HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS … · 6.B Presentation from Government Services Group to further clarify the fire assessment study. Scott Canaday, Community Safety
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HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERSTuesday, October 17, 2017
9:00 AM600 S. Commerce Ave. Sebring, FL 33870
AGENDA
1 MEETING CALLED TO ORDER: Invitation to fill out “citizens not on the agenda” forms.Please silence all cell phones and devices.
2 INVOCATION: Reverend David Astor, Order of Engaged Buddhists
3 PLEDGE OF ALLEGIANCE
4 ANNOUNCEMENTS
5 CONSTITUTIONAL OFFICERS – ANNOUNCEMENTS:
6 RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS: 6.A National 4-H Week Proclamation
Miss Carli McWaters Proclamation 2017 National 4H Week.docx
6.B Presentation from Government Services Group to further clarify the fire assessmentstudy.Scott Canaday, Community Safety DirectorJeff Rackley, Senior Project Manager, GSG No fiscal impact at this timeDraft Highlands County Fire Assessment Presentation 10-6-17.pptx
7 CITIZENS NOT ON THE AGENDA
8 CONSENT AGENDA 8.A Request approval to pay all duly authorized bills October 17, 2017
8.B Request approval of the minutes from the September 19, 2017 and October 3, 2017Regular meetings. 091917REG.pdf100317REG.pdf
8.C Request for approval of State Housing Initiative Program (SHIP) Annual Reports.Chris Benson, Community Programs Director No fiscal impact. Attachment I Income Level Breakdown 13-14 & 14-15.xlsxShipAnnualReport 2013-2014 Unsubmitted.pdfShipAnnualReport 2014-2015 Unsubmitted.pdf
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ShipAnnualReport 2015-2016 Interim Unsubmitted.pdfShipAnnualReport 2016-2017 Interim Unsubmitted.pdf
8.D Request approval of the holiday schedule for 2018June Fisher, County Administrator Holidays2018.pdf
8.E Consideration of request to waive the Landfill Tipping Fees for Ag-Venture Inc. not toexceed $180.00.Clinton Howerton, Jr., P.E., County Engineer Landfill staff estimates the Ag-Venture event will generate approximately 4 tons of wasteat a cost of $45.00 per ton for a total of $180.00. The figures are based upon HighlandsCounty Ag-Venture’s estimate of 1 (one) 20 yard dumpster for the event. Please notethat in the past few years, the Highlands County Ag-Venture, Inc. has only takenadvantage of the waiving of tipping fees in 2015 even though the Board authorized suchaction each year.Agenda Item Packet - Ag Venture Letter requesting waiving of tipping fees.pdf
8.F Annual Service Agreement with Motorola for 911 radio systemScott Canaday, Community Safety Director The agreements will result in a total fiscal impact of $321,289.56 to the general fund forFY 2017-2018 from Cost Center 3994. Highlands County Service Agreement (10.1.17 - 9.30.18).pdf
8.G Request for approval of Budget Amendment 16-17-154 to increase funding to coverexpenses incurred for Indigent Burials. Chris Benson, Community Programs Director The Fiscal Impact is $2,214.00, although the overall budget for FY 16/17 will not increase.
16-17-154 Public Asst Prog - Indigent Burials (BA).pdf
8.I Request approval of Budget Amendment 16-17-155 adjusting project funding betweenInfrastructure Surtax Fund 151 and HCISSR LTD Capital Fund 350.Tim Mechling, OMB Senior Manager There is no fiscal impact to the overall budget. Funding is being moved in order to beable to spend the loan proceeds in a timely manner.16-17-155 Adjustments to Fund 350 & Project Funding (BA).pdf16-17-155R Adjustments to Fund 350 & Project Funding (Resolution).pdf
8.J Request for consideration of Budget Amendment NO. 17-18-005 to reallocate funds inFund 401 (Solid Waste Enterprise Fund)Clinton Howerton, Jr., P.E., County Engineer This budget amendment is realigning $16,416.00 from cost center 9990F (BudgetaryExpenditure), account 59900 (Reserve for Contingency) to cost center 4210 (RefuseDisposal System), accounts 51300 (Other Salaries & Wages), 51400 (Overtime), 52100(FICA Taxes), 52200 (Retirement Contributions), and 52400 (Workers’ Compensation)in the amounts of $12,500.00, $1,172.00, $1,046.00, $1,013.00, and $685.00,respectively.17-18-005 Solid Waste OPS Adjustment (BA & Reserve for Contingency).pdf
8.K Request for approval of Resolution & Budget Amendment 17-18-008 for EmergencyFood & Shelter Program Grant Phase 34 Project 16074.
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Chris Benson, Community Programs Director The Fiscal Impact is $8,000.0017-18-008 Rollover Proj 16074 Emerg. Food & Shelter Prog (BA).pdf17-18-008R Rollover Proj 16074 Emerg. Food & Shelter Prog (Resolution).pdf
8.L Request approval of budget amendment 17-18-009 and Resolution to roll forward andto appropriate budgeted funds within the General Fund.Sheriff Paul Blackman The fiscal impact to the Board’s FY 17/18 Budget will be an increase of $73,150,however, these funds are grant funded and were budgeted in prior years and were notexpended; therefore. they are being rolled forward to the new fiscal year. This budgetamendment and resolution is realigning and setting up grant/project funds within theGeneral Fund that have been budgeted or offset by incoming revenues.
17-18-009 SAFE-SCAAP - Sheriff's Office (BA).pdf17-18-009R SAFE-SCAAP - Sheriff's Office (Resolution).pdfSAFE Tracking Acceptance Award (Sheriff's Office).pdf
9 CONSENT AGENDA (2): Request approval to pay all bills with voting conflicts
10 PUBLIC HEARING
11 ACTION AGENDA 11.A Request approval of of a Resolution approving the issuance of bonds by the Highlands
County Health Facilities Authority for the Senior Living Revenue Bonds in anaggregate principal amount not to exceed $45,000,000 for The Trousdale Foundation,Inc. to acquire and improve the Palms of Sebring. Chris Benson, Community Programs Director The proposed conduit bonds would not count as a County obligation or financialresponsibility.ltr to June Fisher with revised Resolution re Trousdale Foundation Bonds.pdf
11.B County Attorney File LogJoy Carmichael, Assistant County Attorney Board Meeting Log.docx
11.C Request approval to waive landfill tipping fees for yard waste as well as C&D(Construction & Demolition) debris through November 21, 2017.Clinton Howerton, Jr., P.E., County Engineer Unknown at this time.
11.D Request approval of Budget Amendment 17-18-002 For Adjustment toCommissioners' Salaries from Reserve for Contingency.June Fisher, County Administrator This budget amendment is reaigning $12,790.00 from cost center 9990 (BudgetaryExpenditure 005), account 59900 (Reserve for Contingency) to cost center 2101 (Boardof County Commissioners).17-18-002 Board of County Commissioners Salary Adjustment (BA & Reserve for
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Contingency).pdf
11.E Approval of Budget Amendment 17-18-003 Adjustment to Property Appraiser’s Budgetfrom Reserve for Contingency.June Fisher, County Administrator This budget amendment is realigning $15,148.00 from cost center 9990 (BudgetaryExpenditure 005), account 59900 (Reserve for Contingency) to cost center 2211(Property Appraiser).17-18-003 Property Appraiser DOR Adjustments (BA & Reserve for Contingency).pdf
11.F Request approval of Budget Amendment 17-18-006 for the TransportationDisadvantage Program, adjusting the budget per the new State grant.June Fisher, County Administrator This budget amendment is realigning $4,076.00 from cost center 9990 (BudgetaryExpenditures 005), account 59900 (Reserve for Contingency) to cost center 5226(Transportation Disadvantage Program), account 53400 (Contractual Services).17-18-006 Transportation Disadvantage Adjustment (BA & Reserve for Contingency).pdf
11.G Pending Items/Project Report Update June Fisher, County Administrator No Fiscal Impact.
12 PUBLIC INPUT
13 COMMISSIONERS
14 ADJOURN Any person who might wish to appeal any decision made by the Board of County Commissioners of Highlands County, Florida, inpublic hearing or meeting is hereby advised that he will need a record of the proceedings, and for such purpose may need to ensurethat a verbatim record of the proceedings is made which will include the testimony and evidence upon which such appeal is to bebased. The Board of County Commissioners of Highlands County, Florida, does not discriminate upon the basis of any individual'sdisability status. This non-discrimination policy involves every aspect of the Board's functions, including one's access to,participation, employment or treatment in its programs or activities. Anyone requiring reasonable accommodation as provided for inthe Americans with Disabilities Act or Section 286.26 Florida Statutes should contact Ms. Tasha Morgan, ADA Coordinator at:863-402-6842 (Voice), or via Florida Relay Service 711, or by e-mail: tmorgan@hcbcc.org. Requests for CART or interpreterservices should be made at least 24 hours in advance to permit coordination of the service. PLEASE NOTE OUR WEB SITEADDRESS: For more information on the meeting, see the County Commission page online: www.hcbcc.net
Any invocation that may be offered before the official start of the Commission meeting shall bethe voluntary offering of a private citizen, to and for the benefit of the Commission. The views orbeliefs expressed by the invocation speaker have not been previously reviewed or approved bythe Commission, and the Commission is not allowed by law to endorse the religious beliefs orviews of this, or any other speaker.
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HIGHLANDS COUNTYCOUNTY COMMISSION AGENDA ITEM
DATE OF ACTION REQUEST: 10/05/17
PRESENTER: Miss Carli McWaters
SUBJECT/TITLE: National 4-H Week Proclamation
STATEMENT OF ISSUE
National 4-H week occurred October 1-7, 2017.. Due to the problems related with Hurricane Irma Highlands County4-H has chosen to celebrate 4-H week the week of October 15 - 21, 2017 with the Commissioners Breakfast beingheld Tuesday, October 17, 2017.
RECOMMENDED ACTION
Board approve declaring October 15 - 21. 2017 Highlands County 4-H week.
Attachments: Proclamation 2017 National 4H Week.docx
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Highlands County, Florida
National 4-H Week Proclamation
WHEREAS, October 15-21, 2017 is recognized as 4-H Week in Highlands County due to Hurricane Irma. October 1-7, 2017 was National 4-H Week in the United States, with more than six million youth, ages 5 to 18, taking part in 4-H club programs nationwide, and with 4-H ranking fourth in total awareness among agencies serving youth; and,
WHEREAS, The Florida 4-H Program has been positively impacting children’s lives since 1909 and has celebrated over 100 years of service. The Florida Cooperative Extension Service conducts 4-H programs through the state’s land-grant university, the University of Florida, with the mission to create supportive environments where diverse youth and caring adults may gain the knowledge and life skills they need to be productive, responsible citizens; and,
WHEREAS, 4-H addresses issues facing youth wherever they live -- in inner cities, suburbs and rural communities -- and helps break barriers by focusing on learning-by-doing and building self-esteem, leadership and citizenship skills in our youth, focusing on critical issues such as protecting the environment and address childhood obesity; and,
WHEREAS, approximately 230,000 youth are active in 4-H programs in the state of Florida with more than 300 youth actively involved in 15 4-H clubs locally and 2,500 youth participating in 4-H school enrichment programs at 18 different schools in Highlands County annually; and,
WHEREAS, exciting, fun and student-centered educational programs such as food and nutrition, science and technology, natural resources, substance abuse prevention, growing plants, caring for livestockanimals, workforce preparation, community pride, citizenship and leadership are available through HighlandsCounty 4-H programs; and,
NOW THEREFORE BE IT RESOLVED that the Highlands County Board of County Commissioners of Highlands County, Florida hereby salutes more than 80 adult and youth volunteers in Highlands County, more than 14,000 throughout Florida and more than 600,000 nationwide, for their generous donation of time, talent and countless hours each year in preparing and teaching youth.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Board of County Commissioners of Highlands County Florida, hereby proclaims October 15-21, 2017 as 4-H Week in Highlands County.
Done and adopted this 17th day of October 2017.
________________________________________________Don Elwell, Chair
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HIGHLANDS COUNTYCOUNTY COMMISSION AGENDA ITEM
DATE OF ACTION REQUEST: October 17, 2017
PRESENTER: Scott Canaday, Community Safety DirectorJeff Rackley, Senior Project Manager, GSG
SUBJECT/TITLE: Presentation from Government Services Group to further clarify the fireassessment study.
STATEMENT OF ISSUE
This is a presentation from Government Services Group, GSG, to update the Board on the next steps for the fire study.
FISCAL IMPACT
No fiscal impact at this time
Attachments: Draft Highlands County Fire Assessment Presentation 10-6-17.pptx
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Highlands CountyFire Assessment Study
October 17, 2017
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What is a Fire Assessment?• Charge imposed against real
property to pay for fire services
– Fire services includes things such as:
• Fire suppression
• Hazmat
• Fire prevention
• Emergency response and disaster preparedness
• Fire safety education
– Does NOT include EMS-type services above the level of first responder
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Case Law Requirements
• Special Benefit to property– Fire services (up to first responder) do provide benefit
and
• Fair and reasonable apportionment– Logically and factually driven method must be developed to spread
the costs among the benefited properties.
– Does method of apportionment make sense in terms of what is being provided?
– Legislative determination receives judicial deference.
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Historical Demand Methodology*
• Court tested and approved
• Most widely adopted
• Historical demand is the driving factor
• Based on initial response; therefore, treats all calls equally
• One rate for single family residential structures regardless of size
*Methodology was upheld by the Fourth District Court of Appeals in in Desiderio Corporation, et al. vs. The City of Boynton Beach, Florida, et al., 39 So.3d 487 (Fla. 4th DCA 2010).
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Data Components
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• Service Delivery
– Fire/First Responder – With Service Enhancements to add Engines
– Service Area
• Unincorporated County and City of Lake Placid
• Fire Department Budget
– Fiscal Year 2017-18 Projected with Service Enhancements
• Develop Cost Apportionment
– Call/Incident Data (Calendar Year 2016)
• Develop Parcel Apportionment/Preliminary Assessment Roll
– Ad Valorem Tax Roll Data
• Building/Property Use
• Dwelling Units
• Square Footage
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Fiscal Year 2017-18 Proforma Assessable Budget
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FY 17/18 Projected
Budget
FY 17/18 Assessable
BudgetExpendituresPersonnel $894,405 $894,405Operating $1,596,237 $1,596,237Capital $821,799 $821,799Service Enhancements $2,545,000 $2,545,000Total Expenditures $5,857,441 $5,857,441
Total Revenues $15,000 $15,000
Total Net Expenditures $5,842,441 $5,842,441
Additional Assessment ExpendituresCollection Costs @ 2% (Tax Collector) $129,579Statutory Discount @ 5% (4% Early Payment / 1% Non-Collection) $323,948Estimated Notice Costs $128,250Study Costs $54,725Total Additional Assessment Expenditures $636,502
Total Assessable Expenditures $6,478,943 13
Cost Apportionment: Based on Calendar Year 2016 Fire Call Data
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Cost Apportionment(Fiscal Year 2017-18 Proforma Assessable Budget – 100% Funding)(Calendar Year 2016 Call Data)
CategoryNumber of Calls
Percentage of Calls
Fiscal Year 2017-18 Assessable Cost
Allocation
Residential 529 52.32% $3,390,070
Commercial 117 11.57% $749,789
Industrial/Warehouse 32 3.17% $205,070
Institutional 99 9.79% $634,437
Land 234 23.15% $1,499,577
Total 1,011 100.00% $6,478,943
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Parcel Apportionment
Category Parcel Apportionment
Residential Category Dwelling Unit
Non-Residential CategoriesCommercialIndustrial/WarehouseInstitutional
Square Footage
Land Category Per Parcel
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Preliminary Assessment Rates & Revenue(Fiscal Year 2017-18 Assessable Budget – 100% Funding)
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CategoryFiscal Year 2017-18
Assessable CostAllocation
Billing Units
Per Unit Rate
Residential $3,390,070 37,380 $91.00
Commercial $749,789 5,121,349 $0.15
Industrial/Warehouse $205,070 4,259,815 $0.05
Institutional $634,437 3,623,112 $0.18
Land $1,499,577 64,967 $24.00
Total $6,478,943
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Exemptions(Fiscal Year 2017-18 Assessable Budget– 100%)
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Financial Classification 100% Funding
Estimated Assessable Costs $6,478,943
Estimated Buy-Down for Institutional Tax-Exempt $238,564
Estimated Buy-Down for Government Tax-Exempt $453,411
Estimated Buy-Down for Agricultural $79,584
Estimated Net Revenue $5,707,384
Estimated Net Revenue at 95% $4,851,277
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Draft Implementation Schedule
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Public Hearing to adopt Resolution of Intent (Requires 4 consecutiveweeks of advertisements prior to Public Hearing)
December 19, 2017
Public Hearing to adopt Fire Assessment Ordinance (Requiresadvertisement at least 10 days prior to Public Hearing)
January 16, 2018
County adopts Initial Assessment Resolution April 17, 2018
County advertises Public Hearing to adopt Final Assessment Resolution By May 29, 2018
Notices mailed to Affected Property Owners By May 29, 2018
Public Hearing to adopt Final Assessment Resolution June 19, 2018
Certify Fire Assessment Roll to Tax Collector By September 15, 2018
Tax Bills Mailed by County Tax Collector By November 1, 2018
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Policy Direction
• Notice to Proceed with Implementation– Rates/Funding Level
• Exemption Policy– Government Parcels
– Institutional Tax Exempt Parcels
• Other Issues
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HIGHLANDS COUNTYCOUNTY COMMISSION AGENDA ITEM
DATE OF ACTION REQUEST: October 17, 2017
PRESENTER:
SUBJECT/TITLE: Request approval to pay all duly authorized bills October 17, 2017
RECOMMENDED ACTION
Move approval to pay all duly authorized bills October 17, 2017
Attachments:
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HIGHLANDS COUNTYCOUNTY COMMISSION AGENDA ITEM
DATE OF ACTION REQUEST: OCTOBER 17, 2017
PRESENTER:
SUBJECT/TITLE: Request approval of the minutes from the September 19, 2017 and October 3,2017 Regular meetings.
