2024/07/11 09:00 AM Board of County Commissioners Regular Session - Web Outline (2024)

Chairman David Hazellief called the meeting to order. Pastor Emmaline Harris offered the invocation, after which Commissioner Bradley G. Goodbread led the Pledge of Allegiance.

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The County Property Appraiser has requested the Board issue a proclamation to Debbie Conroy recognizing her retirement.

Debbie Conroy has been employed with the Okeechobee County Tax Collector's office from March 19, 1979 to December 16, 1990 and Okeechobee County Property Appraiser's office from December 17, 1990 to July 11, 2024.

County Administrator recommends presentation of Proclamation.

County Administrator Deborah Manzo read while Chairman David Hazellief and Property Appraiser Mickey Bandi presented a proclamation to Ms. Debbie Conroy in recognition of her retirement after forty-five years of service in Okeechobee County.

Mr. Bandi stated that Ms. Conroy has been a dedicated member of the Property Appraisers Office since before he took office. They are going to miss her.

Chairman David Hazellief opened the meeting for Public Comments.

Local citizen Gregg Maynard addressed the Board and discussed the Independence Day fireworks event. This event was put together at the last minute. There is a lot that goes into organizing an event like this. He commended Assistant County Administrator - Community Services Denise Whitehead for helping put this event together. He also commended Agri-Civic Center Manager Chloe Willingham, Deputy Public Safety Director/Deputy Fire Chief Justin Hazellief, and Public Safety Director/Fire Chief Earl Wooten for their assistance. He also thanked Sheriff Noel Stephen for providing traffic assistance and cleaning crews.

Chairman David Hazellief thanked Mr. Maynard for putting together the event, and for all the many ways he serves the community. Commissioner Frank DeCarlo stated that Mr. Maynard is an invaluable resource to veterans. If anyone would like to help support the work he does, they can donate to his organization "Thank You For Your Service". Chairman Hazellief also commended County staff for all their work and assistance.

Local citizen James "Bo" Glover addressed the Board and stated that the heights of trees in Okeechobee are causing damage to RVs. The trees are supposed to be a certain height. He listed various places around the County where the trees are too low above the street. He asked for the County to address this issue. He also pointed out that there is a flashing light near Everglades Elementary even though school is not in session.

the Minutes from the June 6, 2024 BOCC Regular Session meeting.

the Minutes from the June 19, 2024 BOCC Regular Session meeting.

County Administrator recommends that the BOCC approve the Warrants list 2024-13.

Attached is a detailed report of the expenditures.

Okeechobee Senior Services has received the Community Care for the Elderly (CCE) grant through the Area Agency on Aging (AAA) of Palm Beach/Treasure Coast for many years. The proposed one (1) year grant agreement would provide for $172,430 in grant funding and the contract term would be July 1, 2024 through June 30, 2025.

Through the CCE grant, Okeechobee Senior Services provides case management and in-home services (including homemaking, personal care, respite and other support services) to seniors age 60 or above. These services enable seniors to remain in their home safely and prevent or delay the need for nursing home or other institutionalized care placement.

Note: The proposed new 2024-2025 CCE Standard Agreement, if approved, will provide funding that will impact the County's current FY 2024 Budget, as well as the proposed FY 2025 Budget. As a result, the current FY 2024 Budget will require a budget amendment to increase the current CCE revenues budgeted by $11,176 (for the remaining 3-months of the fiscal year). This funding is included within the total, new CCE grant funding ($172,430) that will be received within the new CCE Standard Agreement for FY 2025.

The County Administrator recommends that the Board of County Commissioners approve and authorize the Chairman to execute the Community Care for the Elderly (CCE) Standard Agreement (IC024-9400) in the amount of $172,430; and approve the Resolution; and the BA 24-20 in the amount of $11,176.

Okeechobee Senior Services has received the Home Care for the Elderly (HCE) grant through the Area Agency on Aging (AAA) of Palm Beach/Treasure Coast for many years. The proposed one (1) year grant agreement would provide for $59,290 in grant funding and the contract term would be July 1, 2024 through June 30, 2025.

For the remainder of this year, through the HCE grant, Okeechobee Senior Services would provide subsidies/stipends/reimbursem*nt for out-of-pocket expenses to provide for the basic support and maintenance of a resident age 60 or above by a qualified, full-time caregiver. This funding is intended to provide needed supervision and care in a family-type, private home setting as an alternative to nursing homes or other institutional care setting. HCE services will be expanding beginning October 2024 when GL supporting accounts and vendor contracts are in place.

Note: Although the proposed HCE contract amount is $59,290, only a portion of this funding will be paid to the County to support case management and in-home services. The majority of the funding will be paid directly to caregivers by the Area Agency on Aging (AAA).

The County Administrator recommends that the Board of County Commissioners approve and authorize the Chairman to execute the Home Care for the Elderly (HCE) Standard Agreement (IH024-9400) in the amount of $59,290 for the contract year July 1, 2024 through June 30, 2025.

Each year the State of Florida Department of Economic Opportunity (DEO) awards a Community Services Block Grant (CSBG) Subgrant to St. Lucie County who acts as the grant administrator and lead agency. Okeechobee County is allocated a portion of that grant as a Sub-Recipient through the Interlocal agreement with St. Lucie County (Action Item ID#3805) approved by the Board of County Commissioners on December 15, 2016.

The DEO mandates that St. Lucie County provide oversight and quality assurance relative to this grant. St. Lucie County does so through the Treasure Coast Community Action Agency (TCCAA). The TCCAA Advisory Board is composed of members from Okeechobee, Martin, and St. Lucie Counties. The TCCAA Advisory Board approves the annual allocations for each County.

The grant period for this agreement is July 1, 2024 to June 30, 2025. Okeechobee County will be reimbursed for services provided to qualified seniors up to $48,429.

