MINUTES OF THE GLADES COUNTY BOARD OF COUNTY COMMISSIONERS MEETING ON MONDAY, FEBRUARY 23, 2009 AT 6:00 P.M. IN THE COUNTY COMMISSIONERS MEETING ROOM, GLADES COUNTY COURTHOUSE, MOORE HAVEN, FLORIDA The Glades County Board of County Commissioners met on Monday, February 23, 2009 at 6:00 p.m. with the following Commissioners present: Russell Echols, Chairman K.S. Butch Jones, Vice Chairman Donna Storter Long Robert Giesler Paul Beck Others present: Julie Mann Braddock, Administrative Secretary Wendell Taylor, County Manager Richard Pringle, County Attorney Larry Hilton, Community Development Director Dale Milita, Craig A. Smith & Associates Connie Vanassche, Craig A. Smith & Associates Gail Jones, Glades County Tax Collector LaTosha Reiss, Emergency Management Angie Snow, Emergency Management Director Bob Jones, Public Safety Director Gary Ritter, South Florida Water Management Missie Barletto, South Florida Water Management Stuart Whiddon, Glades County Sheriff Erica Villafuerte, SHIP Coordinator Mary Lois Biggs, EMT John Biggs, EMT Pastor Thom Street & wife Raoul Bataller, Hendry Glades Sunday News Nena Bolan, Glades County Democrat Doug Manke, Glades County Road Department Avant Brown, Glades County Road Superintendent 4 citizens Chairman Echols called the meeting to order at 6:00 p.m. OPENING PRAYER Commissioner Storter Long gave the invocation. OPENING PLEDGE Commissioner Gielser led the Pledge of Allegiance to the Flag.
AMENDMENTS TO THE AGENDA Chairman Echols added the Emergency Ordinance implementing a burn ban under Public Hearings as 3A. ON MOTION of Vice Chairman Jones seconded by Commissioner Beck the Board approved the amendment to the agenda. PRESENTATIONS/AWARDS 1. Presentation: Pastor Thom Street Chairman Echols stated Pastor Thom Street had started the HAM Radio Volunteer Group for Emergency Management in 2003. He stated Pastor Street had been a HAM Radio operator and volunteer for years in Glades County as well as other counties. He stated Pastor Street had been nominated by Glades County Emergency Management for Volunteer of the Year and had competed with nominees from all 67 Florida counties. He stated on February 11, 2009 at the Florida Emergency Preparedness Association s Annual Meeting Pastor Street had been honored as Volunteer of the Year. He stated Glades County was proud of Pastor Street and honored to have him as a citizen. He asked that Pastor Street come forward. He presented him with a plaque and read the inscription into the record. 2. Presentation: LaTosha Reiss Chairman Echols stated LaTosha Reiss had received her Florida Associate Emergency Manager s Certification at the Florida Emergency Preparedness Association Award Luncheon in Orlando on February 11, 2009. He stated Ms. Reiss had completed 25 general classes, 25 Emergency Management Training hours as well as 3 Professional contributions and 2 disaster exercise experiences. He stated Ms. Reiss has accumulated over 381 hours of total training, 6 professional contributions, 2 exercises and 2 disasters. He stated this was a great example of employees going the extra mile to get these certifications. He asked Ms. Reiss to come forward. He presented her with a plaque and read the inscription into the record. PUBLIC HEARINGS 3. Public Schools Facilities Element Larry Hilton, Community Development Director, asked that this item be continued until the March 10, 2009 meeting so that the School Board could meet and provide input before he presented this issue to the Board. ON MOTION of Commissioner Beck seconded by Vice Chairman Jones the Board continued the Public Schools Facilities Element Amendment Adoption until the March 10, 2009 meeting. 2
3A. Emergency Ordinance: Burn Ban Attorney Pringle asked that this item be added for the Board s consideration regarding the implementation of an Emergency Ordinance pursuant to Florida Statute 125.66 (3). He explained the procedure described in the Statute. He handed out a copy of the proposed Ordinance (Exhibit A ). He stated according to information provided by Mr. Jones and County Manager Taylor he believed there was an emergency situation present with regard to the risk of fires in Glades County. He referred to Ordinance No. 2008 1 which discussed the banning of certain types of outdoor burning. He stated there was a subsection in this Ordinance that authorized the Board to come back and implement a band on all burning in the County. He read the