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					                   BOARD OF COUNTY COMMISSIONERS
                          312 NW 3RD STREET
                        OKEECHOBEE, FLORIDA
                              863-763-6441
                            863-763-9529 Fax

                                   AGENDA

                              OCTOBER 23, 2008

                                    9:00 a.m.

                         CLIF BETTS, JR. – CHAIRMAN

RAY R. DOMER – 1ST VICE CHAIR                          NOEL CHANDLER
ELVIE POSEY – 2ND VICE CHAIR                         MARVIN WHERRELL
________________________________________________________________________
Lyndon L. Bonner                                        John D. Cassels, Jr.
County Administrator                                      County Attorney
________________________________________________________________________
BUSINESS:

Public Comment

1.    Consent Agenda: Recommend that the BOCC approve the consent agenda as
      presented.
      a.     Lease Agreement between Okeechobee County and SEB 500, LLC for
             Rental Property Located at 500 NW 6th Street, Office of Okeechobee
             County Capital Improvements, Tourist Development and Solid Waste
             Departments
      b.     Approval of Minutes – September 11, 2008 Regular Session
      c.     Approval of Minutes – September 25, 2008 Regular Session
      d.     Approval of Minutes – September 25, 2008 Public Hearing
      e.     Approval of Minutes – October 6, 2008 Special Meeting
      f.     Approval of Warrants
      g.     FY 2008-2009 Budget Amendment and Resolution

2.    Public Hearings/Time Certains:
      a.     9:00 a.m. Employee Service Awards
      b.     9:20 a.m. Pat Daum – Proclamation – New Horizon’s 50th Anniversary
             Celebration
      c.     9:30 a.m. Linda Syfrett – Okeechobee County Fair Association, Inc.
      d.     9:45 a.m. Applied Technology & Management, Inc. Presentation for the
             Redevelopment of the Okee-Tantie Campground & Marina
       e.     5:01 p.m. – Public Hearing – To Consider an Amendment to the County’s
              Land Development Regulations, Specifically to Consider the Adoption of
              Landscape Regulations

3.     General Business:
       a.    Alderman Building Exterior Upgrades Okeechobee County Project No.
             2007-22 Change Order No. 1
       b.    Okee-Tantie “BLAST”
       c.    Rental Fees for Mobile Ticket Booth
       d.    Christmas in the Country
       e.    Approval of Non-Exclusive Franchise Agreement with Emmick & Sons,
             Inc. for Roll-Off Collection Services
       f.    CDBG, Douglas Park Engineering, Craig A. Smith & Associates
       g.    January 8, 2009 & April 23, 2009 BOCC Meetings
       h.    Special Use of the Health Department Auditorium
       i.    Law Enforcement Liability Insurance Renewal

4.     Staff Reports:

5.     Commissioner Reports:




Any person deciding to appeal any decision by the BOCC with respect to any matter
considered at this meeting or hearing will need to ensure that verbatim record of the
proceedings is made and that the record includes the testimony and evidence upon which
the appeal will be based.
                                  PROCLAMATION


       WHEREAS, New Horizons is our community mental health center and has been
serving the residents of Okeechobee, St. Lucie, Indian River and Martin Counties for fifty
years;

       WHEREAS, New Horizons was founded in 1958 by a small group of citizens
who were concerned about the lack of mental health services in our community. From
this humble beginning, New Horizons has become the primary provider of behavioral
health services for adults and children in four counties and now serves a population of
more than 468,000;

        WHEREAS, New Horizons touched the lives of more than 9,000 men, women
and children last year through inpatient services, outpatient services, counseling and
referrals;

       WHEREAS, New Horizons Outpatient Center in Okeechobee provides quality
care and treatment for the men, women and children of Okeechobee;

       WHEREAS, during this golden anniversary year, the organization continues to
evolve and meet new challenges. New Horizons is conducting 4 Our Kids, a four-county
capital campaign to build a desperately needed children’s crisis center and the
Okeechobee Friends of New Horizons are actively supporting this campaign.

      NOW, THEREFORE, I, Clif Betts, Jr., Chairman of the Okeechobee Board of
County Commissioners, hereby issue this Proclamation designating October 25, 2008 as
New Horizon’s 50th Anniversary Celebration in Okeechobee County.