This grant provides in-home supportive services, including homemaking, personal care, respite, emergency alert response system, and home-delivered meals for qualified Okeechobee County seniors. These services are intended to enable these seniors to remain in their homes and avoid premature nursing home placement.

The County Administrator recommends that the Board of County Commissioners accept the Community Service Block Grant (CSBG) in the amount of $48,429; and approve Resolution 2024-29 and the BA 24-21 in the amount of $9,772.

Okeechobee Senior Services has received the Alzheimer’s Disease Initiative (ADI) grant funding through the Area Agency on Aging (AAA) of Palm Beach/Treasure Coast for many years. The proposed one (1) year grant agreement would provide for $167,110 in grant funding and the contract term would be July 1, 2024 through June 30,2025.

Through the ADI grant, Okeechobee Senior Services provides case management services, homemaking, personal care, respite and other support services to seniors age 60 or above who have been diagnosed with Alzheimer’s disease or a related dementia. These services support the caregiver and enable seniors to remain in their home safely and prevent or delay the need for nursing home or other institutionalized care placement.

Note: The new 2024- 2025 ADI Standard Agreement will provide funding that will impact the County's current FY 2024 Budget, as well as the proposed FY 2025 Budget. As a result, the current FY 2023 Budget would require a budget amendment to increase the current ADI revenues budgeted by $52,509 (for the remaining 3-months of the fiscal year). This funding is included within the total, new ADI grant funding ($167,110) that will be received within the new ADI Standard Agreement for FY 2025.

The County Administrator recommends that the Board of County Commissioners approve and authorize the Chairman to execute the Alzheimer’s Disease Initiative (ADI) Standard Agreement (IZ024-9400) in the amount of $167,110; and approve the Resolution 2024-30; and the BA 24-22 in the amount of $52,509

On August 8, 2019 the Board approved a Lease Agreement between the County and Martha's House to begin August 12, 2019 for an initial five (5) year term with three (3) automatic renewals of five (5) years each between Martha's House and the County. This lease is for County owned property known in the County's Inventory Records as Site 35 A and said property was declared surplus in 2020 by Resolution and provided for lease on county owned property to a non-profit organization.

This Agenda Item is for approval of the First Renewal of Lease Agreement with all terms and conditions of the original lease remaining the same. Rent payment of $1.00 per year, the lessee is responsible for normal repair and maintenance of major building systems, County is responsible for replacement of repair were feasible.

Tenant is required to provide standard broad form of commercial liability and property damage insurance, worker's compensation, auto liability and directors and officers insurance coverage. Tenant agrees to pay non-ad valorem assessments. Tenant agrees to have an external audit prepared and submitted within 180 days of Tenant's fiscal year. Tenant agrees to maintain heating, air-conditioning, electrical, fire suppression and plumbing systems in working order and the same condition as on the first day of the term of this lease. County agrees to repair and replace all structural portions of the leased premises. There is a prohibition of assignment, transfer and subletting of this lease.

County Administrator recommends the Board approve and authorize the Chairman to execute the First Renewal Lease Agreement between Okeechobee County and Martha's House, Inc. for a renewal term lease of five (5) years beginning August 12, 2024 and terminating August 11, 2029.

In December of 2014, the Board of County Commissioners established the Crime Prevention Fund with a beginning balance of $243,267. This fund increases every year by an average of $23,604 (since FY2019) and has an available fund balance of over $224,731.

Florida Statute Section 775.083 (2) states in part, “The county, in consultation with the sheriff, must expend such funds for crime prevention programs in the county, including safe neighborhood programs under Section 163.501-163-523.

The Sheriff’s Office has a request that meets the definition of expenditures of these funds and is seeking crime prevention funds to purchase uniforms for our Public Safety Cadets. This will enable our Public Safety Cadets to participate in training scenarios and competitions which will enhance their knowledge of law enforcement standardized policies and procedures.

County Administrator recommends that the Board of County Commissioners approve a requisition in the amount of $2145 to support the Okeechobee County Sheriff's Office purchase of a uniforms; and approve Budget Transfer 24-116 from the Crime Prevention Trust Fund Reserves to Transfer to Constitutional Officer-Sheriff in the amount of $2145.

In December of 2014, the Board of County Commissioners established the Crime Prevention Fund with a beginning balance of $243,267. This fund increases every year by an average of $23,604 (since FY2019) and has an available fund balance of over $224,731.

Florida Statute Section 775.083 (2) states in part, “The county, in consultation with the sheriff, must expend such funds for crime prevention programs in the county, including safe neighborhood programs under Section 163.501-163-523.

The Sheriff’s Office has a request that meets the definition of expenditures of these funds and is seeking crime prevention funds to purchase various items to aid the agency in its efforts to connect with the residents and enhance it's efforts in community policing.

County Administrator recommends that the Board of County Commissioners approve a requisition in the amount of $9755 to support the Okeechobee County Sheriff's Office purchase of various items; and approve Budget Transfer BT24-118 from the Crime Prevention Trust Fund Reserves to Transfer to Constitutional Officer-Sheriff in the amount of $9755.

The Okeechobee County Sheriff's Office requested approval to submit a Certificate of Participation and application to the Florida Department of Law Enforcement for the Edward Byrne Memorial Justice Assistance (JAG) Grant in the amount of $97,780.00. Allocations are determined annually and must be applied for by the individual counties. The OCSO is the applicant and the Okeechobee County BOCC is the County Coordinator and recipient of this funding. At the Board's June 19 meeting, the Board approved and authorized the Chairman to execute the Certificate of Participation (see attached for review).

Deadline for application submission is October 2024. JAG county-wide awards will be approved for a six (6) to eighteen (18) month project period between October 1, 2024 and September 30, 2025.

These funds will be used to help offset the costs of the Okeechobee Narcotics Task Force by providing funds for leasing space in addition to updating surveillance equipment used by the Task Force.