RECOMMENDED ACTION
Move to approve the minutes from the September 19, 2017 and October 3, 2017 Regular meetings.
Attachments: 091917REG.pdf100317REG.pdf
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REGULAR MEETING OF THE BOARD, SEPTEMBER 19, 2017 1. The meeting was called to order at 9:00 a.m. in the Highlands County Board of County Commission Chambers
at 600 S. Commerce Avenue, Sebring, Florida, with the following members present:
Commissioner Don Elwell Commissioner R. Greg Harris Commissioner Jack L. Richie Commissioner William R. Handley Commissioner James L. Brooks
Also present: June Fisher, County Administrator; Randy Vosburg, Assistant County Administrator; J. Ross Macbeth, County Attorney; Robert W. Germaine, Clerk of Courts; and Pamela Gamez, Deputy Clerk.
2. INVOCATION: Pastor Ben Emmons, Crossroad Community Church. The meeting opened with a prayer by Robert W. Germaine, Clerk of Courts. 3. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Commissioner Harris. 4. ANNOUNCEMENT
Date Time Meeting
Sept 19 10:30 am Highlands County Housing Authority 2300 Hope Circle, Sebring, FL
Sept 21 8:15 am Highlands County Tourist Development Council Boardroom, 600 S. Commerce Ave., Sebring, FL
The Highlands Regional Transportation Planning Organization will meet on Wednesday, October 4, 2017 at 10:00 a.m. in the Boardroom. The Heartland Crime Stoppers will meet on Monday, September 25, 2017 at 5:15 p.m. at the Polk County Sheriff¶s Office. The Children¶s Services Council will meet tomorrow at 7:30 a.m. at the Children¶s Advocacy Center. 5. CONSTITUTIONAL OFFICERS ² ANNOUNCEMENTS Bob Germaine, Clerk of Courts, announced that the courthouse is up and running and that some cases are being pushed to the next docket due to the hurricane and people having left the area. Mr. Germaine stated that if anyone has a major problem for a length of time to send him a letter and he will present it to the judge. 6. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS: Hurricane Irma Recovery Efforts
Scott Canaday, Community Safety Director, stated that over 75% of resident¶s power has been restored and that DSA teams are currently out doing damage assessments. FEMA registration sites are opened at all three libraries, with staff available to help with computers. Mr. Canaday stated that a mobile DRC (disaster recovery center) will be set up at the Ag Center, and that two more are on the way. Mr. Canaday stated that Operation Blue Roof is underway. In regards to businesses, Mr. Canaday stated that we have been approved for SBA. Mr. Canaday stated that there are 52 people in the general population shelter and 14 special needs people, and that they cannot move
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the special needs folks until it has been verified that they have power in their homes. As of this morning, 10,552 have subscribed to receive text message updates. Points of distribution (PODs) are running 7:00 a.m. to 7:00 p.m. and handing out water, MREs, tarps, and ice. Mr. Canaday stated that the PODs are set up to automatically replenish. Mr. Canaday thanked several people who came from Oklahoma to help and stated that they were very instrumental in getting the PODs up and running, and helping at the EOC. Mary Kay Burns, Highlands County Health Department Administrator, stated that 60 systems are still under boil water notices. Chairman Elwell questioned if they have received the mosquito bricks? Mr. Canaday stated that he will find out. Chairman Elwell requested Mr. Canaday push for mosquito repellent as well. Sheriff Paul Blackman asked to extend the curfew (midnight to 6:00 a.m.) for another couple of days, until power is restored for more residents. Sheriff Blackman stated that detention deputies and inmates helped deliver meals and water to residents who couldn¶t get to the PODs and also to the fire stations. Sheriff Blackman stated that they also helped the Meals on Wheels program to get meals out to the residents. People can contact Nel Hays if they need meals delivered to them. Jessica Moore, Chief of Staff for Congressman Tom Rooney, addressed the Board and stated that they are here to help the residents in any way possible. Today they will be at the FEMA registration station and at the Avon Park and Lake Placid points of distribution, and tomorrow at Congressman Rooney¶s office in Sebring. Dolph Diemont, Federal Coordinating Officer with FEMA, gave a status update on the FEMA recovery efforts for Highlands County. Public input was received Denise Egan, Karen Tedder, and Stephanie Mellet. Jerry Miller, with Duke Energy, gave an update on the power restoration efforts and stated that they have restored power for about 80% of residents and hope to almost be completely done before midnight. Public input was received from Amanda Lucero. Paul McGehee, with Glades Electric Cooperative, gave an update to the Board on their power restoration efforts, and thanked Duke Energy for their prompt service. Scott Noethlich, City of Sebring Administrator, stated that they are up and running and that normal operations have resumed. Mr. Noethlich stated that the boil water notice has been rescinded, except for at the country club. Dr. Brenda Longshore, Superintendent of Highlands County Schools, stated that all schools have power and that students will return to school tomorrow. She gave a huge shout-out to Duke Energy and Glades Electric. Commissioner Handley questioned if the students will have to make-up all 7½ days. Dr. Longshore stated that the new legislature is based on making up hours and not days, and that at this point they do not know how many. Laurie Hurner, County Extension Director, stated that Senator Marco Rubio came to visit with livestock producers. Diaries are getting back in service. Ms. Hurner stated that the laundry ladies have done over 200 loads of laundry for lineman. Joe Wright and Chris Wilson came before the Board to address issues with an overflown drainage ditch on Lake Lotela Drive and the road being under water. Kyle Green, Road & Bridge Superintendent, addressed the issue. After discussion, Chairman Elwell stated that staff needs to do further research, and urged staff to keep Mr. Wright and Mr. Wilson informed, and to find a solution as soon as they can. Myrna Hoffman came before the Commission to question her options about clean-up after the hurricane washed some of Lake Istokpoga into her back yard and questioned if the landfill would waive the fee for debris clean-up.
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Commissioner Handley made a motion and Commissioner Harris seconded the motion, to move to waive the landfill tipping fee for residential yard waste and C & D debris from Hurricane Irma through October 17, 2017. Clinton Howerton, Jr., County Engineer, questioned if this applied to commercial companies bringing in debris clean-up from residential areas. The Commission discussed the issue. Commissioner Handley made an amendment to his motion to move to waive the landfill tipping fee for residential yard waste and C&D debris from Hurricane Irma through October 17, 2017, for residential individuals; not delivered by commercial haulers for free. Commissioner Harris amended his second. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 122 Page 1.
BREAK: 11:06 a.m. to 11:20 a.m.
A. Economic Development Update.
Benjamin Dunn, Development Services Director, Taylor Benson, Economic Development Manager, and Meghan DiGiacomo, Business Development Director, presented an update on the efforts of the Economic Development Office. The Commission thanked staff for all their hard work. See SMB 122 Page 2.
7. CITIZENS NOT ON THE AGENDA Mr. Ted Huguenin came before the Commission to address his concerns with car tent sales that come to the County. The Commission addressed the issue and tasked staff to come back to the Board with options of what other counties are doing in regards to tent sales. Ms. Susie Bishop, Executive Director of the Highlands Soil & Water Conservation District, stated that the Soil & Water Conservation District will meet next Tuesday at 3:00 p.m. in the Engineering conference room. Ms. Bishop gave an update on her family¶s dairy. Ray Royce, with the Highlands County Citrus Growers Association, gave an update on the citrus industry.
8. CONSENT AGENDA Commissioner Brooks made a motion and Commissioner Handley seconded the motion, to move to approve the consent agenda as presented. Upon roll call, all Commissioners voted aye. The motion carried.
A. Request approval to pay all duly authorized bills September 19, 2017. See Check Report file.
GENERAL FUND 23,795.61 COUNTY TRANSPORT TRUST 498.99 LOCAL GOVT INFRA SURTAX 4,360.58 TOURIST DEV TRUST FUND 3,228.30 COURT TECH 28.24 (12)(E)1 11,143.50 SOLID WASTE 173.25
B. Request Reappointment of One Member to the Historic Preservation Commission for a four-year term to expire June 30, 2021. See SMB 122 Page 3.
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C. Request approval of an Interlocal Agreement between Highlands County, Florida, and the Town of
Lake Placid, Florida, for the provision of planning services. See Town of Lake Placid file.
D. Approval of an Interlocal Agreement between Highlands County, Florida, and the City of Avon Park, Florida, for Airport Zoning Regulations. See City of Avon Park file.
E. Request approval of Amendment No. 2 to the State of Florida Fish and Wildlife Conservation Commission (FFWCC) for the Lake Lelia boat ramp dock. See Florida Fish & Wildlife Conservation Commission file.
F. Donation of Vacant Parcel Adjacent to County's Sun N' Lake Preserve to Highlands County. See SMB 122 Page 4.
G. Request to approve a resolution for a Vacation of Right-of-Way of Eucalyptus Avenue. (This item was moved under Public Hearing 10.B.)
H. Request approval of Highlands County Health Department Fiscal Year 2017-2018 Core Contract. See Highlands County Health Department file.
I. Consideration of Continuation of Other Personnel Services (OPS) Employment for Employee No. 7762 and Waiving of the Six (6) Calendar Month Limit as Stated in Policy 402:4 of the Highlands County BCC Personnel Rules and Regulations with and Estimated Fiscal Impact of $975.08 for Fiscal Year 16/17. See SMB 122 Page 5.
J. Request for approval of Budget Amendment 16-17-150 to realign funding within Project 16025 for Healthy Families Highlands. See SMB 122 Page 6.
K. Request approval of budget amendment 16-17-145 reallocating the budget within project #16057. See SMB 122 Page 7.
L. Request approval of Budget Amendment 16-17-146 to cover the FY 16-17 formula-based county Medicaid contribution. See SMB 122 Page 8.
M. Request approval of Budget Amendment 16-17-147 for the realignment of funding for the Technology Infrastructure Project #14033. See SMB 122 Page 9.
9. CONSENT AGENDA (2): Request approval to pay all bills with voting conflicts. There being no further bills with potential voting conflicts, this item was not considered.
10. PUBLIC HEARINGS
A. Proposed Ordinance amending Chapter 12 (also known as the Highlands County Land Development Regulations) of the Highlands County Code of Ordinances.
Linda Conrad, Zoning Supervisor, & Susan BuChans, Planning Supervisor, presented the request. This public hearing was properly advertised and a proof of publication was submitted to the Clerk to become part of the permanent record. Mr. Conrad read the caption of the Ordinance into the record.
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Chairman Elwell opened the floor to the public. Input was not provided. Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to approve, execute, and adopt the Ordinance as submitted. Upon roll call, all Commissioners voted aye. The motion carried. See Ordinance Book 16, Proof of Publication file & Land Development Regulations file.
Chairman Elwell stated that it was brought to his attention that consent item 8G was advertised as a public hearing, and requested that a motion be made to remove item 8G from the consent agenda. Commissioner Brooks made a motion and Commissioner Handley seconded the motion, to move to amend his motion to request that item 8G be moved from the consent agenda and heard separately. Upon roll call, all Commissioners voted aye. The motion carried.
B. Clinton Howerton, Jr., County Engineer: Request to approve a Resolution for a Vacation of Right-of-
Way of Eucalyptus Avenue. Clinton Howerton, Jr., County Engineer, presented the request. This public hearing was properly advertised and a proof of publication was submitted to the Clerk to become part of the permanent record. Chairman Elwell opened the floor to the public. Input was not provided. Commissioner Richie made a motion and Commissioner Handley seconded the motion, to move to approve that portion of Eucalyptus as described in the attached Resolution to be vacated, abandoned, discontinued, closed and all rights of the County and the public, in and to the section of the road and any lands in connection therewith, be and they are hereby renounced and disclaimed. Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 28 Page 169 & SMB 122 Page 10.
11. ACTION AGENDA June Fisher, County Administrator, stated that there are corrected resolution for item 10A. Commissioner Handley made a motion and Commissioner Harris seconded the motion, to move to set the action agenda, with the revisions. Upon roll call, all Commissioners voted aye. The motion carried.
A. Scott Canaday, Community Safety Director: County Engineer: Request for approval of a Resolution
renewing a declaration for a state of local emergency. Ross Macbeth, County Attorney, presented the request and stated that he prepared two resolution for the Board¶s consideration: one extends the local emergency for another seven (7) days, and the second one mirrors that of the Governor¶s executive order, which is longer. Mr. Macbeth stated that they could also use the executive order based one that lasts for the duration of the executive order, with the provision of the Sheriff¶s curfew.
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Commissioner Harris made a motion and Commissioner Brooks seconded the motion, to move to approve the longer Resolution with the provision of the curfew added. Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 28 Page 170 & SMB 122 Page 11.
B. Tasha Morgan, Business Services Director: Request approve of Resolution adopting an updated
Purchasing Manual with an effective date of October 1, 2017. Tasha Morgan, Business Services Director, presented the request. Commissioner Harris made a motion and Commissioner Brooks seconded the motion, to move to approve the Resolution adopting an updated Purchasing Manual with an effective date of October 1, 2017. Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 28 Page 171 & Purchasing Manual file.
C. Clinton Howerton, Jr., County Engineer: Consideration to purchase a bulldozer for the Solid Waste
Department by Direct Purchase Using Solid Waste Funds. Clinton Howerton, Jr., County Engineer, and Robert Diefendorf, Engineering Project Manager, presented the request. Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to approve Budget Amendment 16-17-149 with an accompanying Resolution for the direct purchase of a Komatsu D61PX-24 Crawler Dozer without trade in and TMR Agreement with LIMC at a cost of $359,553.00 by appropriating additional Fund Balance into Fund 401 and realigning budgeted lease payment to fund the direct purchase and waive the Board adopted purchasing policy located in the Highlands County Purchasing Manual, Section 3.50 titled Outside Purchases ($0.01 to $25,000) ± ³Quotations´ for the optional equipment and Section 3.60.50 titled Outside Purchases over $25,000 ± ³Request for Proposal (RFP All Other Products and Services´ to purchase the TMR Agreement with LIMC. Upon roll call, all Commissioners voted aye. The motion carried. See Linder file, Res. Book 28 Page172 & SMB 122 Page 12.
D. J. Ross Macbeth, County Attorney: County Attorney File Log
Ross Macbeth, County Attorney, presented the County Attorney¶s file log and addressed concerns raised by the Commission. See SMB 122 Page 13.
E. June Fisher, County Administrator:
June Fisher, County Administrator, stated that she had nothing further to present. See SMB 122 Page 14.
12. PUBLIC INPUT: No further participants.
13. COMMISSIONERS
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28
x Commissioner Handley: Commissioner Handley questioned when the County Attorney contract would come
back before the Board. Chairman Elwell stated that the County Attorney would like to address a couple of things individually with each Commissioner, and then it will come back before the Board under the consent agenda.
x Commissioner Brooks: Commissioner Brooks sent out kudos to everyone that has come forward to help deal with the tremendous situation following Hurricane Irma.
x Commissioner Richie: No report.
x Commissioner Harris: Commissioner Harris stated that everyone pulling together during this time of need makes you glad to be a Highlander.
x Commissioner Elwell: Commissioner Elwell sent a shout-out to Commissioner Ron Davis from Paulding
County, Georgia, who has come here to serve at Grace Bible Church all week. Chairman Elwell sent a special thank you to every County team member for all their help during and after the storm.
14. ADJOURN The meeting was adjourned at 12:54 p.m.
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29
REGULAR MEETING OF THE BOARD, OCTOBER 3, 2017 1. The meeting was called to order at 9:00 a.m. in the Highlands County Board of County Commission Chambers
at 600 S. Commerce Avenue, Sebring, Florida, with the following members present:
Commissioner Don Elwell Commissioner R. Greg Harris Commissioner Jack L. Richie Commissioner William R. Handley Commissioner James L. Brooks
Also present: June Fisher, County Administrator; Randy Vosburg, Assistant County Administrator; Joy Carmichael, Assistant County Attorney; Robert W. Germaine, Clerk of Courts; Pamela Gamez and Maria Brenes, Deputy Clerks. A moment of silence was offered for the families and victims of the recent tragedy that took place in Las Vegas.
2. INVOCATION: Pastor Matt Crawford, First Baptist Church of Sebring The meeting opened with a prayer by Pastor Matt Crawford, with the First Baptist Church of Sebring. 3. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by the VFW Post 4300 Honor Guard. 4. ANNOUNCEMENT
Date Time Meeting
Oct 03 7:00 pm Construction, Licensing, Enforcement & Appeals Board Boardroom, 600 S. Commerce Ave., Sebring, FL
Oct 10 3:00 pm Planning & Zoning Commission & the Local Planning Agency & the Zoning Board of Adjustment Boardroom, 600 S. Commerce Ave., Sebring, FL
Oct 11 7:30 am Highlands Co. Industrial Development Authority & Highlands Co. Economic Development Commission
Oct 12 1:30 pm Public Hearing of Highlands County Code Enforcement Pamela T. Karlson, Special Magistrate Judge Clifton Kelly Courtroom, 430 S. Commerce Ave., Sebring, FL
Oct 12 2:00 pm Recreation & Parks Advisory Committee 6SRUWV�&RPSOH[�&RQFHVVLRQ�%XLOGLQJ������6KHULII¶V�7RZHU�5RDG��6HEULQJ��)/
The Industrial Development Authority and Economic Development Commission meeting listed above will take place in the Engineering Conference room. The Heartland Regional Transportation Planning Organization will meet tomorrow at 10:00 a.m. in the Highlands County Commission Boardroom. The Highlands Tea Party ZLOO�PHHW�WRQLJKW�DW�+RPHU¶V�5HVWDXUDQW�DW������S�P��*XHVW�VSHDNHU�ZLOO�EH�6KHULII�3DXO�Blackman. The Tea Party will also hold a Back to God Rally on November 4, 2017. Chairman Elwell announced that NASCAR sent supplies and they will be distributed at the Sebring International Raceway building starting at 5:00 p.m. this evening. 5. CONSTITUTIONAL OFFICERS ² ANNOUNCEMENTS No report.