       ISSUED this 23rd day of October, 2008.

                                                    ______________________________
                                                    Clif Betts, Jr., Chairman
                                                    Board of County Commissioners
ATTEST:


_________________________________
Sharon Robertson, Clerk
Board of County Commissioners
                                                                         Item:
                                                                         Page 1 of 3

                   Okeechobee Board of County Commissioners
                              Executive Summary

Subject: Pat Daum - Proclamation - New Horizon's 50th Anniversary Celebration

DATE OF MEETING: October 23, 2008

                 Regular Meeting             Special Meeting             Staff
Report Only

BUDGET IMPACT:

       Annual        FUNDING SOURCE:
       Capital
       N/A           EXPENDITURE ACCOUNT:

REQUESTED ACTION: That the BOCC issue a Proclamation designating October 25,
2008 as New Horizon's 50th Anniversary Celebration in Okeechobee County

HISTORY/FACTS/ISSUES:
Ms. Daum, Director of Development, New Horizons, has requested the BOCC issue a
Proclamation designating October 25, 2008 as New Horizon's 50th Anniversary
Celebration in Okeechobee County.




________________________________________________________________________
________________
DEPARTMENT RECOMMENDATION: See above.


DEPARTMENT HEAD SIGNATURE:
COUNTY ADMINISTRATOR RECOMMENDED ACTION:


ACTION TAKEN BY THE BOARD:
     DATE:
                                                                            Item:
                                                                             Page 1 of 7

                    Okeechobee Board of County Commissioners
                               Executive Summary

Subject: Linda Syfrett - Okeechobee County Fair Association, Inc.

DATE OF MEETING: October 23, 2008

                 Regular Meeting               Special Meeting              Staff
Report Only

BUDGET IMPACT:

       Annual         FUNDING SOURCE:
       Capital
       N/A            EXPENDITURE ACCOUNT:

REQUESTED ACTION: That the BOCC receive comments from Ms. Syfrett
concerning the Okeechobee County Fair Association and the State of the Fair Report.

HISTORY/FACTS/ISSUES:
Ms. Syfrett will provide the BOCC an overview of the County Fair, with financials, for
2007-2008.




________________________________________________________________________
________________
DEPARTMENT RECOMMENDATION: See above.


DEPARTMENT HEAD SIGNATURE:

COUNTY ADMINISTRATOR RECOMMENDED ACTION:
ACTION TAKEN BY THE BOARD:
     DATE:
                                                                          Item:
                                                                          Page 1 of 3

                    Okeechobee Board of County Commissioners
                               Executive Summary

Subject: January 8, 2009 & April 23, 2009 BOCC Meetings

DATE OF MEETING: October 23, 2008

                 Regular Meeting              Special Meeting             Staff
Report Only

BUDGET IMPACT:

       Annual        FUNDING SOURCE:
       Capital
       N/A           EXPENDITURE ACCOUNT:

REQUESTED ACTION: That the BOCC cancel or reschedule the January 8, 2009 &
April 23, 2009 BOCC meetings.


HISTORY/FACTS/ISSUES:
Commissioners Betts, Chandler and Wherrell are scheduled to attend the ACC classes in
Gainesville on January 8 & 9, 2009 and April 23 & 24, 2009.

January and April 2009 calendars are attached for your convenience.




________________________________________________________________________
________________
DEPARTMENT RECOMMENDATION: Defer to Board


DEPARTMENT HEAD SIGNATURE:

COUNTY ADMINISTRATOR RECOMMENDED ACTION:
ACTION TAKEN BY THE BOARD:
     DATE:
Item:
                                                                   Page    1    of 30
                     Okeechobee Board of County Commission
                              Executive Summary

Subject: Approval of Non-Exclusive Franchise Agreement with Emmick & Sons, Inc.
for Roll-off Collection Services.

DATE OF MEETING: 10-23-2008

   X     Regular Meeting          Special Meeting              Staff Report Only

BUDGET IMPACT:

        Annual       FUNDING SOURCE:
        Capital
        N/A          EXPENDITURE ACCOUNT:

REQUESTED ACTION: Request the Board’s approval of a Non-Exclusive Franchise
Agreement with Emmick & Sons, Inc. for Roll-off Collection Services and authorize the
Chairman to execute a one (1) year Contract under the same terms and conditions as
defined in the original Non-Exclusive Franchise Agreement.

