EMPG grant had increased to $37,063.00. She stated this was the only matching grant she had in Emergency Management and requested that the County approve the grant and increase the Emergency Management s budget by $10,193.00 in order to fund the County s portion of the grant. ON MOTION of Vice Chairman Jones seconded by Commissioner Beck the Board approved the 2010 2011 EMPG grant and increased the County s matching portion by $10,193.00. CONSTITUTIONAL OFFICERS 10. Certificate of Participation Edward Byrne Memorial Justice Assistance Grant Stuart Whiddon, Glades County Sheriff, stated the Byrne Grant had increased this year to $79,000.00. ON MOTION of Vice Chairman Jones seconded by Commissioner Beck the Board approved the participation in the Florida Department of Law Enforcement s Edward Byrne Memorial Justice Assistance Grant Program. 11. USDA State Housing Preservation Grant Erica Villafuerte, SHIP Coordinator, stated the USDA State Housing Preservation Grant allowed for rural assistance to repair/rehabilitate homes throughout the County. She stated the award ceiling was $100,000.00 per entity. She stated this was a competitive grant and would close June 28 th. She requested approval from the Board to proceed with the application. ON MOTION of Commissioner Beck seconded by Commissioner Storter Long the Board approved the USDA Housing Preservation grant application for submission and authorized the Chairman to sign. Clerk of the Circuit Court Joe Flint, Clerk of the Circuit Court, gave the Board following proposed budget workshop dates: 8
Thursday, July 15 th at 9:00 a.m. Thursday, July 22 nd at 9:00 a.m. Monday, July 26 th at 6:00 p.m. to adopt the tentative millage (Regular night meeting) It was the consensus of the Board to accept these dates for budget workshops. COUNTY ATTORNEY There was no discussion. COUNTY MANAGER There was no discussion. DEPARTMENT HEADS E-911 Coordinator Terri Helfinstine, E911 Coordinator, stated Senate Bill 732 became law on Thursday, June 3, 2010. She handed out a copy of the bill (Exhibit D ). She stated this bill would require all dispatchers to obtain State Certification by October 1, 2012. She stated that dispatchers working now that had been employed for three years since July 2007 through October 2010 would have the opportunity to be certified under the grandfather clause. She stated the E911 budget would be impacted since the fees for certification would come out of this budget. She stated she would be attending a workshop on June 23 rd & 24 th regarding the impacts of this bill. Bob Jones, Public Safety Director, stated he would be working with the Sheriff s Office with regards to the training. He stated there were several employees who may be able to become instructors which would allow for some of the training to take place inhouse. Commissioner Beck asked how long it would take the dispatchers to obtain certification. Mr. Jones stated certification required 240 hours of instruction. He stated this would take approximately 1 year to accomplish. He stated the Legislature would be readdressing Emergency Medical Dispatching (EMD) in next year s session. Commissioner Beck suggested Mrs. Helfinstine and Mr. Jones remain proactive with this issue. Mr. Jones stated Mrs. Helfinstine had already met with representatives from Metro Dade, Dade, and St. Lucie counties regarding implementation of a plan. He stated these counties already had plans approved by the State. He stated these counties were already doing in-house instruction. Commissioner Storter Long thanked Mrs. Helfinstine and Mr. Jones for their efforts in keeping the Board informed of upcoming changes within their departments. PUBLIC INPUT ON NON-AGENDA ITEMS 9
Forest Michael, Michael Design Associates, Inc., of Winter Park addressed the Board regarding improvements on Curry Island. He stated the asphalt pavers would arrive at Curry Island in approximately one month. He stated the National Scenic Trail could put too much asphalt on Curry Island to maintain any resemblance of a wilderness park and trail head experience. He stated the paving element could still be scaled back and the funds could be used a little more wisely to complete the trail head. He offered his services to make sure the plan continued to unfold in a smooth manner. Chris Chesley, resident of Lakeport, asked again why the Chairman of the Board would not be signing the Curry Island Lease agreement with South Florida Water Management District. Chairman Echols reminded Mr. Chesley that this time was for comments only. Mr. Chesley asked the question again. Chairman Echols rapped the gavel and called the meeting to order. COMMISSIONERS ITEMS AND COMMENTS Commissioner Storter Long commented on the EAR supplemental that was given out this morning during the meeting. She explained that she did not believe this was fair to the Board. She stated the lease with Lykes Brothers on the landfill site restricted the importation of out of county waste. She questioned taking in out of county waste at the transfer station. County Manager Taylor stated he believed the County could legally bring in out of county waste since the operation was now that of a transfer station and not a landfill. Attorney Pringle stated several documents were associated with the operation of the landfill. He stated there was a deed restriction and a contract with Waste Management. He stated he would review the documents and inform the Board of their choices prior to the budget workshops. Commissioner Storter Long stated she understood that the Board could authorize a designee to sign agreements, contracts, etc. in place of the Chairman. Attorney Pringle stated this was correct. Chairman Echols commented on attending the Leadership Award presentation in Fort Lauderdale. He stated it had been a pleasure and honor to see County Manager Taylor receive the award. He stated the Memorial Day weekend services at Ortona went very well. He stated Larry Luckey had done an excellent job as Master of Ceremony. Vice Chairman Jones agreed. He thanked Raoul Bataller, Hendry Glades Sunday News and Nena Bolan, Glades County Democrat, for their coverage of County Manager Taylor s award ceremony in Fort Lauderdale. ADJOURNMENT ON MOTION of Commissioner Beck seconded by Vice Chairman Jones the Board moved to adjourn the meeting. 10
Motion carried by 4-0 vote. There being no further discussion, Chairman Echols adjourned the meeting at 10:15 a.m. ATTEST: Russell Echols, Chairman Joe Flint, Clerk of the Circuit Court Approved: June 28, 2010 THESE MINUTES ARE NOT A VERBATIM RECORD. TAPES ARE AVAILABLE FOR ANYONE INTERESTED IN LISTENING TO THE ENTIRE MEETING. 11