The purpose of the JAG Grant is to obtain supplemental funding of $97,780 for the Okeechobee Narcotics Task Force needs in updating equipment and other services. The last JAG-Countywide grant that was awarded was FY2024 in the amount of $97,780.

The Okeechobee County Sheriff's Office entered into a purchase agreement to acquire a body worn camera system in the amount of $390,270.09.

The body worn camera system will be paid over five (5) years at an interest rate of 5.7268%; the full value must be recorded in the year acquired.

No additional money is being requested from the Board. The budget amendment strictly complies with generally accepted accounting principles related to purchases over time.

The OCSO is requesting the Board to approve the budget amendment in the amount of $390,270.09 to enable the Sheriff's Office to be in compliance with the reporting of capital assets and debt proceeds acquired through capital purchase.

In December of 2014 the Board of County Commissioners established the Crime Prevention Fund with a beginning balance of $243,267.00. This fund increases every year by an average of $23,604 (since FY2019) and has an available fund balance over $224,731.00.

Florida Statute Section 775.083 (2) states in part “The county, in consultation with the sheriff, must expend such funds for crime prevention programs in the county, including safe neighborhood programs under Section 163.501-163-523.

The Sheriff’s office has a request that meets the definition of expenditures of these funds. These items are: Project Lifesaver Bracelets.

Okeechobee Public Safety Department - Emergency Management has received the Emergency Management Preparedness and Assistance (EMPA) Grant through the Division of Emergency Management - State of Florida for many years. The proposed one (1) year grant agreement (A0434) would provide for $105,806 in grant funding and the contract term would be July 1, 2024 through June 30, 2025.

Note: The awarded EMPA Grant funding is reimbursed back to the County in accordance with the proposed Agreement.

The purpose of the EMPA grant is to provide state funds to assist local governments in preparing for all hazards as authorized by Section 252.373, Florida Statutes. Funds shall be allocated to implement and administer County emergency management programs, to support the following activities:

•Planning

•Organization

•Equipment

•Training

•Exercise

•Management and Administration

Note: This grant provides for a County match, which, according to Rule 27P-19.011, the County shall continue to provide other funding for the County's Emergency Management Agency at an amount equal to either: (1) the average of the previous three years' level of county general revenue funding of the County's Emergency Management Agency; or (2) the level of funding for the County's Emergency Management Agency for the last fiscal year, whichever figure is lower (Rule 27P-19.011, Florida Administrative Code).

The County Administrator recommends approval and acceptance of this grant.

On August 14, 2018, the Board of County Commissioners approved the Okeechobee County Airport's Master Agreement with AVCON, Inc., to provide Professional Services. Then on August 14, 2023 the Board approved a First Amendment to the Agreement.

This agenda item is at the request of Avcon to extend a second term through Augsut 14, 2025 due to the ongoing projects at the County Airport. Said 2nd Amendment extension is under the same terms and conditions as the original term.

The County Administrator recommends that the Board approve and authorize the Chairman to execute the Second Amendment to the Avcon Master Agreement for the Okeechobee County Airport's Professional Services.

On November 22, 2022 an administrative fine was assessed against Juliano M De Souza, Respondent, in the amount of $100.00 per day for code violations on the property (Case No.CE2010-0032). The Order was recorded in the public records of Okeechobee County, thus creating a lien upon property owned by the violator. A copy of the recorded Order is attached.

The property was brought into compliance on Friday, May 17, 2024. The amount of the fine which accrued during the total period of non-compliance was $54,200.00.

A Request for Reduction of Accrued Fine was received from Juliano M De Souza, who is the owner of real property located at 16276 NW 268th Street, Okeechobee, Florida 34972 ("Property").

A public hearing was held before the Special Magistrate on June 18, 2024 pursuant to Sections 2-195(b) and 2-197 of the Okeechobee County Code of Ordinances. The Special Magistrate heard testimony under oath from Juliano M De Souza, Code Enforcement Supervisor Beth Albert and Assistant County Attorney Chloe Berryman on behalf of the County, related to the factors delineated in Section 2-197(c).

The Special Magistrate made Findings of Fact, Conclusion of Law and recommended a reduction of the fine from $54,200.00 to $3,287,33 and its subsequent release upon timely payment.

As a result, it is recommended that the Board of County Commissioners consider approval of the following:

(A) Adopt the Code Enforcement Special Magistrate's Report and Recommendation as to Reduction Request filed by Juliano M De Souza; and

(B) Direct the Chairman to execute the attached Final Administrative Order which reduces the lien from $54,200.00 to $3,287.33 (provided that the amount is paid by 5:00 pm on Monday, August 12, 2024); and

(C) Direct the Chairman to execute a Release of Lien upon the timely payment of the reduced amount.

Note: Although the Special Magistrate may offer recommended reductions, the ultimate authority to determine the reduced fine amount, if any reduction is warranted, rests solely with the Board of County Commissioners.

As of submission of this agenda item, no exceptions were filed as to the Special Magistrate's Report and Recommendation, and none are expected.

If approved, the Final Administrative Order will be executed and recorded.

County Administrator recommends approval.

On April 12, 2024, an administrative fine was assessed against the property owners, Robert Ryan Townsend and Laura Emily Townsend, Respondent, in the amount of $100.00 per day for code violations on the property (Case No.CE2307-0079). The Order was recorded in the public records of Okeechobee County, thus creating a lien upon property owned by the violator.

The property was brought into compliance on Friday, May 10, 2024. The amount of the daily fine that accrued during the total period of non-compliance is $2,800.00.

A Request for Reduction of Accrued Fine was received from Robert Ryan Townsend, the owner of real property located at 1838 NW 312th Street, Okeechobee, Florida 34972 ("Property").

A public hearing was held before the Special Magistrate on June 18, 2024 pursuant to Sections 2-195(b) and 2-197 of the Okeechobee County Code of Ordinances. The Special Magistrate heard testimony under oath from Code Enforcement Supervisor Beth Albert and Assistant County Attorney Chloe Berryman on behalf of the County, related to the factors delineated in Section 2-197(c).