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30
6. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS:
A. James Branca, Fire Marshal: Request approval of a proclamation recognizing October 2017 as Fire Prevention Month.
James Branca, Fire Marshal, presented the request. Chairman Elwell read the Proclamation into the record. Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to approve the Proclamation recognizing October 2017 as Fire Prevention Month. Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 28 Page 175 & SMB 122 Page 15.
B. Ms. Tonya Akwetey, Fetal Infant Mortality Review (FIMR) Coordinator for the Healthy Start Coalition
Hardee, Highlands & Polk Counties, Inc.: Request approval of a Proclamation recognizing October 2017 as "Safe Sleep Awareness Month" in Highlands County.
Ms. Tonya Akwetey, with the Healthy Start Coalition of Hardee, Highlands & Polk Counties, Inc., presented the request and read the Proclamation into the record. Commissioner Brooks made a motion and Commissioner Handley seconded the motion, to move to adopt the Proclamation as read. Upon roll call, all Commissioner voted aye. The motion carried. See Res. Book 28 Page 176 & SMB 122 Page 16.
Chairman Elwell urged citizens to look out for unlicensed contractors. Benjamin Dunn, Development Services Director, stated that unlicensed contractors have always been an issue and stated that the Building Department has coordinated efforts with the SheriII¶V�2IILFH�WR�FLWH�WKRVH�WKDW�DUH�XQOLFHQVHG��7KH�EHVW�ZD\�WR�SURWHFW�\RXUVHOI�LV�WR�educate yourself, and Mr. Dunn stated that their website has a list of what to look for to best protect yourself.
FEMA Update Dolph Diemont, FEMA Coordinating Officer, gave an update on FEMAs recovery efforts post Hurricane Irma. Mr. Diemont stated that they have received over 19,000 registrations for assistance as of yesterday. A Disaster Recovery Center (DRC) is now open at George Boulevard in Sebring seven (7) days a week, from 8:00 a.m. to 8:00 p.m. Residents are encouraged to visit this site where staff is available to walk them through their individual case. Public assistance teams have joined with County staff and locals to assess the infrastructure damage throughout the County. The County Engineer gave an update on the debris that has been picked thus far. Chairman Elwell stated that bagged leaves/small debris can be placed next to recycling carts and the waste hauler will pick those up.
7. CITIZENS NOT ON THE AGENDA Mr. Blake Lowry came before the Commission to request an update on the drainage issue on CR 621. Clinton Howerton, Jr., County Engineer, stated that he has spoken to the water management district and that they are not in favor of removing the permitted block. Kyle Green, Road & Bridge Superintendent, stated that they went out there yesterday and took pictures of the area. Pictures were entered into the record. Mr. Howerton stated that they are trying to find the best permanent solution. See Citizens Not on the Agenda file.
BOOK 23 PAGE 367
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31
8. CONSENT AGENDA Chairman Elwell stated that items 8E and 8J would be removed from the consent agenda. Benjamin Dunn, 'HYHORSPHQW�6HUYLFHV�'LUHFWRU��VWDWHG�WKDW�LQ�UHJDUGV�WR�LWHP��(��WKH�6XQ�µ1�/DNH�RI�6HEULQJ�,PSURYHPHQW�'LVWULFW�has already sold the lots and are no longer available for the individual to purchase. Commissioner Brooks made a motion and Commissioner Handley seconded the motion, to move to approve the consent agenda with the removal of item 8J to be moved under the action agenda, and the removal of item 8E. Upon roll call, all Commissioners voted aye. The motion carried.
A. Request approval to pay all duly authorized bills October 3, 2017. See Check Report file.
GENERAL FUND 3,940,608.75 COUNTY TRANSPORT TRUST 173,487.68 LOCAL GOVT INFRA SURTAX 381,131.22 TOURIST DEV TRUST FUND 4,234.00 SHIP 28,289.29 SEBRING PARKWAY MAINT 389.62
CRIME PREVENTION 38,815.00 COURT TECH 28.24 (12)(E)1 3,274.52 BUILDING FUND 286.41 SOLID WASTE 16,858.51 ENERGY RECOVERY 2,007.18 EMPLOYEE BENEFIT FUND 431,969.66 INSURANCE FUND 719,579.25
B. Request approval of the minutes from the following meetings: August 1, 2017 Regular Meeting; August 8, 2017 9am Budget Workshop; August 8, 2017 1pm Budget Workshop; August 15, 2017 Regular Meeting; August 15, 2017 Budget Workshop; August 25, 2017 Emergency Meeting; September 5, 2017 Regular Meeting; September 6, 2017 1st Budget Public Hearing; September 12, 2017 Emergency Meeting; and the September 14, 2017 Final Budget Public Hearing. See Clerk of Courts website.
C. Request to approve and execute Business Service Order Agreement with Comcast Cable Communications Management, LLC for internet service for the new Sun 'N Lake EMS/Fire Station. See Comcast Cable file.
D. Request to approve authorizing the Property Appraiser to extend the 2017 ad valorem property tax
roll prior to completion of the Valuation Adjustment Board Hearings. See SMB 122 Page 17.
E. Request Approval of Release of Declaration of Covenants and Conservation Easement Agreement. (This item was pulled from the agenda.) See SMB 122 Page 18.
F. Request approval of a Tourist Development Tax Grant in the amount of $5,000 to the U.S. Sport Aviation Institute, Inc. for advertising the US Sport Aviation Expo. See Tourist Development Council file.
G. Request approval of new formats and updates to job descriptions for the director level positions. See SMB 122 Page 19.
BOOK 23 PAGE 368
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32
H. Request approval of Amendment No. 1 to Agreement for Ambulance Billing and Related Professional
Services. See Emergency Medical Services file.
I. Request for approval of Letter of Agreement (LOA) and Community Benefit Agreement for payments to the state for the Intergovernmental Transfer (IGT) in accordance with the Medicaid reimbursement program. See Agency for Health Care Administration file.
J. Approval of County Attorney Employment Agreement. (This item was pulled from the consent agenda for discussion under the action agenda).
K. Consideration to approve Budget Amendment 16-17-151 to reallocate $6,000.00 from the Infrastructure Surtax Reserve for Contingency to Project 15067 Annex HVAC Replacement. See SMB 122 Page 20.
L. Request approval of budget amendment 17-18-001 to realign the Sheriff's 17-18 budget. See Res. Book 28 Page 177 & SMB 122 Page 21.
9. CONSENT AGENDA (2): Request approval to pay all bills with voting conflicts. There being no further bills with potential voting conflicts, this item was not considered.
10. PUBLIC HEARINGS
A. Susan BuChans, Planning Supervisor: Request approval of proposed text and map amendments to the Highlands County 2030 Comprehensive Plan, CPA-17-546LS.
Susan BuChans, Planning Supervisor, presented the request and read the caption of the Ordinance into the record. This public hearing was properly noticed and a proof of publication was submitted to the Clerk to become part of the permanent record. Chairman Elwell opened the floor to the public. Input was not provided. Commissioner Richie made a motion and Commissioner Handley seconded the motion, to move to approve and adopt by Ordinance, Large Scale Plan Amendment CPA-17-546LS, amending the Future Land Use Element and Future Land Use Map Series, Transportation Element and Transportation Map Series, Infrastructure Element, Natural Resources Element, Recreation and Open Space Element, Intergovernmental Coordination Element, Economic Development Element, Capital Improvements Element, Public School Facilities Element, and Definitions and Acronyms Section of the Highlands County 2030 Comprehensive Plan and transmit CPA-17-546LS to the Florida Department of Economic Opportunity for its compliance determination, referencing the mandatory findings of fact and becoming effective as provided by law. Upon roll call, all Commissioner voted aye. The motion carried. See Ordinance Book 17 & Comprehensive Plan Amendment file.
B. Garrett S. Roberts��6KHULII·V�*HQHUDO�&RXQVHO��DQG�/W��&OD\WRQ�.LQVORZ��An Ordinance of the Board of
County Commissioners of Highlands County, Florida, amending Section 2-383 of the Code of Ordinances, Highlands County, Florida, pertaining to sections of the Code of Ordinances, Highlands County, Florida, that may be enforced pursuant to Division 4 of Article XII of Chapter 2 of the Code of Ordinances, Highlands County, Florida; amending Sections 4.5-6, 4.5-21, 4.5-22, 4.5-24, 4.5-25, and
BOOK 23 PAGE 369
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33
4.5-28, of the Code of Ordinances, Highlands County, Florida; amending Article ii of chapter 4.5 of the Code of Ordinances, Highlands County, Florida, by adding thereto a new Section 4.5-29; and amending Sections 4.5-41 and 4.5-42 of the Code of Ordinances, Highlands County, Florida; pertaining to animal control; providing for conflict; providing for inclusion in code; providing for severability; providing for an effective date.
/W�� &OD\WRQ� .LQVORZ�� ZLWK� WKH� 6KHULII¶V� 2IILFH�� DQG� *DUUHW� 6�� 5REHUWV�� 6KHULII¶V� *HQHUDO� &RXQVHO�� SUHVHQWHG� WKH�request. The public hearing was properly advertised and a proof of publication was submitted to the Clerk to become part of the permanent record. Chairman Elwell opened the floor to the public. Input was not provided. Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to adopt an Ordinance of the Board of County Commissioners of Highlands County, Florida, amending Section 2-383 of the Code of Ordinances, Highlands County, Florida, pertaining to sections of the Code of Ordinances, Highlands County, Florida, that may be enforced pursuant to Division 4 of Article XII of Chapter 2 of the Code of Ordinances, Highlands County, Florida; amending Sections 4.5-6, 4.5-21, 4.5-22, 4.5-24, 4.5-25, and 4.5-28, of the Code of Ordinances, Highlands County, Florida; amending Article ii of chapter 4.5 of the Code of Ordinances, Highlands County, Florida, by adding thereto a new Section 4.5-29; and amending Sections 4.5-41 and 4.5-42 of the Code of Ordinances, Highlands County, Florida; pertaining to animal control; providing for conflict; providing for inclusion in code; providing for severability; providing for an effective date. Upon roll call, all Commissioner voted aye. The motion carried. See Ordinance Book 17, Proof of Publication file & SMB 122 Page 22.
C. J. Ross Macbeth, County Attorney: An Ordinance amending Article I of Chapter 2 of the Code of
Ordinances, Highlands County, Florida, by adding thereto a new Section 2-9, providing legislative findings and intent; providing for definitions, providing for designation of an Official County Seal for Highlands County to be used by the Board of County Commissioners and its employees in the performance of their official duties and for other authorized uses, describing prohibited activities; providing for enforcement; adopting penalties for unauthorized use; providing for conflict; providing for severability; and providing for an effective date.
Joy Carmichael, Assistant County Attorney, presented the request and read the caption of the Ordinance into the record. The public hearing was properly advertised and a proof of publication was submitted to the Clerk to become part of the permanent record. Chairman Elwell opened the floor to the public. Input was not provided. Ms. Carmichael read the recommended motion into the record as follows: Move to adopt an Ordinance amending Article I of Chapter 2 of the Code of Ordinances, Highlands County, Florida, by adding thereto a new Section 2-9, providing legislative findings and intent; providing for definitions, providing for designation of an Official County Seal for Highlands County to be used by the Board of County Commissioners and its employees in the performance of their official duties and for other authorized uses, describing prohibited activities; providing for enforcement; adopting penalties for unauthorized use; providing for conflict; providing for severability; and providing for an effective date Commissioner Brooks made a motion and Commissioner Handley seconded the motion, to move to approve the motion as read.
BOOK 23 PAGE 370
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34
Upon roll call, all Commissioner voted aye. The motion carried. See Ordinance Book 17, Proof of Publication file & SMB 122 Page 23.
D. Rich Barner, EMS Manager: Public Hearing to consider approval of Lifefleet Southeast, Inc. d/b/a
American Medical Response's current Class 2 and 3 Certificate of Public Convenience and Necessity (COPCN).
Rich Barner, EMS Manager, presented the request. This public hearing was properly advertised and a proof of publication was submitted to the Clerk to become part of the permanent record. Mr. Barner read both recommended motions into the record as follows: Motion 1) that it has been determined that the proposed service, to the extent of the authorized certificate, is or will be required by the present or future public convenience and necessity, and that Lifefleet Southeast, Inc., d/b/a American Medical Response is financially and otherwise able to provide adequate service; and Motion 2) to grant application by Lifefleet Southeast, Inc., d/b/a American Medical Response, and issue a certificate of convenience and necessity to Lifefleet Southeast, Inc., d/b/a American Medical Response, containing items as in Section 5-57 (C) of the Code of Ordinances, for a Class 3 ± Advanced Life Support Ambulance, for a period of 2 years, with conditions and limitations that only allow basic and advanced life support interfacility transfers between IDFLOLWLHV�DV�RXWOLQHG�LQ�WKH�&RGH��DQG�DW�WKH�&RXQW\¶V�UHTXHVW��WUDQVSRUW�SDWLHQWV�WR�PHGLFDO�IDFLOLWLHV�DQG�WR�RIIHU�RQ-scene assistance as outlined in the ordinance. Commissioner Handley moved to approve both motions as read into the record. Commissioner Harris seconded the motions. Upon roll call, all Commissioner voted aye. The motion carried. See American Medical Response file.
BREAK: 10:31 a.m. to 10:41 a.m.
11. ACTION AGENDA Commissioner Handley made a motion and Commissioner Harris seconded the motion, to move to set the action agenda as presented. Upon roll call, all Commissioner voted aye. The motion carried.
A. Kyle Green, Road & Bridge Superintendent, and Clinton Howerton, Jr., County Engineer: Roadway Management Program.
Kyle Green, Road & Bridge Superintendent, presented the request and stated that staff is asking the Board to consider modifying the current road reconstruction program and to authorize staff to bring back options of how annual road reconstruction funds could be appropriated differently towards improving other roads. Chairman Elwell asked Mr. Green to also get with the legal department because the definition of the word ³SDVVDEOH´�ZLOO�EH�LQWHJUDO��Commissioner Brooks suggested that a letter be sent to each person that fronts a road that will be worked on, and H[SODLQ�H[DFWO\�ZKDW�ZLOO�EH�GRQH�WR� WKHLU� URDG�VR�WKDW�WKH\�GRQ¶W�KDYH�IDOVH�H[SHFWDWLRns. The Assistant County Attorney suggested adding a disclaimer to the letter warning residents on the weight the road can hold. Public input was received from Bruce Smith.
BOOK 23 PAGE 371
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35
Commissioner Brooks made a motion and Commissioner Handley seconded the motion, to move to consider to modify the current Road Reconstruction Program and utilize annual road reconstruction funding towards the Roadway Management Program without implementing an assessment or Municipal Service Benefit Unit/Tax at this time. Upon roll call, all Commissioner voted aye. The motion carried. See SMB 122 Page 24.
B. J. Ross Macbeth, County Attorney: County Attorney File Log.
Joy Carmichael, Assistant County Attorney, presented the County Attorney file log and stated that she was available for any questions. See SMB 122 Page 25.
C. June Fisher, County Administrator: Pending Items/Project Report Update
June Fisher, County Administrator, presentHG�WKH�&RXQW\¶V�OLVW�RI�SHQGLQJ�LWHPV�SURMHFWV�DQG�DGGUHVVHG�FRQFHUQV�raised by the Commission. See SMB 122 Page 26. Ms. Fisher stated that the County is in need of legal services and asked for direction on how to move forward. She stated that Bryant, Miller & Olive have provided services in the past, and that a local attorney, Bert Harris, III, has also offered his services. The Commission concurred to have Ms. Fisher negotiate with the two for the items that are now pending, and for the long term, to advertise the County Attorney position. &KDLUPDQ�(OZHOO�VWDWHG�WKDW�WKH�&RXQW\�$WWRUQH\¶V�FRQWUDFW�H[SLUHG�DW�WKH�HQG of the fiscal year and after not being able to reach an agreement to renew the contract, he has vacated the position. See SMB 122 Page 27.
12. PUBLIC INPUT: JP Fane, president of the Golf Hammock Homeowners Association, thanked the County for working diligently to WDNH�FDUH�RI�WKH�LVVXHV�DIWHU�+XUULFDQH�,UPD�DQG�WKDW�ZKLOH�KH�KDVQ¶W�VHHQ�DQ\�UHOLHI�LQ�KLV�QHLJKERUKRRG��KH�NQRZV�they are on the list. Ray Royce, with the Town of Lake Placid and the Highlands County Citrus Growers Association, stated that we are fortunate that Mr. Bert Harris, III and his firm are in a position to offer their assistance to the County, and encouraged the County to take advantage of the expertise they could bring to the County. Mr. Royce questioned if the Commission was going to discuss changing the county attorney model that has been put in place, or if they plan to keep the same model and look for a full-time in-house attorney.
13. COMMISSIONERS
x Commissioner Handley: No report.
x Commissioner Brooks: Commissioner Brooks thanked County staff for all their hard work recently. Commissioner Brooks mentioned that there is a situation in the Lacey Hills area of Avon Park where some residents still have water around their homes, and stated that they need to come up with a plan to help them get the water out of there. Commissioner Harris requested this item be added to the priority list.
x Commissioner Richie: Commissioner Richie thanked everyone who has helped this County at the local and state level. Commissioner Richie commented on the meeting he had in Orlando this past week.
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36
x Commissioner Harris: Commissioner Harris sent kudos to staff and everyone putting in long hours, and
requested everyone keep pushing forward to get the cleaning done.
x Commissioner Elwell: Commissioner Elwell thanked Governor Scott and his staff and Senator Tom Rooney and his staff for all their help. Commissioner Elwell stated that he will hold a Citizens Debriefing on Tuesday, October 24, 2017 at 5:30 p.m. in the County Commission Boardroom. Because more than one commissioner may be in attendance, this meeting will be advertised.