title of the Emergency Ordinance into the record. Chairman Echols called for public comment. There was none. ON MOTION of Vice Chairman Jones seconded by Commissioner Storter Long the Board adopted Ordinance No. 2009 3 an Emergency Ordinance providing for the implementation of Section 4 of Glades County Ordinance No. 2008 1 to implement the banning of all outdoor burning because of the existence of emergency conditions. Bob Jones, Public Safety Director, stated the drought index for Glades County was presently at 700. He stated there had been 2 major frosts within the county which had killed a lot of the undergrowth. He stated the State had issued about 10 red flag warning days this month. He stated there had been 6 brush fires within the past 2 weeks: 3 in Muse, 1 in Ortona, and 2 in Palmdale. He stated there had been 3 brush fires today alone. He stated Glades County had assisted with a 475 acre fire in the Pioneer area. He stated the County Manager, all of the District Chiefs, the Battalion Chiefs, and the Public Safety Department were in agreement with the implementation of a burn ban. Commissioner Beck questioned the use of gas or charcoal grills outdoors. Mr. Jones clarified that grills were not included in the burn ban. Attorney Pringle referred to the Ordinance and stated that according to Section 3 page 2, a bar-b-que grill would be considered a contained fire and therefore excluded from the Ordinance. CONSENT AGENDA ITEMS 4. A. Approved County Warrants. (Exhibit B) General Fund : 59228 29351 EMS Award Grant: 1849 1852 Intergovernmental Radio: 10114 Law Enforcement Trust Fund: 1060 Courthouse Facilities: 1287 SHIP: 1365 3
B. Approved minutes of the February 10, 2009 Regular Meeting. C. Acknowledged receipt of Port LaBelle Community Development District s Meeting Schedule. D. Authorized Chairman to sign the Certificate of Acceptance for the Edward Byrne Memorial Justice Assistance Grant. E. Approved payment in the amount of $253,080.00 to Wright Construction Group for WWTP MBR Expansion. F. Authorized Joe Flint, Clerk of Court, to donate obsolete computers to the following counties: Washington County, Calhoun County, and Liberty County. ON MOTION of Commissioner Beck seconded by Vice Chairman Jones the Board approved the Consent Agenda items. PUBLIC INPUT ON AGENDA ITEMS There was no discussion. BUSINESS AGENDA 5. Code Enforcement Action Larry Hilton, Community Development Director, stated the area known as Washington Park was a part of the County that was dilapidated, run down and in serious need of Code Enforcement action. He stated the Code Enforcement Officer had done a complete study of the condition of 133 lots and homes in the area. He stated there were 26 homes on 24 lots that were not fixable. He stated there were also 33 lots that were overgrown or had debris on them. He stated Notices had been sent to all of these property owners asking them to voluntarily comply. He stated the Code Enforcement Office would work with the property owners on their schedule, if they were reasonable. He stated if the property owner did not respond to the Notice their case would be taken before Judge Lundy. He stated Judge Lundy would more than likely impose fines and a deadline for cleanup. He stated if the property owner did not comply after the court appearance, a daily fine would begin to accumulate and continue until the property was in compliance. He stated eventually the fines would exceed the value of the lot and at that time the County could foreclose on the property. He stated the County would then own the lot and could clean the property up. He asked for direction from the Board. He referred to the report that had been prepared and stated the estimate for the cost of removing a wood frame home was $3,500.00. He stated the value of a vacant lot was presently less than $2,000.00. Commissioner Beck commended Mr. Hilton on the thoroughness of the report. He expressed concern with taking these people to court. He stated this was a wide spread situation in Washington Park. He stated the Board had done cleanups out in the area 2 or 3 times in the past and they had not lasted. He suggested that the Board get with some of the community leaders and get some longevity on the cleanup and perhaps get a little community spirit involved. He suggested having the County provide equipment 4