The Special Magistrate made Findings of Fact, Conclusion of Law and recommended a reduction of the fine from $2,800.00 to $2,769.58 and its subsequent release upon timely payment.

As a result, it is recommended that the Board of County Commissioners consider approval of the following:

(A) Adopt the Code Enforcement Special Magistrate's Report and Recommendation as to the Reduction Request filed by property owner, Robert Ryan Townsend; and

(B) Direct the Chairman to execute the attached Final Administrative Order, which reduces the lien from $2,800.00 to $2,769.58, provided the amount is paid by 5:00 pm on Monday, August 12, 2024 (if not paid in a timely manner, the fine would remain at the original amount of $2,800.00); and

(C) Direct the Chairman to execute a Release of Lien upon the timely payment of the reduced amount ($2,769.58).

Note: Although the Special Magistrate may offer recommended reductions, the ultimate authority to determine the reduced fine amount, if any reduction is warranted, rests solely with the Board of County Commissioners.

As of submission of this agenda item, no exceptions were filed as to the Special Magistrate's Report and Recommendation, and none are expected.

If approved, the Final Administrative Order will be executed and recorded.

County Administrator recommends approval.

On September 15, 2009, an administrative fine was assessed against the property owners, Donald S. Bastura and Brenda Owens, Respondents, in the amount of $25.00 per day for code violations on the property (Case No.0704-0004). The Order was recorded in the public records of Okeechobee County, thus creating a lien upon property owned by the violator.

The property was brought into compliance on Thursday June 23, 2021. The amount of the daily fine that accrued during the total period of non-compliance is $106,950.00.

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A Request for Reduction of Accrued Fine was received from Leticia Gomez, the owner of real property located at 7877 NW 80th Ct, Okeechobee, Florida 34972 ("Property").

A public hearing was held before the Special Magistrate on June 18, 2024 pursuant to Sections 2-195(b) and 2-197 of the Okeechobee County Code of Ordinances. The Special Magistrate heard testimony under oath from Leticia Gomez, Code Enforcement Supervisor Beth Albert and Assistant County Attorney Chloe Berryman who related to the factors delineated in Section 2-197(c).

The Special Magistrate made Findings of Fact, Conclusion of Law and recommended a reduction of the fine from $106,950.00 to $5,534.38 and its subsequent release upon timely payment.

As a result, it is recommended that the Board of County Commissioners consider approval of the following:

(A) Adopt the Code Enforcement Special Magistrate's Report and Recommendation as to the Reduction Request filed by property owner, Leticia Gomez; and

(B) Direct the Chairman to execute the attached Final Administrative Order, which reduces the lien from $106,950.00 to $5,534.38 provided the amount is paid by 5:00 pm on Monday, August 12, 2024 (if not paid in a timely manner, the fine would remain at the original amount of $106,950.00); and

(C) Direct the Chairman to execute a Release of Lien upon the timely payment of the reduced amount ($5,534.38).

Note: Although the Special Magistrate may offer recommended reductions, the ultimate authority to determine the reduced fine amount, if any reduction is warranted, rests solely with the Board of County Commissioners.

As of submission of this agenda item, no exceptions were filed as to the Special Magistrate's Report and Recommendation, and none are expected.

If approved, the Final Administrative Order will be executed and recorded.

County Administrator recommends approval.

The Public Safety Department is requesting the issuance of One (1) additional Certificate of Public Convenience and Necessity (COPCN) to provide Advanced and Basic Life Support, Inter-facility transportation services locally, and out of the area support, with the limitations as set forth on the individual agency COPCN, during the remainder of Fiscal Years 2023-2025.

The Board of County Commissioners are empowered pursuant to Florida Statutes Chapter 401.25 (2) (d) and (6), to issue a Certificate of Public Convenience and Necessity (COPCN) to ambulance companies which propose to operate within Okeechobee County. The Florida Department of Health, Office of Emergency Medical Services, requires an ambulance company to obtain a COPCN for each county in which it intends to provide service. The below listed agency has requested a COPCN for Okeechobee County, in which they intend to provide advanced and basic life support, inter-facility transportation locally, and out of the County:

1) Rapid Response Medical Transportation, LLC

The County Administrator recommends the approval of One (1) additional Certificate of Public Convenience and Necessity (COPCN) to provide Advanced and Basic Life Support Inter-facility transportation services locally, and out of the area support, with the limitations as set forth on the individual agency COPCN, during the remainder of Fiscal Years 2023-2025.

In late June 2024, it was brought to the attention of the Board of County Commissioners and community that the Fraternal Order of Police would not be hosting the annual Independence Day fireworks display this year. For many years, the Okeechobee Fraternal Order of Police Lodge 69 had organized a Free Independence Day Celebration & Fireworks display with the most recent event being held at the Agri Civic Center.

To ensure this years fireworks display could be held once again, Okeechobee Citizen, Ms. Anita Nunez, provided an initial donation and worked with several other local businesses and community members to raise the funds for the event. Due to scheduling conflicts, this year's date for the fireworks display will be held on Saturday, July 6, 2024.

Ms. Nunez requested and was tentatively granted a fee waiver from the County Administrator to host the event for an estimated amount of $1,800. Ms. Nunez provided the County with her Event/Certificate of Insurance naming the Okeechobee County BOCC as an additional insured for the event. The required pyrotechnics fireworks permit was approved by Okeechobee County Fire Rescue.

The County Administrator recommends that the Board of County Commissioners approve and ratify the fee waiver for use of the Agri-Civic Center for a community fireworks display on July 6, 2024.