14. ADJOURN The meeting was adjourned at 11:42 a.m.
BOOK 23 PAGE 373
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37
HIGHLANDS COUNTYCOUNTY COMMISSION AGENDA ITEM
DATE OF ACTION REQUEST: October 17th, 2017
PRESENTER: Chris Benson, Community Programs Director
SUBJECT/TITLE: Request for approval of State Housing Initiative Program (SHIP) AnnualReports.
STATEMENT OF ISSUE
The State Housing Initiatives Partnership (SHIP) Grant Year 2014-2015 funds were awarded to the County in 2014for eligible housing activities in accordance with the adopted Local Housing Assistance Plan (LHAP). The LHAPguidance documents allowed a 2-year period to encumber funds and an additional year to expend in accordance withstate rule. The expenditure deadline was in June 30, 2017. The rule further allows for an extension on the expenditure offunds and the County was granted an extension on Grant Year 2013-2014 Florida Housing Trust Fund disbursed approximately $100 million in SHIP funds. These fund were then allocated toFlorida Counties as FY 2014-2015. Highlands County received $504,462.00 and other funds were used from programincome. Each year, the County submits 3 annual reports for 3 distributions. This year the County will submit 4 annual reports 2of which are ‘Close Out’ years. Generally, ‘First received, First expended” the other two are the interim reports. It isrequested that the Board of County Commissioners review and approve the attached Highlands County SHIP ProgramGrant Years 2013-2014, 2014-2015, 2015-2016 and 2016-2017 Annual Reports for the submission to the FloridaHousing Finance Corporation. Please see Attachment 1 for breakdown of programs by income levels.
RECOMMENDED ACTION
Move to approve State Housing Initiative Program (SHIP) Annual Reports.
FISCAL IMPACT
No fiscal impact.
Attachments: Attachment I Income Level Breakdown 13-14 & 14-15.xlsxShipAnnualReport 2013-2014 Unsubmitted.pdfShipAnnualReport 2014-2015 Unsubmitted.pdfShipAnnualReport 2015-2016 Interim Unsubmitted.pdfShipAnnualReport 2016-2017 Interim Unsubmitted.pdf
38
Attachment I
Down Payment Assistance Extremely Low IncomeVery Low IncomeLow Income Moderate IncomeNumber of Clients Assisted 0 0 7 2Average Amount Assisted -$ -$ 6,423.41$ 3,800.00$ Average Purchase Price -$ -$ 73,357.15$ 73,208.00$
RehabilitationNumber of Clients Assisted 10 4 14 0Average Amount Assisted 12,537.70$ 6,654.00$ 8,559.50$ -$ Average Home Value 37,012.60$ 35,646.50$ 57,492.50$ -$
Foreclosure InterventionNumber of Clients Assited 1 1 1 0Average Amount Assisted 2,000.00$ 2,000.00$ 1,564.41$ -$ Average Home Value 33,046.00$ 35,396.00$ 67,726.00$ -$ Special Needs Rental 6 2
Down Payment Assistance Extremely Low IncomeVery Low IncomeLow Income Moderate IncomeNumber of Clients Assisted 2 1 6 3Average Amount Assisted 14,000.00$ 15,000.00$ 10,833.33$ 11,166.67$ Average Purchase Price 65,650.00$ 63,000.00$ 83,400.00$ 80,500.00$
RehabilitationNumber of Clients Assisted 6 1 9 0Average Amount Assisted 9,472.61$ 20,325.31$ 12,375.10$ -$ Average Home Value 49,498.17$ 40,000.00$ 48,863.67$ -$
Foreclosure InterventionNumber of Clients Assited 0 1 1 0Average Amount Assisted -$ 2,000.00$ 2,000.00$ -$ Average Home Value 33,808.00$ 107,683.00$ -$
GRANT YEAR 2013-2014
GRANT YEAR 2014-2015
Total of Assistance $69,338.3
39
SHIP Annual ReportHighlands County FY 2013/2014 Closeout
Form 1
Report Status: UnsubmittedTitle:
1Page
Form SHIP AR/200967-37.008(3)(f), F.A.C.Effective Date: 11/2009
40
Form 2
Code StrategyExpended
Amount UnitsEncumbered
Amount UnitsUnencumbered
Amount Units
1 Purchase Assistance $52,589.41 9
3 Rehabilitation $284,123.12 28
7 Foreclosure Prevention $5,721.33 3
Homeownership Totals: $342,433.86 40
Homeownership
SHIP Distribution Summary
Code StrategyExpended
Amount UnitsEncumbered
Amount UnitsUnencumbered
Amount Units
12 Special Needs Rental $69,338.30 8
Rental Totals: $69,338.30 8
Rentals
Subtotals: $411,772.16 48
Additional Use of Funds
Use Expended Encumbered
Administrative $10,500.00
Homeownership Counseling
Admin From Program Income $4,146.13
Admin From Disaster Funds
Unencumbered
Totals: $426,418.29 $.00 $.0048
Total Revenue (Actual and/or Anticipated) for Local SHIP Trust Fund
* Carry Forward to Next Year: $1,402.56
NOTE: This carry forward amount will only be accurate when all revenue amounts and all expended, encumbered and unencumbered amounts have been added to Form 1
Source of Funds Amount
State Annual Distribution $350,000.00
Program Income (Interest) $1,023.63
Program Income (Payments) $75,391.85
Recaptured Funds
Disaster Funds
Other Funds
Carryover funds from previous year $1,405.37
Total: $427,820.85
2Page
Form SHIP AR/200967-37.008(3)(f), F.A.C.Effective Date: 11/2009
41
Description Eff. 1 Bed 2 Bed 3 Bed 4 Bed
Special Needs Rental 668 716 858 992 1,107
Rental Unit Information
Recap of Funding Sources for Units Produced ("Leveraging")
Source of Funds Produced through June 30th for Units
Amount of Funds Expended to Date % of Total Value
SHIP Funds Expended $411,772.16 40.31%
Public Moneys Expended $.00 .00%
Private Funds Expended $594,945.00 58.24%
Owner Contribution $14,812.85 1.45%
Total Value of All Units $1,021,530.01 100.00%
SHIP Program Compliance Summary - Home Ownership/Construction/Rehab
Compliance Category SHIP Funds Trust Funds
Homeownership $336,686.93 $350,000.00
Construction / Rehabilitation $406,025.23 $350,000.00
% of Trust FundFL Statute Minimum %
96.20% 65%
116.01% 75%
Program Compliance - Income Set-Asides
Project Funding for Expended Funds Only
Income Category SHIP FundsExpended
SHIP FundsEncumbered
SHIP FundsUnencumbered
Total ofSHIP Funds
Total Available Funds % *
Extremely Low $182,691.27 $182,691.27 42.70%
Very Low $47,180.22 $47,180.22 11.03%
Low $174,300.67 $174,300.67 40.74%
Moderate $7,600.00 $7,600.00 1.78%
Over 120%-140% $.00 .00%
Totals: $411,772.16 $.00 $.00 $411,772.16 96.25%
Income Category Total Funds Mortgages,
Loans & DPL's
Mortgages, Loans &
DPL Unit #s
Total FundsSHIP Grants
SHIP Grant
Unit #s
Total SHIPFunds
Expended
Total # Units
Extremely Low $129,227.57 11 $53,463.70 6 $182,691.27 17
Very Low $29,845.62 5 $17,334.60 2 $47,180.22 7
Low $174,300.67 22 $174,300.67 22
Moderate $7,600.00 2 $7,600.00 2
Totals: $340,973.86 40 $70,798.30 8 $411,772.16 48
The amount of rent charged for a rental unit based on the unit size complies with the Rent Limits posted on the Florida Housing website√
3Page
Form SHIP AR/200967-37.008(3)(f), F.A.C.Effective Date: 11/2009
42
Strategy
List Unincorporated and Each
Municipality ELI VLI Low Mod Total
Purchase Assistance Highlands County 0 0 7 2 9
Owner Occupied Rehabilitation
Highlands County 10 4 14 28
Foreclosure Prevention
Highlands County 1 1 1 3
Special Needs Rental
Sebring 6 2 0 0 8
Totals: 17 7 22 2 48
Number of Households/Units Produced
Description
List Unincorporated and Each
Municipality 0 - 25 26 - 40 41 - 61 62+ Total
Purchase Assistance Highlands County 2 5 1 1 9
Owner Occupied Rehabilitation
Highlands County 0 6 14 8 28
Foreclosure Prevention
Highlands County 3 3
Special Needs Rental
Sebring 7 1 8
Totals: 9 12 18 9 48
Characteristics/Age (Head of Household)
Description
List Unincorporated and Each
Municipality1
Person2- 4
People5 +
People Total
Purchase Assistance Highlands County 3 2 4 9
Owner Occupied Rehabilitation
Highlands County 10 15 3 28
Foreclosure Prevention
Highlands County 3 3
Special Needs Rental
Sebring 7 1 8
Totals: 20 21 7 48
Family Size
Description
List Unincorporated and Each
Municipality White BlackHisp-anic Asian
Amer-Indian Other Total
Purchase Assistance Highlands County 7 1 1 9
Owner Occupied Rehabilitation
Highlands County 10 9 9 28
Foreclosure Prevention
Highlands County 1 1 1 3
Race (Head of Household)
Form 3
4Page
Form SHIP AR/200967-37.008(3)(f), F.A.C.Effective Date: 11/2009
43
Status of Incentive StrategiesIncentive Strategy:
Form 4
Special Needs Rental
Sebring 6 1 1 8
Totals: 24 12 12 48
Description
List Unincorporated and Each
MunicipalityFarm
Worker
Devel. Dis-
abledHome-
less Elderly Other Other Total
Purchase Assistance Highlands County 1 1 2
Owner Occupied Rehabilitation
Highlands County 5 1 0 13 19
Foreclosure Prevention
Highlands County 0
Special Needs Rental
Sebring 8 8
Totals: 6 1 0 13 9 29
Demographics (Any Member of Household)
Special Target Groups for Funds Expended (i.e. teachers, nurses, law enforcement, fire fighters, etc.) Set Aside
DescriptionSpecial Target
Group Expended FundsTotal # of
Expended Units
5Page
Form SHIP AR/200967-37.008(3)(f), F.A.C.Effective Date: 11/2009
44
Expedited Permitting Section 420.9071(16), F.S Permits as defined in s. 163.3164(7) and (8) for affordable housing projects are expedited to a greater degree than other projects.A. Established Policy and Procedures 1:1. Section 12.04.300 Affordable housing expedited permitting. When requested by an applicant for an affordablehousing project, as defined by F.S. Ch. 420, Pt. VI, and the application is determined to be complete, the countyshall grant first priority in review and processing of all preliminary and a final development orders, including plats,site plans, concurrency clearance, driveway permits, and improvement plans, and all other applicabledevelopment permits in order to expedite the issuance of these development orders. To affect the successfulissuance of a development order and/or permit, the county shall continually monitor the progress of theapplication. The project, however shall comply with all requirements of these regulations.2. Section 12.16.306 Affordable housing expedited permitting: When requested by an applicant for an affordablehousing project, as defined by F.S. Ch. 420, Pt. VI, and the application is determined to be complete, the countyshall grant first priority in review and processing to expedite the issuance of all building permit applications,preliminary and a final development orders, and all applicable development permits. To affect the successfulissuance of a development order and/or permit, the county shall continually monitor the progress of theapplication. The project, however shall comply with all requirements of these regulations not elsewhereexempted.3. Section 12.17.204 Affordable housing expedited permitting: When requested by an applicant for an affordablehousing project, as defined by F.S. Ch. 420, Pt. VI, and the application is determined to be complete the countyshall grant first priority in review and processing to expedite the issuance of all preliminary and final developmentorders and all other applicable fire clearances. To affect the successful issuance of a development order and/orpermit, the county shall continually monitor the progress of the application. The project, however, shall complywith the requirements of these regulations not elsewhere exempted.B. Ongoing Review ProcessAn ongoing review of local policies, ordinances, regulations, and plan provisions that increase the cost of housing
prior to their adoption.1. Established Policy and Procedures:The County will continually monitor and review its development approval process to identify and eliminate anyunnecessary impediments to the provision of housing within the community by ordinance and Board of CountyCommissioner resolution.C. Impact Fee WaiversThe County will waive Impact Fees when evidence that the Residential Construction is affordable housing.Affordable Housing shall mean a Dwelling Unit or Units that are within an approved affordable housingdevelopment which are offered for sale or rent to Low Income Persons or Very Low Income Persons and whichmonthly rent or monthly mortgage payments, including taxes, insurance and utilities, do not exceed 30 percent ofthat amount which represents the percentage of the median annual Adjusted Gross Income for Low IncomePersons and Very Low Income Persons in Highlands County.D. Established Policy and ProceduresSec. 13-71. Exemptions. The following shall be exempted from payment of any impact fees: ((1)-(5) omitted) (6)Any residential construction that qualifies as affordable housing and meets the following requirements:Incentive Strategy:Form 4ForeclosurePreventionUnincorporated 0 0 0 1 0 0 1Totals: 3 0 0 10 2 0 15Special Target Groups for Funds Expended (i.e. teachers, nurses, law enforcement,fire fighters, etc.) Set AsideDescriptionSpecial TargetGroup Expended FundsTotal # ofExpended UnitsPage 5Form SHIP AR/200967-37.008(3)(f), F.A.C.Effective Date: 11/2009
Adopting Ordinance or Resolution Number or identify local policy:
6Page
Form SHIP AR/200967-37.008(3)(f), F.A.C.Effective Date: 11/2009
45
Support ServicesPurchase Assistance applicants receive pre-purchase education and guidance.
Other AccomplishmentsNone
Availability for Public Inspection and CommentsThe Annual Report is made available for public inspections at the Housing Office located at 7205 South GeorgeBlvd., Sebring, FL Monday through Friday from 8:00am to 5:00pm.
Homeownership Default & ForeclosureMortgage Foreclosures
A. Very low income households in foreclosure:
B. Low income households in foreclosure:
C. Moderate households in foreclosure:
Mortgage Defaults
A. Very low income households in default:
B. Low income households in default:
C. Moderate households in default:
Welfare to Work Programs
None
Strategies and Production CostsStrategy Average Cost
Purchase Assistance $5,843.27
Owner Occupied Rehabilitation $10,147.25
2
5
5
0
3
5
Adopted 6/24/1998
Fully implemented by 3/30/2012
Implementation Schedule (Date):
Yes
Has the plan or strategy been implemented? If no, describe the steps that will be taken to implement the plan:
The strategies are functioning as intended
Status of Strategy - (is the strategy functioning as intended, i.e. are the time frames being met, etc.):
Foreclosed Loans Life-to-date:
Defaulted Loans Life-to-date:
123
201
SHIP Program Foreclosure Percentage Rate Life to Date:
SHIP Program Default Percentage Rate Life to Date:
13.61
22.23
7Page
Form SHIP AR/200967-37.008(3)(f), F.A.C.Effective Date: 11/2009
46
Expended Funds
Foreclosure Prevention $1,907.00
Special Needs/Rental Development $8,667.30
Strategy Full Name Address City Zip Code
Expended Funds
Unit Counted
Purchase Assistance
Waters, Dylan 1717 Dinner Lake Dr Sebring 33870 $7,025.52
Purchase Assistance
Brady, Thomas 101 Anna Maria Ct. NE
Lake Placid 33852 $10,000.00
Purchase Assistance
Kaiser, Patricia 310 E. Canfield St Avon Park 33825 $4,500.00
Purchase Assistance
Siliona, Pierre 2068 Royalton Rd. Avon Park 33825 $6,838.29
Purchase Assistance
Delgado, Francisco
520 Lakesedge Dr. Lake Placid 33852 $8,000.00
Purchase Assistance
Cooke, Matthew
1816 Steiner Ave. Sebring 33870 $2,625.60
Purchase Assistance
Swafford, Darrell
1949 W Tanager Rd Avon Park 33825 $3,600.00
Purchase Assistance
Celantno, Amber
212 Swallow Ave. Sebring 33872 $4,000.00
Purchase Assistance
Boudreau, Jaime
4513 Howard St Sebring 33870 $6,000.00
Rehabilitation Wernke, Timothy
109 Fox Ridge Road Lake Placid 33852 $2,923.05
Rehabilitation Clayton, Shywanda
739 Lemans Dr. Sebring 33872 $2,990.32
Rehabilitation Boyack, Judy 4407 Jaguar Dr. Sebring 33870 $2,849.95
Rehabilitation Paul, Delores 210 E State St. Avon Park 33825 $16,457.92
Rehabilitation Alcazar, Adelina Soto
4107 Urbino St. Sebring 33872 $15,814.59
Rehabilitation Osborne, Veronica
3466 Sparta Circle, Sebring 33870 $13,077.78
Rehabilitation Snell, Samuel 320 E Washington St.
Avon Park 33825 $10,477.77
Rehabilitation Douglas, Gail 317 E Walnut St. Avon Park 33825 $11,585.61
Rehabilitation Hernandez, Yvette
110 N Prospect Ave. Avon Park 33825 $10,418.29
Rehabilitation Beal, Ronald 1005 W. Durrance St.