HISTORY/FACTS/ISSUES:
On February 9, 2006, the County entered into a Non-Exclusive Franchise
Agreement with Emmick & Sons, Inc. to provide Roll-off Collection Services in the
event Waste Management, Inc. was unable to provide Roll-off Collection Service
within the required twenty-four (24) hour time period. As of September 30, 2008, all
additional renewal options of the original Non-Exclusive Franchise Agreement with
Emmick & Sons, Inc. has expired.

Emmick & Sons, Inc. has provided all necessary documents and meets the County
requirements as outlined in Section 49-23 "Regulation of Collectors" of the Solid
Waste Ordinance of Okeechobee County. Since February 2006, Emmick & Sons,
Inc. has provided a reliable back-up collection service and continued to follow all
rules and conditions of the County.
________________________________________________________________________
________________
DEPARTMENT RECOMMENDATION: Recommend the Board approve and
authorize the Chairman to execute a one (1) year Non-Exclusive Franchise
Agreement with Emmick & Sons, Inc. to provide Roll-off Collection Services as
defined in Section 49-23 of the Solid Waste Ordinance of Okeechobee County.

DEPARTMENT HEAD SIGNATURE:

COUNTY ADMINISTRATOR RECOMMENDED ACTION:
ACTION TAKEN BY THE BOARD:
     DATE:
                                                                           Item:
                                                                           Page 1 of 2

                    Okeechobee Board of County Commissioners
                               Executive Summary

Subject: Special Use of the Health Department Auditorium

DATE OF MEETING: October 23, 2008

                 Regular Meeting              Special Meeting              Staff
Report Only

BUDGET IMPACT:

       Annual        FUNDING SOURCE:
       Capital
       N/A           EXPENDITURE ACCOUNT:

REQUESTED ACTION:

HISTORY/FACTS/ISSUES:
Becky Posey, Healthy Start, has requested the use of the Health Department Auditorium,
as in the past, for a yard sale on Wednesday, November 26, 2008 from 8 am - 3 pm.




________________________________________________________________________
________________
DEPARTMENT RECOMMENDATION: Defer to Board


DEPARTMENT HEAD SIGNATURE:

COUNTY ADMINISTRATOR RECOMMENDED ACTION:
ACTION TAKEN BY THE BOARD:
     DATE:
                                                                            Item:
                                                                             Page 1 of 1

                     Okeechobee Board of County Commission
                              Executive Summary

Subject: Christmas in the Country

DATE OF MEETING: 10/23/08

                 Regular Meeting              Special Meeting               Staff
Report Only

BUDGET IMPACT:$2,500

       Annual        FUNDING SOURCE:BOCC Promotions
       Capital
       N/A            EXPENDITURE ACCOUNT:001-01-511-00-4800

REQUESTED ACTION: Board Approval to proceed

HISTORY/FACTS/ISSUES:
At the 10/9/08 Regular BOCC Agenda Meeting, Mr Bonner discussed Administration's
concept to host a County sponsored Christmas Holiday Event at the Agri-Civic Center.
Working in conjunction with Okeechobee Main Street, the festivities would include a
Tree Lighting Ceremony, Hay Rides, Pony Rides, Christmas Ground Light Displays,
several Bounce Houses and Entertainment provided by a local Disc Jockey. Food and soft
drinks will be sold by area vendors and non-profit organizations wishing to participate.
So as not to compete with any locally planned Christmas programming, the event will
take place on 12/4/08, beginning at 6 P.M. and will close at 9 P.M.




________________________________________________________________________
________________
DEPARTMENT RECOMMENDATION: Board approve and direct staff to continue
with event coordination.