The County Attorney and the real estate acquisition director for Bass Pro/Big Cedar have mutually requested and recommended an extension to the option period under the Option to Purchase Real Estate, as memorialized in the attached Ninth Amendment to Option to Purchase Real Estate, whereby the end of the option period will be extended to a date 30 days after the County secures the release or disclaimer of any claim referenced in Exception 3 set forth in Title Commitment Number 1359932A6 with respect to that portion of the Property lying above the ordinary high-water mark ("Claim Disclaimer"), or otherwise secures written evidence satisfactory to Buyer that no such claims exist, all as more specifically set forth in the Amendment. The Amendment also provides that the County will use commercially reasonable efforts to secure the Claim Disclaimer, and that if this is not accomplished within 12 months after the effective date of the amendment, the Buyer will have the right to terminate the Agreement.

The County Administrator and County Attorney recommend that the Board of County Commissioners review and approve the proposed Ninth Amendment to Option to Purchase Real Estate and authorize the Chairman to execute the same.

On February 8, 2024, the Board approved an agreement with Patel, Greene & Associates, LLC (PG&A) to serve as the County's contracted engineer for the development of the Lofton Road Improvement Project in the amount of $648,674 utilizing grant funding (SCRAP & SCOP - $7,170,227) from the Florida Department of Transportation (FDOT). This project is expected to include roadway reconstruction, milling and resurfacing of Lofton Road, from US 98 to south of the FEC railroad crossing.

The current agreement provides that the professional engineering (i.e., survey, design/engineering and permitting) would be completed by February 28, 2025 or within 12-months from the date Notice (to proceed) is provided to PG&A (February 8, 2024).

PG&A has begun the design and permitting for the project; however, due to the time required by FDOT to review and approve the proposed agreement, which delayed the initial work from commencing, an additional 7-months is being requested to complete the design and permitting as well as the time for FDOT to review and provide comments on the proposed design and bidding and construction contract review for the Lofton Road Improvement Project (expected completion date of September 30, 2025).

Note: Within the proposed additional 7-month extension, the County Engineer is projecting additional review, comment and approval time that may be required by FDOT before the competitive soliciation of bids for construction contractors may begin. Thus, it is hoped that this additional time may be reduced, but is dependent on the contractually required review and approval by the District.

If approved, all terms and conditions as outlined within the existing agreement are not proposed to be changed and there is not an expected change in the design cost ($648,674).

The proposed 1st Amendment of Independent Consultants Agreement was prepared by the County Engineer and reviewed by County's consulting engineering firm, PG&A, and the County Attorney.

County Administrator recommends the Board of County Commissioners approve and authorize the Chairman to execute the First Amendment of Independent Consultants Agreement with Patel, Greene & Associates, LLC to extend the current Agreement to September 30, 2025 (from September 30, 2024) to complete the design/engineering (including required FDOT oversight) and permitting of the Lofton Road Improvement Project.

Ms. Avery Tomlinson-Walker on behalf of Philip DeBerard Law Office is requesting the use of the Covered Arena and facility grounds to host a Halloween Extravaganza event within the Covered Arena at the Agri-Civic Center on Thursday, October 31, 2024, from 5:00 PM to 9:00 PM, with setup to occur from 8:00 AM until 5:00 PM, and cleanup from 9:00 PM until 11:00 PM. Additionally, Ms. Tomlinson-Walker is seeking approval of the following:

A Fee Waiver of $1,824.35 for the use of the Okeechobee County Agri-Civic Center, which includes facility rental for setup, event, clean-up/tear down, County staff time to support the event, and utility and waste disposal fees.

The Agri-Civic Center Manager has confirmed that the date of Thursday, October 31, 2024 is available and has provided the attached estimate of the costs for holding the event.

This event will be free of charge and open to the public.

County Administrator recommends the Board approve a fee waiver request in the amount of $1,824.35 from Ms. Avery Tomlinson-Walker on behalf of Philip DeBerard Law Office to host a Halloween Extravaganza event within the Covered Arena at the Agri-Civic Center on Thursday, October 31, 2024, from 5:00 PM to 9:00 PM, with setup to occur from 8:00 AM until 5:00 PM, and cleanup from 9:00 PM until 11:00 PM.

Public Hearing, Petition R-2024-0770, Change in Zoning. Berman Ranch, Inc., property owner and applicant. Request for a change in zoning from the existing classification of Agriculture (A) to the proposed classification of Heavy Industrial (I-2). The property is located on the south side of State Road 710 E and east of the L-63 canal.

Berman Ranch, Inc. owns about 116 acres of land on the south side of SR 710 E, and on the east side of the L-63 canal. The property is in an Industrial Overlay future land use classification. The applicant is requesting a change in zoning to Heavy Industrial (I-2).

The Planning Board, at their meeting on June 25, 2024, unanimously recommended that the Board of County Commissioners grant the request for a change in zoning from Agriculture (A) to Heavy Industrial (I-2).

Community Development Director Bill Royce addressed the Board and discussed the Change in Zoning request for Berman Ranch Inc from Agricultural (A) to Heavy Industrial (I-2).

Chairman David Hazellief opened the meeting for public hearing.

There was no one wishing to address the Board at this time.

Chairman David Hazellief asked that Mr. Royce bring back the Comprehensive Land Use Plan for a discussion.

Clifton Larson Allen, LLP has completed the independent audit of the BOCC and Constitutional Officers’ financial statements for fiscal year ending September 30, 2023. The Independent Auditor’s Report is an unqualified opinion or clean audit. The bound financial statements for the fiscal year ending September 30, 2023 were provided under separate cover.

Julie Fowler of Clifton Larson Allen, LLP, will provide a presentation of the FY23 Audited Financial Statements, and be available to respond to any questions or related issues that the BOCC may wish to address.

County Administrator recommends that Board receive the FYE23 Financial report from Clifton Larson Allen LLP and ask questions related to any inquiries or concerns the BOCC may have related to county finances.

County Administrator Deborah Manzo addressed the Board and introduced CliftonLarsonAllen Signing Director Julie Fowler who addressed the Board and gave a presentation on the Fiscal Year 2022/2023 Audited Financial Statements.