at a drop off point to haul off the debris. He expressed concern with the proposed actions and stated he felt these actions would generate a lot of resentment towards the Board. He stated taking the property owners to court and foreclosure of the properties would cost the County additional money. He stated he would like to avoid hostilities and would like to try and work with the members of the community to clean up the area before taking their property. He expressed concern with the drainage problems in the Washington Park area. He suggested a public works project to put drainage swells in the right-of-ways and bring them out to CR 720. He stated he felt this would eliminate a lot of the drainage problems. He commented on the height of the build up for the septic tanks for the newer homes and stated a municipal sewer system in Washington Park would solve this issue. He stated the cost per lineal foot of sewer service in a congested area like Washington Park would be cost efficient. He expressed concern with the substantial amount of money was that was going to be spent by the County on a Pavilion in Washington Park that would be constructed on School Board property on which the RCMA held a 99 year lease. Vice Chairman Jones stated Washington Park had been platted as a subdivision in 1917 when the property was still a part of DeSoto County, 4 years before Glades County existed. He stated he was not sure why the plat had not addressed drainage. He stated the area had been in his district since 1992. He stated his predecessor had done 2 stash the trash cleanups in the years prior to him taking office. He stated the County Road Department had assisted with these cleanups and the costs had been substantial. He stated after each cleanup the area had reverted back to previous conditions. He stated a lot of the junk had been left on vacant lots and did not belong to the property owners. He stated the Community Association had approached him again about doing another cleanup and he had indicated to them that he did not feel that the Board would agree. He stated he had explained to them that if they wanted to help themselves, he would gladly approach the Board with the issue. He stated he had asked the Board that was seated at the time for a bush hog and a John Deere riding tractor from the Road Department. He stated the County had phased the bush hog and tractor out of County property ownership and donated the equipment for use by the Washington Park Community leaders to maintain the cleanup. He stated the Board had agreed and helped with yet another cleanup. He stated within 1 year no one knew where the bush hog or tractor had gone. He stated Palmdale, Buckhead Ridge, Lakeport, and several other communities had been cleaned up at that same time. He stated he did not know what the solution to the problem was, but the Board would be looking at spending at least $100,000.00. He stated the Community leaders had indicated that if some improvements were made in Washington Park, they would have something to take pride in. He stated since he had been in office all of the roads had been paved, a basketball court had been constructed, and a Pavilion was now being constructed. He stated he was not sure how the Board could rectify such a repetitive situation. Commissioner Giesler stated according to the report a lot of these lots were not even owned by Glades County residents. He agreed with Vice Chairman Jones. He stated 5
people had to help themselves and until they did he felt the County would simply be throwing away money. Commissioner Storter Long thanked Mr. Hilton for his effort in preparing the report. She asked if Mr. Hilton had received any responses from the Notices that his office had sent out. Mr. Hilton stated he had and some people were going to clean up their lots themselves. Commissioner Storter Long asked if any of the property owners were willing to deed the County their property rather than having to go through court. Mr. Hilton stated he had not asked the property owners this question. He asked if this was something that could be done. Attorney Pringle stated he believed this could be done. Commissioner Storter Long asked if a controlled burn could be done in the area. She asked if there were delinquent taxes due on any of the properties. She asked how many of the lots/homes were owner occupied. Mr. Hilton stated he was not sure. Commissioner Storter Long stated the property owners needed to obey the laws. She stated she understood Commissioner Beck s concerns