Avon Park 33825 $14,419.22
Rehabilitation Strzelewicz, Richard
4309 Duffer Loop Sebring 33875 $9,478.86
Rehabilitation Anderson-Caruso, Chewanda
210 Atterberry Dr. Sebring 33870 $18,777.41
Rehabilitation Rhinehardt, Mary
1085 Wolfe St. Sebring 33870 $8,744.16
Rehabilitation Perez, Jessica 4248 Whiting Ave. Sebring 33872 $19,225.50
Total Unit Count: 48 $411,772.00Total Expended Amount:
8Page
Form SHIP AR/200967-37.008(3)(f), F.A.C.Effective Date: 11/2009
47
Administrative Expenditures
Sub Recipients and Consultants
All Administrative expenditures spent by the local government.$10,500 From Distribution$4,146.13 From Program Income
Name Business Type Strategy Covered Responsibility Amount
Rehabilitation Pope, Charles 148 E Camphor St Avon Park 33825 $5,148.55
Rehabilitation Rivera, Rodolfo
1520 Hotiyee Ave. Avon Park 33875 $19,905.00
Rehabilitation Jones, Catherine
1134 N. Ridgewood Dr
Sebring 33870 $9,254.50
Rehabilitation Clark, Ramona 323 E Camphor St Avon Park 33825 $13,123.93
Rehabilitation Avalos, Luis 4717 Star Ave Sebring 33872 $15,231.62
Rehabilitation Hunt, Allie 3109 Valerie Blvd Sebring 33872 $6,352.64
Rehabilitation Cobb, Gary 2540 W Stryker Rd Avon Park 33825 $3,592.49
Rehabilitation Ramos, Estella 4608 Starfish Ave Sebring 33870 $7,942.19
Rehabilitation Tucker, Maria 4432 Navarre Ave. Sebring 33872 $5,966.94
Rehabilitation Beaubrillant, Viergie
803 Bridgewater St. Avon Park 33825 $20,059.99
Rehabilitation Cerda, Priscilla 3908 Violet Ave Sebring 33870 $4,609.16
Rehabilitation Gonzalez, Mario
923 Lake Josephine Dr
Sebring 33875 $7,598.69
Rehabilitation Mejia, Jose 2535 NE Hilton Rd Avon Park 33825 $5,312.39
Rehabilitation Mortimer, Robert
118 Leona Dr Sebring 33875 $2,784.60
Foreclosure Prevention
Williams, Carolyn
104 Kennedy Dr Sebring 33870 $2,052.79
Foreclosure Prevention
Pintor, Priscilla 1445 Inspiration Dr. Sebring 33870 $1,615.75
Foreclosure Prevention
Morris, Amy 410 Oak Ave. Sebring 33870 $2,052.79
Special Needs Rental
Esoff, Joseph 125 W Park St. #6 Sebring 33870 $8,667.30
Special Needs Rental
Reese, David 125 W Park St. #2 Sebring 33870 $8,667.30
Special Needs Rental
Stephens, Ryan
125 W Park St. #3 Sebring 33870 $8,667.29
Special Needs Rental
Kowalski, Jerrod
125 W Park St. #7 Sebring 33870 $8,667.29
Special Needs Rental
Oneil, Marianne
125 W Park St. #5 Sebring 33870 $8,667.29
Special Needs Rental
Burgos, Manuel
125 W Park St. #4 Sebring 33870 $8,667.29
Special Needs Rental
Benedix, Teresa
125 W Park St #1 Sebring 33870 $8,667.29
Special Needs Rental
Hunter, James III
125 W Park St #9 Sebring 33870 $8,667.25
9Page
Form SHIP AR/200967-37.008(3)(f), F.A.C.Effective Date: 11/2009
48
Program Income
Loan Repayment: $75,391.85
Refinance:
Foreclosure:
Sale of Property:
Interest Earned: $1,023.63
Other ():
Total: $76,415.48
Program Income Funds
Highlands County 2013 Closeout
Explanation of Recaptured funds
Total: $.00
Description Amount
Rental DevelopmentsDevelopment Name
Owner Address City Zip Code
SHIP Amount SHIP Units
Compliance Monitored By
Additional Notes
Volunteers of America
125 Park Street & 2191 Lakeview Dr
Sebring 33870 $69,338.30 8 SHIP/HHR Florida Non Profit Corporation
Single Family Area Purchase PriceThe average area purchase price of single family units: 73,323.95
Or
Not Applicable
Form 5
10Page
Form SHIP AR/200967-37.008(3)(f), F.A.C.Effective Date: 11/2009
49
Code(s) StrategiesExpendedAmount Units
EncumberedAmount Units
1 Purchase Assistance $4,500.00 1
3 Rehabilitation $66,290.08 6
7 Foreclosure Prevention
12 Special Needs Rental $43,336.45 5
SHIP Expended and Encumbered for Special Needs Applicants
Special Needs Breakdown
Strategies Special Needs CategoryExpendedAmount Units
EncumberedAmount Units
(3) Rehabilitation Receiving Social Security Disability Insurance
$28,644.62 3
(3) Rehabilitation Developmental Disabilities $29,703.27 2
(3) Rehabilitation Person with Disabling Condition (not DD)
$7,942.19 1
(12) Special Needs Rental Receiving Supplemental Security Income
$34,669.16 4
(12) Special Needs Rental Person with Disabling Condition (not DD)
$8,667.29 1 1
(1) Purchase Assistance Receiving Supplemental Security Income
$4,500.00 1
Special Needs Category Breakdown by Strategy
Provide a description of efforts to reduce homelessness:Working with other agencies, such as Volunteers of America, The Homeless Coalition and United Way. Getting information and resources out to the clients.
11Page
Form SHIP AR/200967-37.008(3)(f), F.A.C.Effective Date: 11/2009
50
LG Submitted Comments:
Edits made to the report by the LG resulted in report status being changed back to "Unsubmitted"
12Page
Form SHIP AR/200967-37.008(3)(f), F.A.C.Effective Date: 11/2009
51
SHIP Annual ReportHighlands County FY 2014/2015 Closeout
Form 1
Report Status: UnsubmittedTitle:
1Page
Form SHIP AR/200967-37.008(3)(f), F.A.C.Effective Date: 11/2009
52
Form 2
Code StrategyExpended
Amount UnitsEncumbered
Amount UnitsUnencumbered
Amount Units
2 Purchase Assistance $141,500.00 12
3 Rehabilitation $188,537.67 16
7 Foreclosure Prevention $4,095.16 2
Homeownership Totals: $334,132.83 30
Homeownership
SHIP Distribution Summary
Code StrategyExpended
Amount UnitsEncumbered
Amount UnitsUnencumbered
Amount Units
12 Special Needs Rental $200,000.00 24
Rental Totals: $200,000.00 24
Rentals
Subtotals: $534,132.83 54
Additional Use of Funds
Use Expended Encumbered
Administrative $50,446.20
Homeownership Counseling
Admin From Program Income $4,387.92
Admin From Disaster Funds
Unencumbered
Totals: $588,966.95 $.00 $.0054
Total Revenue (Actual and/or Anticipated) for Local SHIP Trust Fund
* Carry Forward to Next Year: $3,928.99
NOTE: This carry forward amount will only be accurate when all revenue amounts and all expended, encumbered and unencumbered amounts have been added to Form 1
Source of Funds Amount
State Annual Distribution $504,462.00
Program Income (Interest) $2,046.02
Program Income (Payments) $85,712.46
Recaptured Funds
Disaster Funds
Other Funds
Carryover funds from previous year $675.46
Total: $592,895.94
2Page
Form SHIP AR/200967-37.008(3)(f), F.A.C.Effective Date: 11/2009
53
Description Eff. 1 Bed 2 Bed 3 Bed 4 Bed
Special Needs Rental 636 681 817 944 1,053
Rental Unit Information
Recap of Funding Sources for Units Produced ("Leveraging")
Source of Funds Produced through June 30th for Units
Amount of Funds Expended to Date % of Total Value
SHIP Funds Expended $534,132.83 37.97%
Public Moneys Expended $.00 .00%
Private Funds Expended $854,586.00 60.75%
Owner Contribution $18,000.31 1.28%
Total Value of All Units $1,406,719.14 100.00%
SHIP Program Compliance Summary - Home Ownership/Construction/Rehab
Compliance Category SHIP Funds Trust Funds
Homeownership $334,132.83 $504,462.00
Construction / Rehabilitation $530,037.67 $504,462.00
% of Trust FundFL Statute Minimum %
66.24% 65%
105.07% 75%
Program Compliance - Income Set-Asides
Project Funding for Expended Funds Only
Income Category SHIP FundsExpended
SHIP FundsEncumbered
SHIP FundsUnencumbered
Total ofSHIP Funds
Total Available Funds % *
Extremely Low $234,836.44 $234,836.44 39.61%
Very Low $60,325.33 $60,325.33 10.17%
Low $203,428.69 $203,428.69 34.31%
Moderate $35,542.37 $35,542.37 5.99%
Over 120%-140% $.00 .00%
Totals: $534,132.83 $.00 $.00 $534,132.83 90.09%
Income Category Total Funds Mortgages,
Loans & DPL's
Mortgages, Loans &
DPL Unit #s
Total FundsSHIP Grants
SHIP Grant
Unit #s
Total SHIPFunds
Expended
Total # Units
Extremely Low $84,836.48 8 $149,999.96 18 $234,836.44 26
Very Low $35,325.31 2 $25,000.02 3 $60,325.33 5
Low $178,428.67 16 $25,000.02 3 $203,428.69 19
Moderate $35,542.37 4 $.00 0 $35,542.37 4
Totals: $334,132.83 30 $200,000.00 24 $534,132.83 54
The amount of rent charged for a rental unit based on the unit size complies with the Rent Limits posted on the Florida Housing website√
3Page
Form SHIP AR/200967-37.008(3)(f), F.A.C.Effective Date: 11/2009
54
Strategy
List Unincorporated and Each
Municipality ELI VLI Low Mod Total
Purchase Assistance Highlands County 2 1 6 3 12
Rehabilitation Highlands County 6 1 9 0 16
Foreclosure Highlands County 1 1 2
Special Needs/Rental Development
Highlands County 18 3 3 24
Totals: 26 5 19 4 54
Number of Households/Units Produced
Description
List Unincorporated and Each
Municipality 0 - 25 26 - 40 41 - 61 62+ Total
Purchase Assistance Highlands County 4 5 2 1 12
Rehabilitation Highlands County 0 4 6 6 16
Foreclosure Highlands County 0 0 2 0 2
Special Needs/Rental Development
Highlands County 3 12 8 1 24
Totals: 7 21 18 8 54
Characteristics/Age (Head of Household)
Description
List Unincorporated and Each
Municipality1
Person2- 4
People5 +
People Total
Purchase Assistance Highlands County 1 10 1 12
Rehabilitation Highlands County 5 8 3 16
Foreclosure Highlands County 0 1 1 2
Special Needs/Rental Development
Highlands County 2 19 3 24
Totals: 8 38 8 54
Family Size
Description
List Unincorporated and Each
Municipality White BlackHisp-anic Asian
Amer-Indian Other Total
Purchase Assistance Highlands County 4 2 6 0 0 0 12
Rehabilitation Highlands County 5 4 7 0 0 0 16
Foreclosure Highlands County 0 0 2 0 0 0 2
Race (Head of Household)
Form 3
4Page
Form SHIP AR/200967-37.008(3)(f), F.A.C.Effective Date: 11/2009
55
Status of Incentive Strategies
Expedited Permitting Section 420.9071(16), F.S Permits as defined in s. 163.3164(7) and (8) for affordable housing projects are expedited to a greater degree than other projects.
A. Established Policy and Procedures 1:1. Section 12.04.300 Affordable housing expedited permitting. When requested by an applicant for an affordable housing project, as defined by F.S. Ch. 420, Pt. VI, and the application is determined to be complete, the county shall grant first priority in review and processing of all preliminary and a final development orders, including plats, site plans, concurrency clearance, driveway permits, and improvement plans, and all other applicable development permits in order to expedite the issuance of these development orders. To affect the successful issuance of a development order and/or permit, the county shall continually monitor the progress of the application. The project, however shall comply with all requirements of these regulations.
2. Section 12.16.306 Affordable housing expedited permitting: When requested by an applicant for an affordable housing project, as defined by F.S. Ch. 420, Pt. VI, and the application is determined to be complete, the county shall grant first priority in review and processing to expedite the issuance of all building permit applications, preliminary and a final development orders, and all applicable development permits. To affect the successful issuance of a development order and/or permit, the county shall continually monitor the progress of the application. The project, however shall comply with all requirements of these regulations not elsewhere exempted.
3. Section 12.17.204 Affordable housing expedited permitting: When requested by an applicant for an affordable housing project, as defined by F.S. Ch. 420, Pt. VI, and the application is determined to be complete the county shall grant first priority in review and processing to expedite the issuance of all preliminary and final development orders and all other applicable fire clearances. To affect the successful issuance of a development order and/or permit, the county shall continually monitor the progress of the application. The project, however, shall comply with the requirements of these regulations not elsewhere exempted.
B. Ongoing Review ProcessAn ongoing review of local policies, ordinances, regulations, and plan provisions that increase the cost of housing
Incentive Strategy:
Form 4
Special Needs/Rental Development
Highlands County 1 10 13 0 0 0 24
Totals: 10 16 28 0 0 0 54
Description
List Unincorporated and Each
MunicipalityFarm
Worker
Devel. Dis-
abledHome-
less Elderly Other Other Total
Purchase Assistance Highlands County 1 1
Rehabilitation Highlands County 6 6
Foreclosure Highlands County 0
Special Needs/Rental Development
Highlands County 1 1
Totals: 8 8
Demographics (Any Member of Household)
Special Target Groups for Funds Expended (i.e. teachers, nurses, law enforcement, fire fighters, etc.) Set Aside
DescriptionSpecial Target
Group Expended FundsTotal # of
Expended Units
5Page
Form SHIP AR/200967-37.008(3)(f), F.A.C.Effective Date: 11/2009
56
prior to their adoption.1. Established Policy and Procedures:The County will continually monitor and review its development approval process to identify and eliminate any unnecessary impediments to the provision of housing within the community by ordinance and Board of County Commissioner resolution.
C. Impact Fee WaiversThe County will waive Impact Fees when evidence that the Residential Construction is affordable housing. Affordable Housing shall mean a Dwelling Unit or Units that are within an approved affordable housing development which are offered for sale or rent to Low Income Persons or Very Low Income Persons and which monthly rent or monthly mortgage payments, including taxes, insurance and utilities, do not exceed 30 percent of that amount which represents the percentage of the median annual Adjusted Gross Income for Low Income Persons and Very Low Income Persons in Highlands County.
D. Established Policy and ProceduresSec. 13-71. Exemptions. The following shall be exempted from payment of any impact fees: ((1)-(5) omitted) (6) Any residential construction that qualifies as affordable housing and meets the following requirements:1. Any person seeking an affordable housing exemption for an owner-occupied residential construction shall file with the county administrator an application for exemption prior to receiving a building permit for the proposed residential construction. The application for exemption shall contain the following: (1-6 omitted) 2. Any person seeking an affordable housing exemption for rental residential construction located within a qualifying multi-family rental project shall file with the county administrator an application for exemption prior to receiving a building permit for the proposed residential construction. The application for exemption shall contain the following: (1-6 omitted)3. If the residential construction meets the requirements for an affordable housing exemption, the county administrator shall issue an exemption. The exemption shall be presented in lieu of payment of the impact fee.4. At the time the affordable housing exemption is granted by the county administrator, the county shall record an impact fee lien against the property that includes a clause requiring payment of impact fees in effect at the time the residential construction fails to satisfy the affordable housing requirements provided herein, if that failure occurs during the 30-year period following the issuance of the certificate of occupancy. Such liens shall have priority over all other liens except for taxes and governmental liens and assessments.5. In the event the residential dwelling unit fails to satisfy the affordable housing requirements provided herein during the 30-year period following the issuance of the certificate of occupancy such that the property no longer qualifies as affordable housing and is no longer occupied by low income persons or very low income persons, the impact fees in effect at the time of the change in circumstances shall be immediately due and payable.
Support ServicesNone
Other AccomplishmentsNone
98-14
Adopting Ordinance or Resolution Number or identify local policy:
1/7/14
Implementation Schedule (Date):
Yes
Has the plan or strategy been implemented? If no, describe the steps that will be taken to implement the plan:
Yes
Status of Strategy - (is the strategy functioning as intended, i.e. are the time frames being met, etc.):
6Page
Form SHIP AR/200967-37.008(3)(f), F.A.C.Effective Date: 11/2009
57
Availability for Public Inspection and CommentsThe Annual Report is made available for public inspections at the Housing Office located at 7205 South George Blvd. Sebring, FL Monday through Friday from 8:00am to 5:00pm.
Homeownership Default & ForeclosureMortgage Foreclosures
A. Very low income households in foreclosure:
B. Low income households in foreclosure:
C. Moderate households in foreclosure:
Mortgage Defaults
A. Very low income households in default:
B. Low income households in default:
C. Moderate households in default:
Welfare to Work Programs
None
Strategies and Production Costs
Expended Funds
Strategy Average Cost
Purchase Assistance $11,791.67
Rehabilitation $11,783.60
Forecllsure Prevention $2,047.58
0
3
1
0
2
4
Strategy Full Name Address City Zip Code
Expended Funds
Unit Counted
Purchase Assistance
Dennard, Nikesha
916 Forest Rd. Sebring 33870 $13,000.00
Purchase Assistance
Murray, Kristofer
3041 Georgia Pine Rd.
Lake Placid 33852 $15,000.00
Purchase Assistance
Escamilla, Angelica
318 Honeymoon St Lake Placid 33852 $15,000.00
Purchase Assistance
Morgan, Eva 3403 Grand Prix Dr. Sebring 33872 $15,000.00
Purchase Assistance
Velazquez, Yumarie
2503 W Perry Rd. Avon Park 33825 $14,000.00
Purchase Assistance
De Jongh, Laura
1501 Kyra Ave. Sebring 33872 $10,000.00
Total Unit Count: 54 $534,133.00Total Expended Amount:
Foreclosed Loans Life-to-date:
Defaulted Loans Life-to-date:
127
207
SHIP Program Foreclosure Percentage Rate Life to Date:
SHIP Program Default Percentage Rate Life to Date:
13.74
22.40
7Page
Form SHIP AR/200967-37.008(3)(f), F.A.C.Effective Date: 11/2009
58
Purchase Assistance
Elder, Brandy 2650 N Camden Rd. Avon Park 33825 $15,000.00
Purchase Assistance
Zapata, Maria 4935 Blue Spruce St Sebring 33870 $15,000.00
Purchase Assistance
Mitten, Loretta 3181 W Xavier Rd Avon Park 33825 $15,000.00
Purchase Assistance
Garcia, Heydi 225 Wren Ave Sebring 33870 $3,500.00
Purchase Assistance
Torres, Wendy 370 East Interlake Blvd
Lake Placid 33852 $6,000.00
Purchase Assistance
Richard, Percilla
1420 W. Avon Blvd. Avon Park 33825 $5,000.00
Rehabilitation Lopez, Antonette
307 Fred Conner St. Avon Park 33825 $16,542.78
Rehabilitation White, John E 1910 Orange Blossom Ave
Sebring 33872 $5,461.86
Rehabilitation Olds, Tameka 806 S Palmer Ave Avon Park 33825 $4,295.03
Rehabilitation Paige, Kyna 101 E Monroe St Avon Park 33825 $20,351.90
Rehabilitation Douglas, Josephine
2107 Orange Blossom Ave
Sebring 33872 $20,339.59
Rehabilitation Bravo, Flora 118 Rosemary Ave. Sebring 33870 $3,868.58
Rehabilitation Carter, Patrina 606 S. Delaney Ave Avon Park 33825 $20,113.93
Rehabilitation Emerson, Tracy
18 Oak St. Lake Placid 33852 $16,926.90
Rehabilitation Cortes, Hector 3308 Austin St. Sebring 33872 $6,929.81
Rehabilitation Eggen, Helen 816 Lake Sebring, Blvd.