Ms. Fowler presented the Fiscal Year 2022/2023 Audit:

1. Financial statement audit opinion is unmodified

2. Federal & State awards audit opinion is unmodified

3. Examination of compliance opinion is unmodified

4. Financial Statements

a. Two material weaknesses noted

b. No significant deficiencies noted

5. Federal & State awards

a. One material weakness noted

b. No significant deficiencies noted

6. General fund (healthy financial position)

On Thursday, April 25, 2024 at 3:00pm, the County received bids for the Parking Lot Expansion and Access Road project at the Okeechobee County Airport. A total of four (4) bids were received.

The apparent low bidder is Dickerson Infrastructure, Inc. dba Dickerson Florida, Inc whose Bid Total (Base Bid plus Bid Schedules A & B) is $1,934,582.50.

Dickerson submitted the required bid forms, including the 5% Bid Security, acknowledgment of Addendum's 1 and 2, a list of sixteen (16) completed projects between 2011-2023 ranging in value from $632k to $4.4M, and they are certified as a pre-qualified contractor by the FDOT. Dickerson bid appears to be complete and responsive.

Project Scope: (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size): Terminal Parking Lot Expansion and Access Road: As required by 215.971, F.S., this scope of work includes but is not limited to consultant and design fees, survey and geotechnical costs, permitting, construction inspection and material testing costs, mobilization and demobilization, maintenance of traffic, erosion control, demolition, excavation, embankment, subgrade preparation, base course, asphalt surface course (for parking lot, sidewalks, access road), joint construction, pavement repairs, pavement markings, parking lot lighting, security systems and access control equipment, Stormwater drainage facilities, utility relocation, fencing and gates, sodding, and landscaping, including all materials, equipment, labor, and incidentals required to construct the parking lot and access road pavements. The Sponsor will comply with Aviation Program Assurances.

Project Funding: In August 2022, the County was awarded the FDOT Public Transportation Grant Agreement for Parking Lot Expansion and Access Road for consultant and design fees and said Grant was approved the Board in October 6, 2022. This Grant Agreement is being funded at 100% reimbursem*nt by FDOT with no additional funding being required by Okeechobee County.

Furthermore, on June 6, 2024 the Board of County Commissioners approved the FDOT Grant Agreement No:446352-1-94-01 for a total amount of $2,148,595 and adopted Resolution 2024-23 accepting FDOT Grant Amendment Agreement, and on June 19, 2024, the Board approved FDOT Grant Amendment Agreement in the amount of $176,750 for the East Security Gate project by Resolution 2024-27, with a completion date of June 30, 2025. These projects were originally two separate projects and were bid out as one.

Staff recommends that the Board of County Commissioners approve and award Bid #2024-02 to Dickerson Infrastructure, Inc. dba Dickerson Florida, Inc. (Dickerson) for the Okeechobee County Airport Parking Lt Expansion and Access Road with a bid total of $1,934,582.50 and authorize the Chairman to execute an Independent Contractors Agreement to be prepared by the County Attorney.

Petition P-2024-0003, Preliminary Plat Approval. VVF Okee90 Farms, LLC, property owner and applicant. Request for approval of the preliminary plat of the proposed VVF Okee90 Farms subdivision. The property address is 1435 NW 144th Drive.

VVF Okee90 Farms, LLC proposes to develop a 90-acre parcel into a subdivision. The property is on the north side of NW 144th Drive, west of US Highway 441 N. The property is proposed to be subdivided into 18 lots. Each lot would be just over 5 acres in area. The subdivision plans have been reviewed and approved by the Site Plan Technical Review Committee.

The Planning Board, at their meeting on June 25, 2024, unanimously recommended that the Board of County Commissioners approve the preliminary plat for VVF Okee90 Farms subdivision.

In April 2024, the County issued payment for final Pay Application No. 29, to Ajax Building Company for Phase 1A of the Jail Expansion & Renovation Project. In order to reconcile Phase 1A general conditions and general requirements cost savings and move the savings to Phase 1B, Ajax issued Contingency Change Notification No. 5 ($428,500.00) and No 12 ($1,068,823.11) for a total of $1,497,323.11. Staff asks that the Board receive Contingency Change Notification No. 5 ($428,500.00) and No.12 ($1,068,823.11), allow staff to execute Contingency Change Notification No. 12, and Ajax Building Co. to move the total remaining contingency funds, in the amount of $1,497,323.11, from Phase 1A into Phase 1B of the Jail Expansion & Renovation Project.

The County Administrator recommends the Board receive Contingency Change Notification No. 5 ($428,500.00) and No.12 ($1,068,823.11), allow staff to execute Contingency Change Notification No 12, and Ajax Building Co. to move the total remaining contingency funds, in the total amount of $1,497,323.11, from Phase 1A into Phase 1B of the Jail Expansion & Renovation Project.

Assistant County Administrator - Infrastructure and Transportation Justin Nelson addressed the Board and discussed Contingency Change Notification No. 5 ($428,500.00) and No. 12 ($1,068,823.11) to move the total remaining contingency funds in the amount of $1,497,323.11 from Phase 1A into Phase 1B of the Jail Expansion & Renovation Project. The rolling over of these funds does not indicate any increase in costs for Phase 1B, but rather are a result of staff remaining under budget during Phase 1A.

Chairman Hazellief stated that he greatly appreciates Mr. Nelson's work and effort that allows for savings like this.

Okeechobee County BOCC currently provides a $10,278.68 allowance towards whichever health insurance plan an employee elects as well as a $20,000.00 Life Insurance policy per employee. This allowance is calculated based on funding our most popularly elected plan which is the BlueOptions 3559 plan.

For FY2023-2024 the County received a 0% increase in health insurance rates thus the same allowance remained in effect. For FY 2024-2025 the County has received a 0.90% increase in health insurance for the plans that are currently being offered to employees.