about hostility, however, how much more could the Board do? She stated she felt it was time for the property owners themselves to clean up the area. She stated Code Enforcement had been established to monitor situations like this one and enforce the rules. She stated the County was facing a lot of the same problems in Crescent Acres. Commissioner Beck stated Washington Park was a blighted neighborhood and if the Board did not have some type of long term vision and commitment in place he feared the people would not want to help themselves. He agreed that the area needed to be cleaned up, but questioned the method. He addressed the drainage situation again. He stated he believed that CDBG monies could be used for part of the cleanup. He suggested several ideas for improving the community. Commissioner Giesler stated the Board had asked Code Enforcement to put the report together for them and he felt that Code Enforcement should move forward with the action. Commissioner Storter Long stated the laws should be enforced, that was why the County had a Code Enforcement Office. Mr. Hilton stated if the community was cleaned up and the County continued aggressive Code Enforcement, the area would not go back to the way it was now. Chairman Echols stated he believed it to be the consensus of the Board to move forward with the cleanup of Washington Park. 6. Resolution: Tax Collector Budget System County Manager Taylor referred to a letter from Gail Jones, Tax Collector. The letter stated that every Tax Collector, whether newly elected or not, whose County charter did not specifically provide for a different method for the submission of the budget, must make a decision of the method of budget submission for the next four years beginning with the 2009-2010 fiscal year. He stated Mrs. Jones had requested that her budgeting 6
continue to go through the Board of County Commissioners. He stated this request was to be done as a written Resolution as per Section 145.022 of the Florida Statutes and Chapter 12D11.001(2)(a), FAC. ON MOTION of Commissioner Giesler seconded by Commissioner Storter Long the Board approved Resolution No. 2009-4 providing for budgeting of the Glades County Tax Collector. 7. Road Rankings for Stimulus Package County Manager Taylor referred to a list of roads that had been given to them in their packets. He asked that the Board rank these roads for the Florida Department of Transportation s consideration in the Federal Stimulus Package. He stated all of these roads were currently on the SCOP/SCRAP list. He stated the 2 low cost items were the last roads added: Ortona Road and Williams Road. He named the other roads on the list: CR 720 from the Hendry County line to US 27, CR 731 to CR 74 (Rainey Slough Road), and CR 74 from SR 31 to SR 29. Commissioner Storter Long asked Avant Brown, County Road Superintendent, if Williams Road in Ortona was still, in his opinion, the worst of these roads. Mr. Brown stated he believed this road was in very bad shape and would consider the road to be one of the worst in the County. Mr. Brown stated CR 74, if repaired, would also be widened under this project. He stated this would be a good road to put on the list because of its length. He reminded the Board that this road was also used as an evacuation route. Commissioner Storter Long ranked the roads as follows: 1. Williams Road 2. CR 74 from SR 31 to SR 29 3. CR 720 from the Hendry County line to US 27 4. CR 731 to CR 74 (Rainey Slough) 5. Ortona Road Commissioner Giesler ranked the roads as follows: 1. Williams Road 2. CR 74 from SR 31 to SR 29 3. CR 720 from the Hendry County line to US 27 4. CR 731 to CR 74 (Rainey Slough) 5. Ortona Road Chairman Echols ranked the roads as follows: 1. CR 74 from SR 31 to SR 29 2. CR 720 from the Hendry County line to US 27 3. CR 731 to CR 74 (Rainey Slough) 4. Williams Road 7