DEPARTMENT HEAD SIGNATURE:

COUNTY ADMINISTRATOR RECOMMENDED ACTION:
ACTION TAKEN BY THE BOARD:
     DATE:
                                                                              Item:
                                                                               Page 1 of 1

                      Okeechobee Board of County Commission
                               Executive Summary

Subject: LAW ENFORCEMENT LIABILITY INSURANCE RENEWAL

DATE OF MEETING: October 23, 2008

         X Regular Meeting                          Special Meeting
Staff Report Only

BUDGET IMPACT: Additional unbudgeted $20,040 expenditure in Public Safety
Fund

 X    Annual          FUNDING SOURCE: Ad Valorem Taxes
      Capital
      N/A             EXPENDITURE ACCOUNT:103-53-521-00-4500

REQUESTED ACTION: That the BOCC make a determination as to whether they want
to continue to carry Law Enforcement Liability Insurance in addition to what the Sheriff
already carries.

HISTORY/FACTS/ISSUES:
Hunt Insurance Group, Inc., (Sheriff’s insurance carrier) notified the County of the
renewal for “Additional Covered Member” totaling $20,040.00. This cost is 10% of the
sheriff’s annual contribution to the Florida Sheriffs’ Self-Insurance Fund (FSSIF). This is
a 19.84% or $4,960 decrease below FY07/08.

Law Enforcement Liability coverage is beneficial to the County in that it is not
uncommon for the plaintiff’s attorney to bring suit against both the County Sheriff and
the Board of County Commissioners.

The “Additional Covered Member” coverage will protect the County if we are sued in an
action against the Sheriff in which we have no individual negligence or involvement. In
most cases, unless there is separate negligence of the County, the claim against the
county can be dismissed. The coverage under FSSIF will provide a defense in these
cases for the County and will pay any judgment rendered against the County.

The BOCC can “self-insure” and take on the defense attorney costs should he need
arise and not spend the additional $20,040.



________________________________________________________________________
________________
DEPARTMENT RECOMMENDATION: That the BOCC not incur the expense.


DEPARTMENT HEAD SIGNATURE:

COUNTY ADMINISTRATOR RECOMMENDED ACTION:


ACTION TAKEN BY THE BOARD:
     DATE:
                                                                         Item:
                                                                          Page 1 of 1

                     Okeechobee Board of County Commission
                              Executive Summary

Subject: CDBG, Douglas Park Engineering, Craig A. Smith & Associates

DATE OF MEETING:10/23/2008

       x Regular Meeting                 Special Meeting                     Staff
Report Only

BUDGET IMPACT: $33,535

       Annual         FUNDING SOURCE:CDBG Hurricane Disaster Recovery
     x Capital
       N/A            EXPENDITURE ACCOUNT:127-01
REQUESTED ACTION: Authorize the County Administrator to approve and
execute an amendment to the engineering contract with Craig A. Smith and
Associates for the Douglas Park Stormwater Improvements Phase II. The total fee
increase of $33,535 is to be paid by the 2004 Hurricane Disaster Recovery CDBG
grant. The amendment will include additional services to expand the construction
project, primarily on NE 16th Avenue.

HISTORY/FACTS/ISSUES:
The County contracted Craig A. Smith and Associates to do the engineering work
on the Douglas Park Stormwater Improvements Phase II. That total fee is $82,652
including utility locates, a basin study, soil borings, survey, and permitting. The
CDBG project originally had a construction budget of $463,000.

The County amended the CDBG budget to transfer remaining property acquisition
and street paving funds into the Dougls Park stormwater project. The County
executed a $545,824.50 construction contract with Sheltra and Son Construction.
One change order of $18,010.00 is being prepared for that contract. A total of
$157,769.11 is currently remaining in the CDBG grant, which can be used for
addition construction and engineering for Douglas Park stormwater improvements.

Additional stormwater infrastructure work is needed on NE 16th Avenue, and
additional driveway culverts are also needed, especially on NE 17th Avenue.

Craig A. Smith and Associates has proposed to do the additional engineering for the
expanded project scope, which will include survey and permitting, for a total sum of
$33,535.
Deborah Belcher has compared Craig A. Smith and Associates' revised total
engineering fee with the USDA engineering fee table, used by the CDBG program.
The proposed fee increase will result in a total fee that is still within the CDBG
payment limits.

The final total construction budget for Douglas Park Stormwater Phase II will be
$688,068.61

DEPARTMENT RECOMMENDATION:Same as above.

DEPARTMENT HEAD SIGNATURE:

COUNTY ADMINISTRATOR RECOMMENDED ACTION:


ACTION TAKEN BY THE BOARD:
     DATE:10/23/08

				
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