Attached is a summary of all the available health insurance plans to the County through Public Risk Management (PRM) Group Health Trust with Florida Blue. Should the County choose to offer different plans than currently offered, notification to PRM is required by July 15, 2024.

There are 211 employees currently enrolled on a County Health Plan. Current plans offered are as follows:

Blue Choice PPO 3769 -- opted by 7 employees

Blue Care HMO 55 -- opted by 3 employees

Blue Options 3559 -- opted by 187 employees

Blue Options 5787 -- opted by 1 employee

*Blue Options 5901 -- opted by 13 employees

*The Blue Options 5901 plan is a mandated health plan in order to meet Healthcare Reform requirements for minimal essential coverage and affordability.

The BlueOptions 3559 plan continues to be the most popularly elected plan. In order for the County to continue funding the BlueOptions 3559 plan in full as well as the $20,000 Life Insurance policy per employee, the current allowance would need to increase from $10,278.68 to $10,370.64/employee.

County funded Life Insurance rate of $52.80 per employee remains unchanged.

County Administrator budgeted the 0.9% increase for health insurance into the Proposed FY 2024/25 budget.

County Administrator recommends continuing to offer the 5 current Health Plans and fund the base Health Insurance amount per employee for the BO3559 plan, increasing the amount from $10,278.68 to $10,370.64 annually due to the 0.90% rate increase for FY2024/2025.

Human Resources Director Ana Rhoden addressed the Board and discussed the plan to continue to offer the five current health plans, and to fund the base health insurance amount per employee for the BO3559 plan, increasing the amount from $10,278.68 to $10,370.64 annually due to the 0.90% rate increase for Fiscal Year 2024/2025.

County Administrator Deborah Manzo addressed the Board and stated that utilizing the Clinic is helping to keep insurance costs low. The costs we are receiving are much better than many other jurisdictions.

Commissioner Kelly Owens stated that she is extremely pleased with these numbers. There are so many employers who do not offer good healthcare provisions. This allows the County to continue to provide quality health insurance to its employees. This is a benefit that brings a return several times over.

The current TCMA Urgent Care contract provided for an initial term of three (3) years, with two (2) consecutive one (1) year term renewals; we are currently in our first (1) year term renewal. The County received a proposal submitted by Hometown Wellness to provide similar Employee Health Services.

The proposal from a local Family Healthcare practice, Hometown Wellness, provides similar Employee Health Medical Services for eligible staff and dependents. Staff met with Constitutional Officers Sheriff Noel Stephen, Clerk of Circuit Court & Comptroller Jerry Bryant, Property Appraiser Mickey Bandi, Tax Collector Celeste Watford and Supervisor of Elections Melissa Arnold to review the proposal from Hometown Wellness in comparison to our current TCMA Urgent Care services. After review, we communicated our points of discussion and concerns to Hometown Wellness to which they provided the attached response revising the originally proposed hours to include more hours and eliminating some of the fees included in the original proposal.

Attached you will find a comparison summary between TCMA Urgent Care and Hometown Wellness for discussion.

Staff recommends that the Board discuss whether to renew the current TCMA Urgent Care contract for the second additional one (1) year term or consider the attached Proposal submitted by Hometown Wellness.

Human Resources Director Ana Rhoden addressed the Board and discussed the TCMA Urgent Care contract renewal for an additional one year term. Hometown Wellness submitted a proposal to offer similar employee health services. Ms. Rhoden compared and contrasted the services from both providers.

Chairman David Hazellief stated that he would like to see some negotiations conducted with Hometown Wellness.

County Administrator Deborah Manzo addressed the Board and stated that utilizing both providers may provide an option to employees. However they would need to negotiate with both providers.

Commissioner Owens stated that she would like staff to gather additional information to determine the best option for the County.

County Attorney Wade Vose stated that they will need to determine if the agreement with TCMA Urgent Care precludes the option to allow employees to choose between two separate providers.

County Administrator Manzo stated that they can gather more information and analyze it to determine if this option can be considered for this upcoming fiscal year. Worst case scenario, this can be an option for the next fiscal year.

County Administrator Manzo stated that tomorrow is Ms. Rhoden's last day with the County. She wishes her well with her new career path and future endeavors.

The Board thanked and commended Ms. Rhoden for all her work in the County.

Ms. Rhoden stated that she has enjoyed her time with the County. Staff is amazing. They care about what they are doing and love Okeechobee. The County Administrator in particular demonstrates a dedication to the County that is contagious. Ms. Rhoden plans to train her replacement and remain on call.

Mr. Frank Amandro, Director, Criminal Justice Division has requested the Board review and discuss the drug testing services being provided to defendants within Okeechobee County.

This agenda item and Interlocal Agreement is to cover the personnel and operating costs to maintain an office in Okeechobee County in order to administer drug testing as ordered by the courts for Okeechobee defendants. See attached Drug Lab Cost Analysis for 2 case managers and operational expenses for the office.

Additionally, the Board will also find attached for your review the Criminal Justice Report for May 2024 prepared by St Lucie County.

St. Lucie County Drug Testing Program provides Drug Testing for defendants within Okeechobee County. The Okeechobee Drug Lab is open 20 hours a week, Monday, Tuesday, Wednesday and Friday for 5 hours a day. The Interlocal Agreement is to provide funding for Personnel and Operating expenses of that office. The primary responsibility of St. Lucie County Drug Testing Services is to provide complete, accurate, non-adversarial information to the courts allowing for an informed decision regarding the offender’s compliance with drug testing measures pending final disposition of charges.

St. Lucie County Drug Testing Program will be charged with the responsibility of providing adequate staff to ensure accurate and timely testing and reports with delivery of services consistent with the needs of the defendant.