5. Ortona Road Vice Chairman Jones ranked the roads as follows: 1. Williams Road 2. CR 720 from the Hendry County line to US 27 3. Ortona Road 4. CR 74 from SR 31 to SR 29 5. CR 731 to CR 74 (Rainey Slough) Commissioner Beck ranked the roads as follows: 1. Williams Road 2. CR 74 from SR 31 to SR 29 3. CR 720 from the Hendry County line to US 27 4. CR 731 from CR 74 (Rainey Slough) 5. Ortona Road County Manager Taylor stated he would determine the ranking and let the Board know the results later in the meeting. ON MOTION of Commissioner Storter Long seconded by Commissioner Beck the Board ranked the County roads for the Florida Department of Transportation s consideration in the Federal Stimulus Package as determined by the Board. ** The rankings were as follows: 1. Williams Road 2. CR 74 from SR 31 to SR 29 3. CR 720 from the Hendry County line to US 27 4. CR 731 from CR 74 (Rainey Slough) 5. Ortona Road 8. Request for Bids: Pearce Canal Maintenance Dredging Project County Manager Taylor handed out a revised Public Notice and Request or Bids for the Pearce Canal Maintenance Dredging Project (Exhibit C ). Attorney Pringle explained the document to the Board. He stated he was still working on the Request for Bids document and would bring that document before the Board at a later date. ON MOTION of Commissioner Storter Long seconded by Commissioner Giesler the Board approved the Request for Bids for dredging of the Pearce Canal with the understanding that Attorney Pringle had the authority to revise the bid documents as the South Florida Water Management District desired. 8
County Manager Taylor stated the mandatory pre-bid conference would be held at 10:00 a.m. at the Buckhead Ridge Community Center. CONSTITUTIONAL OFFICERS There was no discussion. COUNTY ATTORNEY Attorney Pringle stated he had drafted an Ordinance regarding local bidder preference. He stated he had given County Manager Taylor a first draft, revisions were being made and he would present the document to the Board in the near future. Commissioner Storter Long stated a land owner in Muse had donated property to the County in 1982. She stated the property was west of Fire Department and contained a deed restriction stating that the property could only be used for a park. She stated because the property was located behind the Fire Department and was not the most desirable location for a park the land owner had mentioned that he would be willing to swap acreage that was located adjacent to CR 720. She asked if this swap was possible. Attorney Pringle stated he believed the property could be exchanged and he would research the issue and get back with Commissioner Storter Long. Commissioner Beck suggested asking the property owner to trade the deed restricted property for the 5 acres adjacent to the road. He stated the County could then trade the 5 acres for a piece of property that was in a more desirable location. COUNTY MANAGER County Manager Taylor read the road rankings for Item #7 above. (They are listed under Item #7). DEPARTMENT HEADS There was no discussion. PUBLIC INPUT ON NON-AGENDA ITEMS There was no discussion. COMMISSIONERS ITEMS AND COMMENTS 9. Discuss participation in the Chalo Nitka Parade Chairman Echols stated he had a buggy lined up for the Commissioners to ride on in the parade and candy was being purchased. He asked that all of the Commissioners meet at his home at 9:00 a.m. on Saturday, March 7, 2009. Commissioner Beck expressed concern again with the RCMA holding a 99 year lease on the piece of School property that the County was constructing the Pavilion on at Washington Park. He asked that Attorney Pringle obtain written permission from the RCMA to be on the property. 9
Attorney Pringle stated he would look into the issue. He stated he was a member of the Board of Directors for the RCMA and was their Corporate Secretary. He stated he was not sure if the legal description of the property that the RCMA leased included the Pavilion property or not. He stated if so, the lease could be modified to release the boundaries of this property. Commissioner Storter Long stated the County was still trying to seat someone on the Water Management District s Water Advisory Committee. She stated Mike Presley had agreed to serve last June. She stated Governor Crist would be interviewing 4 people who had applied for the Governing Board seat. She stated the following would be interviewed on Thursday: Roger Hatton from Clewiston; Joann Simmer from Estero; Greg Stewart from Cape Coral; and Robert A. Tony Wilson from Glades County. ADJOURNMENT ON MOTION of Commissioner Giesler seconded by Vice Chairman Jones the Board moved to adjourn the meeting. Motion carried by 5-0 vote. There being no further discussion, Chairman Echols adjourned the meeting at 7:00 p.m. ATTEST: Russell Echols, Chairman Joe Flint, Clerk of the Circuit Court Approved: March 10, 2009 THESE MINUTES ARE NOT A VERBATIM RECORD. TAPES ARE AVAILABLE FOR ANYONE INTERESTED IN LISTENING TO THE ENTIRE MEETING. 10