Sebring 33870 $4,242.03
Rehabilitation Cauley, Mary 2100 Jackson Heights Dr.
Sebring 33870 $4,489.12
Rehabilitation Rodriguez, Teofilo
3329 Grouper Dr. Sebring 33870 $5,802.83
Rehabilitation Santana, Melva
1707 Richard Circle Sebring 33870 $19,450.45
Rehabilitation Rivera, Juan 2823 W Kevin Rd Avon Park 33825 $8,152.16
Rehabilitation Jose Cuencas 2076 W Stryker Rd Avon Park 33825 $11,245.39
Rehabilitation Katerin Aguilar Sanchez
207 S Pine St Sebring 33870 $20,325.31
Foreclosure Prevention
Hernandez, Juan
6 Elder St Avon Park 33825 $2,052.79
Foreclosure Prevention
Berrones, Maryury
127 Johnson Way Lake Placid 33852 $2,042.37
Special Needs Rental
Mori-Rodriguez, Jose
38296 Ezra Circle Avon Park 33825 $8,333.34
Special Needs Rental
Lopez, Deborah
38292 Ezra Circle Avon Park 33825 $8,333.34
Special Needs Rental
McKeithan, Shari
38288 Ezra Circle Avon Park 33825 $8,333.34
Special Needs Rental
Bailey, Charnea
38284 Ezra Circle Avon Park 33825 $8,333.34
8Page
Form SHIP AR/200967-37.008(3)(f), F.A.C.Effective Date: 11/2009
59
Administrative Expenditures
Sub Recipients and Consultants
Program Income
Program was administered only by Highlands CountyAdministration $50,446.20Program Income $ 4,387.92
Loan Repayment: $85,712.46
Program Income Funds
Name Business Type Strategy Covered Responsibility Amount
Special Needs Rental
Roper, Alexis 38282 Ezra Circle Avon Park 33825 $8,333.34
Special Needs Rental
Ortiz Cruz, Nelson
38280 Ezra Circle Avon Park 33825 $8,333.34
Special Needs Rental
Vazquez Reyes, Maria
38278 Ezra Circle Avon Park 33825 $8,333.34
Special Needs Rental
Rentas, Pedro 38274 Ezra Circle Avon Park 33825 $8,333.34
Special Needs Rental
Bean, Stanley 38270 Ezra Circle Avon Park 33825 $8,333.34
Special Needs Rental
Johnson, Kameisha
38266 Ezra Circle Avon Park 33825 $8,333.34
Special Needs Rental
Pellon Saez, Francisco
38264 Ezra Circle Avon Park 33825 $8,333.34
Special Needs Rental
Natoli, Nicole 38258 Ezra Circle Avon Park 33825 $8,333.34
Special Needs Rental
Melendez, Dalia
38240 Ezra Circle Avon Park 33825 $8,333.34
Special Needs Rental
Lloret, Marlen 38236 Ezra Circle Avon Park 33825 $8,333.34
Special Needs Rental
Mendez, Maricelly
38232 Ezra Circle Avon Park 33825 $8,333.34
Special Needs Rental
Saintal, Evena 38228 Ezra Circle Avon Park 33825 $8,333.34
Special Needs Rental
Mendez, Maria 38222 Ezra Circle Avon Park 33825 $8,333.34
Special Needs Rental
Tatem, Bernard Jr
38220 Ezra Circle Avon Park 33825 $8,333.34
Special Needs Rental
Tremaine, Jeremey
38218 Ezra Circle Avon Park 33825 $8,333.34
Special Needs Rental
Nixon, Andejoua
38214 Ezra Circle Avon Park 33825 $8,333.34
Special Needs Rental
Caldwell, Jeavenna T
38212 Ezra Circle Avon Park 33825 $8,333.34
Special Needs Rental
Figueroa, Daisy
38210 Ezra Circle Avon Park 33825 $8,333.34
Special Needs Rental
De La Paz, Cynthia
38206 Ezra Circle Avon Park 33825 $8,333.34
Special Needs Rental
Battles, Shanice A
38202 Ezra Circle Avon Park 33825 $8,333.18
9Page
Form SHIP AR/200967-37.008(3)(f), F.A.C.Effective Date: 11/2009
60
Refinance:
Foreclosure:
Sale of Property:
Interest Earned: $2,046.02
Other ():
Total: $87,758.48
Highlands County 2014 Closeout
Explanation of Recaptured funds
Total: $.00
Description Amount
Rental DevelopmentsDevelopment Name
Owner Address City Zip Code
SHIP Amount SHIP Units
Compliance Monitored By
Additional Notes
Cornell Colony LLC
Avon Park Housing Aurthority
517 W. Cornell St.
Avon Park 33825 $200,000.00 24 SHIP/HHR Heartland/FHFC HOME/SHIP
Single Family Area Purchase PriceThe average area purchase price of single family units: 78,016.67
Or
Not Applicable
Form 5
10Page
Form SHIP AR/200967-37.008(3)(f), F.A.C.Effective Date: 11/2009
61
Code(s) StrategiesExpendedAmount Units
EncumberedAmount Units
2 Purchase Assistance $18,000.00 2
3 Rehabilitation $15,081.97 2
7 Foreclosure Prevention
12 Special Needs Rental $75,000.06 9
SHIP Expended and Encumbered for Special Needs Applicants
Special Needs Breakdown
Strategies Special Needs CategoryExpendedAmount Units
EncumberedAmount Units
(2) Purchase Assistance Receiving Supplemental Security Income
$18,000.00 2
(3) Rehabilitation Receiving Supplemental Security Income
$15,081.97 2
(12) Special Needs Rental Receiving Supplemental Security Income
$50,000.04 6
(12) Special Needs Rental Receiving Social Security Disability Insurance
$25,000.02 3
Special Needs Category Breakdown by Strategy
Provide a description of efforts to reduce homelessness:Working with other agencies, such as Volunteers of America, The Homeless Coalition and United Way. Getting information and resources out to the clients.
LG Submitted Comments:
11Page
Form SHIP AR/200967-37.008(3)(f), F.A.C.Effective Date: 11/2009
62
SHIP Annual ReportHighlands County FY 2015/2016 Interim-1
Form 1
Report Status: UnsubmittedTitle:
1Page
Form SHIP AR/200967-37.008(3)(f), F.A.C.Effective Date: 11/2009
63
Form 2
Code StrategyExpended
Amount UnitsEncumbered
Amount UnitsUnencumbered
Amount Units
2 Purchase Assistance $226,201.05 17 $19,958.58 1
3 Rehabilitation $91,790.08 9 $110,000.00 6
7 Foreclosure Prevention $8,000.00 3
Homeownership Totals: $317,991.13 26 $137,958.58 10
Homeownership
SHIP Distribution Summary
Code StrategyExpended
Amount UnitsEncumbered
Amount UnitsUnencumbered
Amount Units
12 Special Needs Rental $121,000.00 20
Rental Totals: $121,000.00 20
Rentals
Subtotals: $438,991.13 46 $137,958.58 10
Additional Use of Funds
Use Expended Encumbered
Administrative $8,783.12 $41,661.88
Homeownership Counseling
Admin From Program Income $6,075.00
Admin From Disaster Funds
Unencumbered
Totals: $447,774.25 $185,695.46 $.0046 10
Total Revenue (Actual and/or Anticipated) for Local SHIP Trust Fund
* Carry Forward to Next Year: $.00
NOTE: This carry forward amount will only be accurate when all revenue amounts and all expended, encumbered and unencumbered amounts have been added to Form 1
Source of Funds Amount
State Annual Distribution $507,296.00
Program Income (Interest) $2,589.26
Program Income (Payments) $118,928.36
Recaptured Funds
Disaster Funds
Other Funds
Carryover funds from previous year $4,656.09
Total: $633,469.71
2Page
Form SHIP AR/200967-37.008(3)(f), F.A.C.Effective Date: 11/2009
64
Description Eff. 1 Bed 2 Bed 3 Bed 4 Bed
Special Needs Rental 678 727 872 1,007 1,124
Rental Unit Information
Recap of Funding Sources for Units Produced ("Leveraging")
Source of Funds Produced through June 30th for Units
Amount of Funds Expended to Date % of Total Value
SHIP Funds Expended $438,991.13 22.29%
Public Moneys Expended .00%
Private Funds Expended $1,505,773.00 76.47%
Owner Contribution $24,253.61 1.23%
Total Value of All Units $1,969,017.74 100.00%
SHIP Program Compliance Summary - Home Ownership/Construction/Rehab
Compliance Category SHIP Funds Trust Funds
Homeownership $329,742.40 $507,296.00
Construction / Rehabilitation $412,683.76 $507,296.00
% of Trust FundFL Statute Minimum %
65.00% 65%
81.35% 75%
Program Compliance - Income Set-Asides
Project Funding for Expended Funds Only
Income Category SHIP FundsExpended
SHIP FundsEncumbered
SHIP FundsUnencumbered
Total ofSHIP Funds
Total Available Funds % *
Extremely Low $94,604.94 $75,000.00 $169,604.94 26.77%
Very Low $10,846.84 $27,958.58 $38,805.42 6.13%
Low $203,461.63 $20,000.00 $223,461.63 35.28%
Moderate $130,077.72 $15,000.00 $145,077.72 22.90%
Over 120%-140% $.00 .00%
Totals: $438,991.13 $137,958.58 $.00 $576,949.71 91.08%
Income Category Total Funds Mortgages,
Loans & DPL's
Mortgages, Loans &
DPL Unit #s
Total FundsSHIP Grants
SHIP Grant
Unit #s
Total SHIPFunds
Expended
Total # Units
Extremely Low $28,054.94 2 $66,550.00 11 $94,604.94 13
Very Low $4,796.84 1 $6,050.00 1 $10,846.84 2
Low $155,061.63 13 $48,400.00 8 $203,461.63 21
Moderate $130,077.72 10 $130,077.72 10
Totals: $317,991.13 26 $121,000.00 20 $438,991.13 46
The amount of rent charged for a rental unit based on the unit size complies with the Rent Limits posted on the Florida Housing website√
3Page
Form SHIP AR/200967-37.008(3)(f), F.A.C.Effective Date: 11/2009
65
Strategy
List Unincorporated and Each
Municipality ELI VLI Low Mod Total
Purchase Assistance Highlands County 0 0 7 10 17
Rehabilitation Highlands County 2 1 6 9
Foreclosure Prevention
0
Special Needs Rental
Highlands County 11 1 8 0 20
Totals: 13 2 21 10 46
Number of Households/Units Produced
Description
List Unincorporated and Each
Municipality 0 - 25 26 - 40 41 - 61 62+ Total
Purchase Assistance Highlands County 4 8 2 3 17
Rehabilitation Highlands County 0 1 2 6 9
Foreclosure Prevention
0
Special Needs Rental
Highlands County 6 8 4 2 20
Totals: 10 17 8 11 46
Characteristics/Age (Head of Household)
Description
List Unincorporated and Each
Municipality1
Person2- 4
People5 +
People Total
Purchase Assistance Highlands County 3 14 0 17
Rehabilitation Highlands County 4 5 9
Foreclosure Prevention
0
Special Needs Rental
Highlands County 1 18 1 20
Totals: 8 37 1 46
Family Size
Description
List Unincorporated and Each
Municipality White BlackHisp-anic Asian
Amer-Indian Other Total
Purchase Assistance Highlands County 9 2 6 0 0 0 17
Rehabilitation Highlands County 4 2 3 9
Foreclosure Prevention
0
Race (Head of Household)
Form 3
4Page
Form SHIP AR/200967-37.008(3)(f), F.A.C.Effective Date: 11/2009
66
Expended Funds
Strategy Full Name Address City Zip Code
Expended Funds
Unit Counted
Purchase Assistance
Akins, Dominique
1521 Cedarbrook St. Lake Placid 33870 $14,317.30
Purchase Assistance
Cruz, Irma N 500 E Circle St. Avon Park 33852 $14,000.00
Purchase Assistance
Andrews, Janet
4723 Date Palm Dr. Sebring 33870 $12,000.00
Purchase Assistance
Parrish, Barbara
430 Mat-Lo Ave. Sebring 33870 $11,980.00
Purchase Assistance
Zahn, Shannon & Joshua
317 Wilson Ave. Lake Placid 33852 $15,000.00
$438,991.00
Form 4
Special Needs Rental
Highlands County 1 7 12 0 0 0 20
Totals: 14 11 21 0 0 0 46
Description
List Unincorporated and Each
MunicipalityFarm
Worker
Devel. Dis-
abledHome-
less Elderly Other Other Total
Purchase Assistance Highlands County 3 3
Rehabilitation Highlands County 12 12
Foreclosure Prevention
0
Special Needs Rental
Highlands County 2 2
Totals: 17 17
Demographics (Any Member of Household)
Special Target Groups for Funds Expended (i.e. teachers, nurses, law enforcement, fire fighters, etc.) Set Aside
DescriptionSpecial Target
Group Expended FundsTotal # of
Expended Units
5Page
Form SHIP AR/200967-37.008(3)(f), F.A.C.Effective Date: 11/2009
67
Purchase Assistance
Langford, Timberly
1624 Meadowbrook St.
Lake Placid 33852 $15,000.00
Purchase Assistance
Duvall, Alexander
1427 Kerry Dr. Sebring 33875 $13,072.72
Purchase Assistance
Wiggins, Tiffany
259 Thurman Ave. Lake Placid 33852 $11,000.00
Purchase Assistance
Vega - Negron, Kevin
2221 Avalon Rd. Sebring 33872 $15,000.00
Purchase Assistance
Castillo, Fidencio
4512 Garden Ave. Sebring 33870 $15,000.00
Purchase Assistance
O'Neill, Monica 2285 N Huntington Rd.
Avon Park 33825 $15,000.00
Purchase Assistance
Gonzalez, Rodrigo
2375 N Cochran Rd. Avon Park 33825 $15,000.00
Purchase Assistance
Kunz, Sue 209 Jay Ave. Sebring 33872 $15,000.00
Purchase Assistance
Mullin, Debroah
4218 Mandarin Rd. Sebring 33870 $15,000.00
Purchase Assistance
Evans, Jewel & Terry
1544 Cedarbrook St. Lake Placid 33852 $3,500.00
Purchase Assistance
Ryder, Ronald & Ashley
715 Citroen Drive Sebring 33872 $12,525.00
Purchase Assistance
Gil, Maria De Jesus
330 Coquina Ave. NE
Lake Placid 33852 $13,806.03
Rehabilitation Gonzalez, Emma
3185 W Whiton Rd Avon Park 33825 $4,316.76
Rehabilitation Reynolds, Patricia
3360 Spart Circle Sebring 33870 $3,519.31
Rehabilitation Escalett, Luis 513 E Dixie St Avon Park 33825 $10,783.14
Rehabilitation Alvarez, Jessie 805 N Anoka Ave Avon Park 33825 $12,252.37
Rehabilitation McMillan, Susan
207 Lassiter St Avon Park 33825 $20,364.94
Rehabilitation MaCarthy, Joseph
2020 Jackson Heights Dr
Sebring 33872 $8,370.61
Rehabilitation Fry, Jane S 913 Alton St Avon Park 33825 $4,796.84
Rehabilitation Pringle, Clara 6223 White Cedar Rd
Sebring 33875 $19,696.11
Rehabilitation Cortes, Hector 3308 Austin St Sebring 33872 $7,690.00
Special Needs Rental
Hartsfield, Letrease
38196 Ezra Circle Avon Park 33825 $6,050.00
Special Needs Rental
Bivens, Cherelle D
38192 Ezra Circle Avon Park 33825 $6,050.00
Special Needs Rental
Sisson, Elizabeth
38188 Ezra Circle Avon Park 33825 $6,050.00
Special Needs Rental
Miranda Rodriguez, Nestor
38186 Ezra Circle Avon Park 33825 $6,050.00
Special Needs Rental
McAlister, Nyree
38184 Ezra Circle Avon Park 33825 $6,050.00
Special Needs Rental
McAlister - Cooper, Christine
38180 Ezra Circle Avon Park 33825 $6,050.00
6Page
Form SHIP AR/200967-37.008(3)(f), F.A.C.Effective Date: 11/2009
68
Special Needs Rental
Fernandez Cruzado, Luz
38176 Ezra Circle Avon Park 33825 $6,050.00
Special Needs Rental
Fernandez, Ashley
38174 Ezra Circle Avon Park 33825 $6,050.00
Special Needs Rental
Butler, Sandra D
38172 Ezra Circle Avon Park 33825 $6,050.00
Special Needs Rental
McLaren, Iris 38189 Ezra Circle Avon Park 33825 $6,050.00
Special Needs Rental
Pagan Virella, Marisela
38193 Ezra Circle Avon Park 33825 $6,050.00
Special Needs Rental
Davis, Charmaine
38197 Ezra Circle Avon Park 33825 $6,050.00
Special Needs Rental
Vazquez Moya Sheryl
38201 Ezra Circle Avon Park 33825 $6,050.00
Special Needs Rental
Cardona, Alberto
38207 Ezra Circle Avon Park 33825 $6,050.00
Special Needs Rental
Pinon, Stephanie
38235 Ezra Circle Avon Park 33825 $6,050.00
Special Needs Rental
Rodriguez Martinez, Frankie
38253 Ezra Circle Avon Park 33825 $6,050.00
Special Needs Rental
Rivera Alvarez, Elienid
38257 Ezra Circle Avon Park 33825 $6,050.00
Special Needs Rental
Reyes, Jose A 38267 Ezra Circle Avon Park 33825 $6,050.00
Special Needs Rental
Flores, Glenda 38271 Ezra Circle Avon Park 33825 $6,050.00
Special Needs Rental
Antonio, Besaida
38275 Ezra Circle Avon Park
Avon Park 33825 $6,050.00
Highlands County 2015 Interim-1
Form 5
7Page
Form SHIP AR/200967-37.008(3)(f), F.A.C.Effective Date: 11/2009
69
Code(s) StrategiesExpendedAmount Units
EncumberedAmount Units
2 Purchase Assistance $28,500.00 3
3 Rehabilitation $27,386.11 2
7 Foreclosure Prevention
12 Special Needs Rental $54,450.00 9
SHIP Expended and Encumbered for Special Needs Applicants
Special Needs Breakdown
Strategies Special Needs CategoryExpendedAmount Units
EncumberedAmount Units
(2) Purchase Assistance Receiving Supplemental Security Income
$25,000.00 2
(2) Purchase Assistance Receiving Social Security Disability Insurance
$3,500.00 1
(3) Rehabilitation Receiving Social Security Disability Insurance
$19,696.11 1
(3) Rehabilitation Receiving Supplemental Security Income
$7,690.00 1
(12) Special Needs Rental Receiving Supplemental Security Income
$42,350.00 7
(12) Special Needs Rental Person with Disabling Condition (not DD)
$12,100.00 2
Special Needs Category Breakdown by Strategy
Provide a description of efforts to reduce homelessness:Working with other agencies, such as Volunteers of America, The Homeless Coalition and United Way. Getting information, referring and resources out to the clients.