The County Administrator recommends the Board approve and authorize the Chairman to execute an Interlocal Agreement for Provision of Drug Testing Services between Okeechobee County and St. Lucie County for a period of three (3) years commencing October 1, 2024 through September 30, 2025 and may be extended for two (2) additional one-year terms, as reviewed by the County Attorney. For year one (FY2024/2025) the County shall pay the amount of $40,000 to be paid in four (4) equal quarterly installments of $10,000 dollars each; and for years 2 (2025/2026) and 3 (2026/2027) and any remaining renewal terms under this Agreement, the County shall pay the total sum of $80,000 to be paid in four (4) equal quarterly installments of $20,000.

County Administrator Deborah Manzo addressed the Board and discussed the Interlocal Agreement for Provision of Pretrial Services. She introduced St. Lucie County Criminal Justice Director Frank Amandro and Drug Lab Manager Allison Duffy.

Mr. Amandro stated that despite providing services to Okeechobee for drug lab services since 2011, there has been no interlocal agreement. They took over during an emergency situation. No one anticipated that this would be a thirteen year partnership. It is unknown why this went so long without being addressed. Okeechobee's cost for drug lab is $80,000 per year. As long as we move the needle towards yearly payments, they are more than willing to continue to work with Okeechobee County.

County Administrator Deborah Manzo clarified that "moving the needle" involves paying $40,000 during Fiscal Year 2024/2025 and then $80,000 (or whatever the price might be at that time) during Fiscal Year 2025/2026 and beyond.

The Board conducted a discussion regarding drug lab fees.

Commissioner Kelly Owens stated that there should be a discussion with the Chief Judge to use a sliding scale that would allow flexibility with costs. Something that would require those with means to pay, while still helping those less fortunate. This might require a discussion about the entire system.

County Administrator Manzo stated that they have scheduled a meeting with the Chief Judge and State Attorney to discuss this and related items.

Okeechobee County Clerk of Circuit Court & Comptroller Jerald D. Bryant stated that people who go through the drug court program sometimes pay thousands of dollars in numerous different fees, all of which are mandatory. The drug testing could potentially be multiple times a week to keep the results accurate. Going through drug court is not cheap. The drug court program has been able to save so many lives. The benefit of this program far outweighs the cost. Many of the people involved are good people who just got involved in something harmful. If Clerk Bryant had the money, he would fund the program completely. Okeechobee has struggled to fund this program since the very beginning. Clerk Bryant's hope is that the Board will find a way to fund this program so that lives can continue to be saved.

Commissioner Bradley G. Goodbread stated that the cost to society of people remaining in the jails is far greater than the costs of the drug tests. Once they become functioning members of society, they bring back value to the community.

Clerk Bryant stated that we are spending millions on a jail that is necessary because of a drug problem. Most crimes in society can be traced back to a drug problem. He would like these preventative measures to continue.

Commissioner Frank DeCarlo stated that he once met a man who was in Clerk Bryant's Eagle Team. The eagle pendant that the judge had given him meant the world to him. Clerk Bryant explained that when people do the right thing between drug court dates, they are placed on the Eagle Team. Upon graduation, Judge Bryant would give them an eagle pendant. It is a symbol that helps people understand that they can succeed.

a. County Attorney Wade Vose:

1. Governor signed Senate Bill clarifying that PACE Programs require official

authorization from counties and municipalities in which they want to operate

2. There is at least one unauthorized PACE Program currently advertising for

Okeechobee County

3. Legislature ruled that local governments can prohibit camping and sleeping on

public property

a. County Administrator Deborah Manzo:

1. Thank You cards from Library staff and Okeechobee County Economic

Development Corporation youth

2. Fuel tax obligations and information

3. Waste Management:

a. Has begun month-long cart delivery

b. If customers want to exchange their yard-waste cart for a second trash

cart, they can call Waste Management

c. Customers can purchase additional garbage carts through Waste

Management for $85.00 each

4. Request for Proposal for Animal Control Facility Phase 2 Kennel are due by

July 31, 2024

5. Budget workshops start on July 16, 2024 at 9:00 AM

6. Okeechobee County Political Forum will take place on July 30, 2024 at

6:00 PM in Osceola Middle School

b. Assistant County Administrator - Infrastructure and Transportation Justin Nelson:

1. Airport restaurant is back up and running

c. Assistant County Administrator - Community Services Denise Whitehead:

1. Thanked Human Resources Director Ana Rhoden for all her support

during her time with the County

2. Thanked Commissioner Bradley G. Goodbread for all of his behind-the-

scenes work at the Independence Day Fireworks Event

3. Congratulated Commissioner Terry W. Burroughs for his appointment as

Florida Association of Counties President

4. Commended Affordable Housing Advisory Committee Facilitator Lacy

Granados and Veteran Services Officer Paul Hiott for their collaboration with

each other

d. County Engineer Stefan Matthes:

1. Florida Department of Transportation continuing work on State Road 70 East with intermittent day-time lane closures

2. Bridge repairs are not as dire as initially thought

3. Received agreement with FPL for Cemetery Road energization

4. Cemetery Road pole is still leaning

5. Stormwater Master Vulnerability Report is well underway

6. Lofton Road survey is complete

e. Public Safety Director/Fire Chief Earl Wooten:

1. Mosquito spraying scheduled to start Sunday (call the Clarke Environmental Mosquito Management Hotline at 1-800-203-6485 to report highly concentrated areas)

a. Commissioner Kelly Owens:

1. Thanked everyone who reached out to check on her husband's health

2. Be aware that a fake email account with her name is popping up

b. Commissioner Bradley G. Goodbread, 1st Vice Chair:

1. Thanked everyone involved in putting together the Independence Day

Extravaganza

2. Offered his condolences to the Morgan Family

c. Commissioner Frank DeCarlo, 2nd Vice Chair:

1. Mother passed after living a great life with a large family

2. Independence Day event was very successful

3. Viewing for Stephen Morgan will be at 2:00 PM

d. Chairman David Hazellief:

1. Name is being used in a fake email as well

2. Offered his condolences to Commissioner DeCarlo and his family

3. Glad that Commissioner Owens' husband is doing better