8Page
Form SHIP AR/200967-37.008(3)(f), F.A.C.Effective Date: 11/2009
70
LG Submitted Comments:
9Page
Form SHIP AR/200967-37.008(3)(f), F.A.C.Effective Date: 11/2009
71
SHIP Annual ReportHighlands County FY 2016/2017 Interim-2
Form 1
Report Status: UnsubmittedTitle:
1Page
Form SHIP AR/200967-37.008(3)(f), F.A.C.Effective Date: 11/2009
72
Code StrategyExpended
Amount UnitsEncumbered
Amount UnitsUnencumbered
Amount Units
2 Purchase Assistance $141,959.09 9 $35,000.00 1 $113,516.84 5
3 Rehabilitation $150,000.00 10 $110,000.00 3
7 Foreclosure Prevention $20,000.00 3
6 Emergency Home Repair $93,326.00 10
Homeownership Totals: $141,959.09 9 $185,000.00 11 $336,842.84 21
Homeownership
SHIP Distribution Summary
Code StrategyExpended
Amount UnitsEncumbered
Amount UnitsUnencumbered
Amount Units
12 Special Needs Rental/Development
$130,664.00 13
Rental Totals: $130,664.00 13
Rentals
Subtotals: $141,959.09 9 $185,000.00 11 $467,506.84 34
Additional Use of Funds
Use Expended Encumbered
Administrative
Homeownership Counseling
Admin From Program Income
Admin From Disaster Funds
Unencumbered
$65,332.20
$10,494.90
Totals: $141,959.09 $185,000.00 $543,333.949 11 34
Total Revenue (Actual and/or Anticipated) for Local SHIP Trust Fund
* Carry Forward to Next Year: $.00
NOTE: This carry forward amount will only be accurate when all revenue amounts and all expended, encumbered and unencumbered amounts have been added to Form 1
Source of Funds Amount
State Annual Distribution $660,395.00
Program Income (Interest) $1,613.82
Program Income (Payments) $208,284.21
Recaptured Funds
Disaster Funds
Other Funds
Carryover funds from previous year $.00
Total: $870,293.03
2Page
Form SHIP AR/200967-37.008(3)(f), F.A.C.Effective Date: 11/2009
73
Form 2
3Page
Form SHIP AR/200967-37.008(3)(f), F.A.C.Effective Date: 11/2009
74
Description Eff. 1 Bed 2 Bed 3 Bed 4 Bed
Special Needs Rental 678 727 872 1,007 1,124
Rental Unit Information
Recap of Funding Sources for Units Produced ("Leveraging")
Source of Funds Produced through June 30th for Units
Amount of Funds Expended to Date % of Total Value
SHIP Funds Expended $141,959.09 12.78%
Public Moneys Expended $.00 .00%
Private Funds Expended $957,335.00 86.18%
Owner Contribution $11,600.00 1.04%
Total Value of All Units $1,110,894.09 100.00%
SHIP Program Compliance Summary - Home Ownership/Construction/Rehab
Compliance Category SHIP Funds Trust Funds
Homeownership $660,395.00 $660,395.00
Construction / Rehabilitation $660,395.00 $660,395.00
% of Trust FundFL Statute Minimum %
100.00% 65%
100.00% 75%
Program Compliance - Income Set-Asides
Project Funding for Expended Funds Only
Income Category SHIP FundsExpended
SHIP FundsEncumbered
SHIP FundsUnencumbered
Total ofSHIP Funds
Total Available Funds % *
Extremely Low $.00 $85,000.00 $172,029.00 $257,029.00 29.53%
Very Low $.00 $15,000.00 $102,029.30 $117,029.30 13.45%
Low $28,806.03 $35,000.00 $93,448.54 $157,254.57 18.07%
Moderate $113,153.06 $50,000.00 $100,000.00 $263,153.06 30.24%
Over 120%-140% $.00 .00%
Totals: $141,959.09 $185,000.00 $467,506.84 $794,465.93 91.29%
Income Category Total Funds Mortgages,
Loans & DPL's
Mortgages, Loans &
DPL Unit #s
Total FundsSHIP Grants
SHIP Grant
Unit #s
Total SHIPFunds
Expended
Total # Units
Extremely Low $.00 0
Very Low $.00 0
Low $28,806.03 2 $28,806.03 2
Moderate $113,153.06 7 $113,153.06 7
Totals: $141,959.09 9 $.00 0 $141,959.09 9
The amount of rent charged for a rental unit based on the unit size complies with the Rent Limits posted on the Florida Housing website√
4Page
Form SHIP AR/200967-37.008(3)(f), F.A.C.Effective Date: 11/2009
75
Form 4
Strategy
List Unincorporated and Each
Municipality ELI VLI Low Mod Total
Purchase Assitance Highlands County 2 7 9
Totals: 2 7 9
Number of Households/Units Produced
Description
List Unincorporated and Each
Municipality 0 - 25 26 - 40 41 - 61 62+ Total
Purchase Assitance Highlands County 2 4 2 1 9
Totals: 2 4 2 1 9
Characteristics/Age (Head of Household)
Description
List Unincorporated and Each
Municipality1
Person2- 4
People5 +
People Total
Purchase Assitance Highlands County 8 1 9
Totals: 8 1 9
Family Size
Description
List Unincorporated and Each
Municipality White BlackHisp-anic Asian
Amer-Indian Other Total
Purchase Assitance Highlands County 5 4 9
Totals: 5 4 9
Race (Head of Household)
Description
List Unincorporated and Each
MunicipalityFarm
Worker
Devel. Dis-
abledHome-
less Elderly Other Other Total
Purchase Assitance Highlands County 0
Totals: 0
Demographics (Any Member of Household)
Special Target Groups for Funds Expended (i.e. teachers, nurses, law enforcement, fire fighters, etc.) Set Aside
DescriptionSpecial Target
Group Expended FundsTotal # of
Expended Units
Form 3
5Page
Form SHIP AR/200967-37.008(3)(f), F.A.C.Effective Date: 11/2009
76
Expended Funds
Strategy Full Name Address City Zip Code
Expended Funds
Unit Counted
Purchase Assistance
Colon, Roberto 239 Rail Ave. Sebring 33870 $14,194.28
Purchase Assistance
Musick, Caleb 1506 Hy-Dee St. Sebring 33875 $15,000.00
Purchase Assistance
Zufall, Vernon & Lynda
3828 Palazzo St Sebring 33872 $14,373.78
Purchase Assistance
Gil, Mria 330 Coquina Ave. NE
Lake Placid 33852 $13,806.03
Purchase Assistance
Manus, Beatriz 3047 Azalea Lane Lake Placid 33852 $20,000.00
Purchase Assistance
Lazo, Jaimar 4523 Page Ave. Sebring 33870 $14,585.00
Purchase Assistance
Watkins, James
1777 Ernest Rd Avon Park 88325 $15,000.00
Purchase Assistance
Antley, Jo T 3371 Sparta Circle Sebring 33870 $20,000.00
Purchase Assistance
Wallace, Duke 3234 Spoonbill Ave. Lake Placid 33852 $15,000.00
Highlands County 2016 Interim-2
$141,959.00
Form 5
6Page
Form SHIP AR/200967-37.008(3)(f), F.A.C.Effective Date: 11/2009
77
Code(s) StrategiesExpendedAmount Units
EncumberedAmount Units
2 Purchase Assistance $34,373.78 2
3 Rehabilitation
7 Foreclosure Prevention
12 Special Needs Rental/Development
SHIP Expended and Encumbered for Special Needs Applicants
Special Needs Breakdown
Strategies Special Needs CategoryExpendedAmount Units
EncumberedAmount Units
(2) Purchase Assistance Receiving Social Security Disability Insurance
$14,373.78 1
(2) Purchase Assistance Receiving Veterans Disability Benefits
$20,000.00 1
Special Needs Category Breakdown by Strategy
Provide a description of efforts to reduce homelessness:Working with other agencies, such as Volunteers of America, The Homeless Coalition and United Way. Getting information, referring and resources out to the clients.
LG Submitted Comments:
7Page
Form SHIP AR/200967-37.008(3)(f), F.A.C.Effective Date: 11/2009
78
HIGHLANDS COUNTYCOUNTY COMMISSION AGENDA ITEM
DATE OF ACTION REQUEST: October 17, 2017
PRESENTER: June Fisher, County Administrator
SUBJECT/TITLE: Request approval of the holiday schedule for 2018
STATEMENT OF ISSUE
The Tenth Judicial Circuit has provided the list of holidays they will be observing in 2018. Since 2012, the Board ofCounty Commissioners has opted to adopt the same schedule, but to not observe the Rosh Hashanah and Yom Kippurholidays.
RECOMMENDED ACTION
Move approval to observe the same holidays observed by the State Courts System in the Tenth Circuitduring the year 2018, less the observance of the Rosh Hashanah and Yom Kippur holidays.
Attachments: Holidays2018.pdf
79
80
HIGHLANDS COUNTYCOUNTY COMMISSION AGENDA ITEM
DATE OF ACTION REQUEST: October 17, 2017
PRESENTER: Clinton Howerton, Jr., P.E., County Engineer
SUBJECT/TITLE: Consideration of request to waive the Landfill Tipping Fees for Ag-Venture Inc.not to exceed $180.00.
STATEMENT OF ISSUE
The Highlands County Ag-Venture, Inc. is requesting that the Board waive the Landfill tipping fees for waste collectedduring the Ag-Venture days. Ag-Venture is scheduled for November 11 thru 16, 2017. The waste will be hauled to theLandfill within a week of the event.
RECOMMENDED ACTION
Move to approve waiving the Landfill tipping fee for Highlands County Ag-Venture, Inc.
FISCAL IMPACT
Landfill staff estimates the Ag-Venture event will generate approximately 4 tons of waste at a cost of $45.00 per ton fora total of $180.00. The figures are based upon Highlands County Ag-Venture’s estimate of 1 (one) 20 yard dumpsterfor the event. Please note that in the past few years, the Highlands County Ag-Venture, Inc. has only taken advantageof the waiving of tipping fees in 2015 even though the Board authorized such action each year.
Attachments: Agenda Item Packet - Ag Venture Letter requesting waiving of tipping fees.pdf
81
YearTrans
Number Date MT Tons
Ton if
Charged Total Fees
Waived Note2013
NA NA 45.00$ -$ Ag-Venture- No fees waived requested from City of Sebring - mlc
0.00 -$ 2014
NA NA 45.00$ -$ Ag-Venture- No fees waived requested from City of Sebring - mlc
0.00 -$ 2015
1492950 11/6/2015 2002 1.27 45.00$ 57.15$ Ag-Venture- No fees waived requested from City of Sebring - mlc
0.00 57.15$ 2016
NA NA 45.00$ -$ Ag-Venture- No fees waived requested from City of Sebring - mlc
0.00 -$
HIGHLANDS COUNTY LANDFILLTIPPING FEES WAIVED
Ag-Venture, Inc.
\\HCLF1\Groups\LF\Board Waive Tipping fees for fair\Table of Waived Tipping fees82
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HIGHLANDS COUNTYCOUNTY COMMISSION AGENDA ITEM
DATE OF ACTION REQUEST: 10/17/2017
PRESENTER: Scott Canaday, Community Safety Director
SUBJECT/TITLE: Annual Service Agreement with Motorola for 911 radio system
STATEMENT OF ISSUE
With this agreement, Motorola will supply maintenance and support to the P25 E911 radio system. This system is usedby the Sheriffs Office, Emergency Medical Services, Animal Services, Fire Services and School Board of HighlandsCounty for radio communications.
RECOMMENDED ACTION
Move to approve the service agreement with Motorola for annual service and maintenance of 911 radiosystem
FISCAL IMPACT
The agreements will result in a total fiscal impact of $321,289.56 to the general fund for FY 2017-2018 from CostCenter 3994.
Attachments: Highlands County Service Agreement (10.1.17 - 9.30.18).pdf
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SERVICE AGREEMENT
1299 E Algonquin Road Contract Number: USC000008195 Schaumburg, IL 60196 Contract Modifier: (800) 247-2346
Date: 19-SEP-2017 Required P.O.: N/A Company Name: Highlands County Board Of
County Comm Customer #: 1011858513 Bill to Tag#: 0002
Attn: Canaday, Scott Contract Start date: 01-OCT-2017 Billing Address: 6850 W George Blvd Contract End date: 30-SEP-2018
City, Province, Postal Code: Sebring,FL,33875 Anniversary Day: Sep 30th Customer Contact: Canaday, Scott Payment Cycle: ANNUALLY
Phone: (863)385-1112 Currency: USD
QTY MODEL/OPTION SERVICES DESCRIPTION MONTHLY EXT
EXTENDED AMT
Total 26,774.13 321,289.56
Sub Total 26,774.13 321,289.56
SPECIAL INSTRUCTIONS - ATTACH STATEMENT OF WORK FOR PERFORMANCE DESCRIPTIONS
Taxes 0.00 0.00 Grand Total 26,774.13 321,289.56
TAXES MAY APPLY AS PER THE JURISDICTIONS
I received Statements of Work that describe the services provided on thisAgreement. Motorola's Service Terms and Conditions, a copy of which isattached to this Service Agreement, is incorporated herein by this reference.
AUTHORIZED CUSTOMER SIGNATURE TITLE DATE
…………………… ………………… CUSTOMER (PRINT NAME)
MOTOROLA REPRESENTATIVE (SIGNATURE) TITLE DATE
MATT BRENNEMAN 443-745-4118MOTOROLA REPRESENTATIVE (PRINT NAME) PHONE
Company Name : Highlands County Board Of County Comm Contract Number : USC000008195 Contract Modifier : Contract Start Date: 01-OCT-2017 85
Contract End Date : 30-SEP-2018
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Motorola Solution Service Terms and Conditions Motorola Solutions Inc. ("Motorola") and Highlands County Board of County Commissioners, Florida ("Customer") hereby agree as follows: Section 1. APPLICABILITY These Maintenance Service Terms and Conditions apply to service contracts whereby Motorola will provide to Customer either (1) maintenance, support, or other services under a Motorola Service Agreement, or (2) installation services under a Motorola Installation Agreement. Section 2. DEFINITIONS AND INTERPRETATION 2.1. "Agreement" means these Maintenance Service Terms and Conditions; the cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities, these Maintenance Service Terms and Conditions take precedence over any cover page, and the cover page takes precedence over any attachments, unless the cover page or attachment states otherwise. 2.2. "Equipment" means the equipment that is specified in the attachments or is subsequently added to this Agreement. 2.3. "Services" means those installation, maintenance, support, training, and other services described in this Agreement. Section 3. ACCEPTANCE Customer accepts these Maintenance Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement becomes binding only when accepted in writing by Motorola. The term of this Agreement begins on the "Start Date" indicated in this Agreement. Section 4. SCOPE OF SERVICES 4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other document attached to this Agreement. At Customer's request, Motorola may also provide additional services at Motorola' s then-applicable rates for the services. 4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment will be serviced at levels set forth in the manufacturer's product manuals; and routine service procedures that are prescribed by Motorola will be followed. 4.3. If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the warranty for that additional equipment expires. 4.4. All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service. Customer's obligation to pay Service fees for this Equipment will terminate at the end of the month in which Motorola receives the written notice. 4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments. 4.6. If Equipment cannot, in Motorola's reasonable opinion, be properly or economically serviced for any reason, Motorola may modify the scope of Services related to that Equipment; remove that Equipment from the Agreement; or increase the price to Service that Equipment. 4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of Service purchased as indicated in this Agreement.
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Section 5. EXCLUDED SERVICES 5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure events. 5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no obligations for any transmission medium, such as telephone lines, computer networks, the internet or the worldwide web, or for Equipment malfunction caused by the transmission medium. Section 6. TIME AND PLACE OF SERVICE Service will be provided at the location specified in this Agreement. When Motorola performs service at Customers location, Customer will provide Motorola, at no charge, a non-hazardous work environment with adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola for those charges and expenses. Section 7. CUSTOMER CONTACT Customer will provide Motorola with designated points of contact (list of names and phone numbers) that will be available twenty-four (24) hours per day, seven (7) days per week, and an escalation procedure to enable Customer's personnel to maintain contact, as needed, with Motorola. Section 8. PAYMENT Unless alternative payment terms are stated in this Agreement, Motorola will invoice Customer in advance for each payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within twenty (20) days of the invoice date. Customer will reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments that are levied as a result of Services rendered under this Agreement (except income, profit, and franchise taxes of Motorola) by any governmental entity. Section 9. WARRANTY Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. In the event of a breach of this warranty, Customers sole remedy is to require Motorola to re-perform the non-conforming Service or to refund, on a pro-rata basis, the fees paid for the non-conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10. DEFAULT/TERMINATION 10.1. If either party defaults in the performance of this Agreement, the other party will give to the non-performing party a written and detailed notice of the default. The non-performing party will have thirty (30) days thereafter to provide a written plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan approval. If the non-performing party fails to provide or implement the cure plan, then the injured party, in addition to any other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of termination to the defaulting party. 10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of termination, Motorola will have no further obligation to provide Services.
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Section 11. LIMITATION OF LIABILITY Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Service provided under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of the cause of action, except for money due upon an open account. This limitation of liability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision. Section 12. EXCLUSIVE TERMS AND CONDITIONS 12.1. This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein. The Agreement may not be amended or modified except by a written agreement signed by authorized representatives of both parties. 12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, however, an omission of the reference to this Agreement will not affect its applicability. In no event will either party be bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: the purchase order, acknowledgement, or other writing specifically refers to this Agreement; clearly indicate the intention of both parties to override and modify this Agreement; and the purchase order, acknowledgement, or other writing is signed by authorized representatives of both parties. Section 13. PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS 13.1. Any information or data in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer under this Agreement will remain Motorola’s property, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose, without Motorola's written permission or as required by law, any confidential information or data to any person, or use confidential information or data for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section survive the expiration or termination of this Agreement. 13.2. Unless otherwise agreed in writing, no commercial or technical information disclosed in any manner or at any time by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide Customer with access to its confidential and proprietary information, including cost and pricing data. 13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright, trade secret, or other intellectual property, including any intellectual property created as a result of or related to the Equipment sold or Services performed under this Agreement. Section 14. FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, state, or local government agency and for complying with all rules and regulations required by governmental agencies. Neither Motorola nor any of its employees is an agent or representative of Customer in any governmental matters. Section 15. COVENANT NOT TO EMPLOY During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found to be overly broad under applicable law, it will be modified as necessary to conform to applicable law. 89
Section 16. MATERIALS, TOOLS AND EQUIPMENT All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customers custody or control, be liable for any loss or damage to this property, and return it to Motorola upon request. This property will be held by Customer for Motorola's use without charge and may be removed from Customers premises by Motorola at any time without restriction. Section 17. GENERAL TERMS 17.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and effect in which the Services are performed. 17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege. 17.4. Neither party is liable for delays or lack of performance resulting from any causes that are beyond that party’s reasonable control, such as strikes, material shortages, or acts of God. 17.5. Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement. 17.6. Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. In addition, in the event Motorola separates one or more of its businesses (each a "Separated Business"), whether by way of a sale, establishment of a joint venture, spin-off or otherwise (each a "Separation Event"), Motorola may, without the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable) following the Separation Event. 17.7. THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY (30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary date, Motorola may adjust the price of the Services to reflect its current rates. 17.8. If Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in effect at the time of the termination or expiration will apply to those Services and Customer agrees to pay for those services on a time and materials basis at Motorola’s then effective hourly rates. 17.9 This Agreement may be executed in one or more counterparts, all of which shall be considered part of the Agreement. The parties may execute this Agreement in writing, or by electronic signature, and any such electronic signature shall have the same legal effect as a handwritten signature for the purposes of validity, enforceability and admissibility. In addition, an electronic signature, a true and correct facsimile copy or computer image of this Agreement shall be treated as and shall have the same effect as an original signed copy of this document. Section 18. EMPLOYMENT ELIGIBILITY VERIFICATION
18.1 Definitions. As used in this Section.
(a) Employee assigned to this Agreement means an employee who was hired after November 6, 1986, who is directly performing work, in the United States, under this Agreement. An employee is not considered to be directly performing work under this Agreement if the employee i. Normally performs support work, such as indirect or overhead functions; and
ii Does not perform any substantial duties applicable to the Agreement.
(b) Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of this Agreement or a subcontract under this Agreement. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.
(c) Subcontractor means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for Motorola or another subcontractor.
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(d) United States, as defined in 8 U.S.C. 1101(a)(38), means the 50 States, the District of Columbia, Puerto
Rico, Guam, and the U.S. Virgin Islands.
18.2 Enrollment and verification requirements.
(a) Motorola must be enrolled in E-Verify at time of contract award, and Motorola shall use E-Verify to initiate verification of employment eligibility of: i. All new employees.
(A) Enrolled thirty (30) calendar days or more. Motorola shall initiate verification of employment eligibility of all new hires of Motorola, who are working in the State of Florida, whether or not assigned to this Agreement, within three (3) business days after the date of hire; or (B) Enrolled less than thirty (30) calendar days. Within thirty (30) calendar days after enrollment in E-Verify, Motorola shall initiate verification of employment eligibility of all new hires of Motorola who are working in the State of Florida, whether or not assigned to this Agreement, within three (3) business days after the date of hire; or
ii. Employees assigned to this Agreement.
(A) each employee assigned to this Agreement, Motorola shall initiate verification of employment eligibility, to the extent allowed by the E-Verify program, within thirty (30) calendar days after date of award of this Agreement or within thirty (30) days after assignment to this Agreement, whichever date is later.
(B) Motorola shall comply, for the period of performance of this Agreement, with the requirements of the E-Verify program MOU. Termination of Motorola’s MOU and denial access to the E-Verify system by the Department of Homeland Security or the Social Security Administration or the U.S. Citizenship and Immigration Service is an event of default under this Agreement.
18.3 Website. Information on registration for and use of the E-Verify program can be obtained via the
Internet at the U.S. Citizenship and Immigration Service’s Web site: http://www.uscis.gov. 18.4 Individuals previously verified. Motorola is not required by this Section to perform additional
employment verification using E-Verify for any employee whose employment eligibility was previously verified by Motorola through the E-Verify program.
18.5 Subcontracts. Motorola shall include, and shall require the inclusion of, the requirements of this
Section, including this subsection (18.5) (appropriately modified for identification of the parties), in each subcontract that includes work performed in the United States under this Agreement.
Section 19. PUBLIC RECORDS COMPLIANCE. If by providing services to Customer pursuant to this Agreement Motorola is a contractor, as defined by Section 119.0701, Florida Statutes, Motorola shall:
19.1 Keep and maintain public records required by the Customer to perform the services. 19.2 Upon request of the Customer’s custodian of public records, provide the Customer with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at the cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. 19.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the term of this Agreement and following competition of this Agreement if Motorola does not transfer the records to the Customer.
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19.4 Upon competition of this Agreement, transfer to the Customer, at no cost, all public records in possession of Motorola or keep and maintain public records required by the Customer to perform the services. If Motorola transfers all public records to the Customer upon competition of this Agreement, Motorola shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Motorola keeps and maintains public records upon completion of this Agreement, Motorola shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Customer upon request from the Customer’s custodian of public records, in a format that is compatible with the information technology systems of the Customer.
IF MOTOROLA HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO MOTOROLA’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
Gloria Rybinski County Public Information Officer Telephone Number: 863-402-6836
E-mail Address: grybinski@hcbcc.org Mailing Address: 600 South Commerce Avenue
Sebring, FL 33870 Revised September 2017 92
HIGHLANDS COUNTYCOUNTY COMMISSION AGENDA ITEM
DATE OF ACTION REQUEST: October 17, 2017
PRESENTER: Chris Benson, Community Programs Director
SUBJECT/TITLE: Request for approval of Budget Amendment 16-17-154 to increase funding tocover expenses incurred for Indigent Burials.
STATEMENT OF ISSUE
Florida Statute Chapter 406.50 mandates that every County provides assistance for indigent burials and cremations.Highlands County budgets these funds within the Public Assistance Program Cost Center. For FY 16/17, $60,434.00was allocated to cover the cost of providing these services. Additional expenditures in the amount of $2,214.00 wereincurred to cover the cost of indigent burials and cremations through the end of fiscal year 16/17.
Budget Amendment 16-17-154 is needed to increase the amount of funding appropriated for FY 16/17 indigent burialsand cremations. A transfer is requested from un-spent funding in the Health Care Responsibility Act cost center.
RECOMMENDED ACTION
Move to approve Budget Amendment 16-17-154 to increase funding to cover expenses incurred for IndigentBurials.
FISCAL IMPACT
The Fiscal Impact is $2,214.00, although the overall budget for FY 16/17 will not increase.
Attachments: 16-17-154 Public Asst Prog - Indigent Burials (BA).pdf
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HIGHLANDS COUNTYCOUNTY COMMISSION AGENDA ITEM
DATE OF ACTION REQUEST: October 17, 2017
PRESENTER: Tim Mechling, OMB Senior Manager
SUBJECT/TITLE: Request approval of Budget Amendment 16-17-155 adjusting project fundingbetween Infrastructure Surtax Fund 151 and HCISSR LTD Capital Fund 350.
STATEMENT OF ISSUE
The attached budget amendment is moving unused budget funds from the Law Enforcement Facility Project #13022into the Valerie Rd EMS Station Project #12045 and EMS Main Station Project #13061 within Fund 350. Fundingfor Project #12045 and Project #13061 in Fund 151 will be reduced in order to spend the as much of the loanproceeds in a timely manner to avoid arbitrage issues. Project #09021 will be adjusted in Fund 350 and in Fund 151to balance the moving of funding.
RECOMMENDED ACTION
Move to approve budget amendment 16-17-155.
FISCAL IMPACT
There is no fiscal impact to the overall budget. Funding is being moved in order to be able to spend the loan proceedsin a timely manner.
Attachments: 16-17-155 Adjustments to Fund 350 & Project Funding (BA).pdf16-17-155R Adjustments to Fund 350 & Project Funding (Resolution).pdf
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HIGHLANDS COUNTYCOUNTY COMMISSION AGENDA ITEM
DATE OF ACTION REQUEST: October 17, 2017
PRESENTER: Clinton Howerton, Jr., P.E., County Engineer
SUBJECT/TITLE: Request for consideration of Budget Amendment NO. 17-18-005 to reallocatefunds in Fund 401 (Solid Waste Enterprise Fund)
STATEMENT OF ISSUE
The Board of County Commissioners entered a contract with Waste Connections for Curbside Recycling Services onJune 15, 2016. As part of the Curbside Recycling Plan the decision was made to discontinue in-house recycling withthe Household Hazardous Waste (HHW) and Ewaste programs being relocated to the Arbuckle landfill.
In FY 17-18, there are no funds budgeted because the Recycling Center was supposed to be completely shut down bythe end of September 2017. Due to a longer than expected transition to curbside recycling, Hurricane Irma movingover Highlands County on September 11, 2017, and the cleanup effort that has been underway since that day, Countystaff has not been able to shut the Recycling Center down. Staff is still needed to process the rest of the recyclables,move the HHW and Ewaste programs to the landfill, and shut down the recycling center.
Since there are no funds budgeted in the Recycling Cost Center, it is necessary to reallocate funds from Fund 401,Reserve for Contingency, in the amount of $16,416.00 to continue paying the two (2) OPS employees that were paid inCost Center 4211 (Recycling Services) in FY 16-17 and that have both been previously approved to work beyondtheir six (6) month OPS time limit.
RECOMMENDED ACTION
Move to approve Budget Amendment No. 17-18-005 in the amount of $16,416.00 from Fund 401 (SolidWaste Enterprise Fund), Account 9990F (Reserve for Contingency) to Cost Center 4210 (Refuse Disposal)to fund two (2) OPS employees that will be assisting with the work needed to shut down the HighlandsCounty Recycling Center.
FISCAL IMPACT
This budget amendment is realigning $16,416.00 from cost center 9990F (Budgetary Expenditure), account 59900(Reserve for Contingency) to cost center 4210 (Refuse Disposal System), accounts 51300 (Other Salaries & Wages),51400 (Overtime), 52100 (FICA Taxes), 52200 (Retirement Contributions), and 52400 (Workers’ Compensation) inthe amounts of $12,500.00, $1,172.00, $1,046.00, $1,013.00, and $685.00, respectively.
Attachments: 17-18-005 Solid Waste OPS Adjustment (BA & Reserve for Contingency).pdf99
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FISCAL YEAR 2017-2018
DATE INTENDED
BCC APPROVED B.A.# AMOUNT BALANCE DESCRIPTION
10/01/17 $450,000.0010/17/17 17-18-002 ($12,790.00) $437,210.00 To adjust the County Commissioner's budget to reflect the increase for Executive Salaries as approved by State.10/17/17 17-18-003 ($15,148.00) $422,062.00 To adjust the Property Appraiser's budget to reflect the DOR adjustments.10/17/17 ($4,076.00) $417,986.00 To adjust the Transportation Disadvan. budget due to changes to State grant received after agency's budget request.
$417,986.00CONTINUED ON NEXT PAGE
REVISED TOTAL:
BEGINNING BALANCE
HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS
RESERVE FOR CONTINGENCY ADJUSTMENTS
GENERAL FUND - 005 (9990)
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HIGHLANDS COUNTYCOUNTY COMMISSION AGENDA ITEM
DATE OF ACTION REQUEST: October 17, 2017
PRESENTER: Chris Benson, Community Programs Director
SUBJECT/TITLE: Request for approval of Resolution & Budget Amendment 17-18-008 forEmergency Food & Shelter Program Grant Phase 34 Project 16074.
STATEMENT OF ISSUE
The Emergency Food and Shelter Program (EFSP) was signed into law in 1983 which also created a National Board tooversee the Program. Grants are awarded by the Local EFSP Board through an application process of which HighlandsCounty has participated for more than 15 years. The County has received notification that the award amount will be$8,000 from the Emergency Food & Shelter National Board Program. Funds will be used for rent and mortgageassistance for needy families in Highlands County.
RECOMMENDED ACTION
Move to approve Resolution & Budget Amendment 17-18-008 for Emergency Food & Shelter ProgramGrant Phase 34.
FISCAL IMPACT
The Fiscal Impact is $8,000.00
Attachments: 17-18-008 Rollover Proj 16074 Emerg. Food & Shelter Prog (BA).pdf17-18-008R Rollover Proj 16074 Emerg. Food & Shelter Prog (Resolution).pdf
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HIGHLANDS COUNTYCOUNTY COMMISSION AGENDA ITEM
DATE OF ACTION REQUEST: October 17, 2017
PRESENTER: Sheriff Paul Blackman
SUBJECT/TITLE: Request approval of budget amendment 17-18-009 and Resolution to roll forwardand to appropriate budgeted funds within the General Fund.
STATEMENT OF ISSUE
This budget amendment is necessary to roll forward project funds within the General Fund for 2014 SCAAP, 2015SCAAP, 2016 SCAAP and to accept and appropriate budgeted grant funds which were awarded by the USDepartment of Justice on 9/29/2017 for Sexual Assault Forensic Evidence (SAFE-ITR).
RECOMMENDED ACTION
Move to approve budget amendment 17-18-009 and Resolution to realign the Sheriff’s budgeted funds withinthe General Fund.
FISCAL IMPACT
The fiscal impact to the Board’s FY 17/18 Budget will be an increase of $73,150, however, these funds are grantfunded and were budgeted in prior years and were not expended; therefore. they are being rolled forward to the newfiscal year. This budget amendment and resolution is realigning and setting up grant/project funds within the GeneralFund that have been budgeted or offset by incoming revenues.
Attachments: 17-18-009 SAFE-SCAAP - Sheriff's Office (BA).pdf17-18-009R SAFE-SCAAP - Sheriff's Office (Resolution).pdfSAFE Tracking Acceptance Award (Sheriff's Office).pdf
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U.S. Department of Justice
Office of Justice Programs
Washington, D.C. 20531Office of the Assistant Attorney General
September 29, 2017
Mr. Robin A. ReedCounty of Highlands600 S. Commerce AvenueSebring, FL 33870-3809
Dear Mr. Reed:
On behalf of Attorney General Jefferson Sessions III, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY17 Sexual Assault Forensic Evidence-Inventory, Tracking, and Reporting Program (SAFE-ITR) in the amount of $58,771 for County of Highlands. This funding supports the FY 2017 Sexual Assault Forensic Evidence-Inventory, Tracking, and Reporting Program (SAFE-ITR) project titled “Sexual Assault Forensic EvidenceProgram.”
Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrativeaction as appropriate.
If you have questions regarding this award, please contact:
- Program Questions, Theodore D. Robinson, Grant Manager at (202) 616-1739; and
- Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at ask.ocfo@usdoj.gov.
Congratulations, and we look forward to working with you.
Sincerely,
Enclosures
Alan R. Hanson
Acting Assistant Attorney General
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U.S. Department of Justice
Office of Justice Programs
OFFICE FOR CIVIL RIGHTS
810 7th Street, NWWashington, DC 20531
Tel: (202) 307-0690TTY: (202) 307-2027E-mail: askOCR@usdoj.govWebsite: www.ojp.usdoj.gov/ocr
September 29, 2017
Mr. Robin A. ReedCounty of Highlands600 S. Commerce AvenueSebring, FL 33870-3809
Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of federal funding to compliance with federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) is responsible for ensuring that recipients of financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) comply with the applicable federal civil rights laws. We at the OCR are available to help you and your organization meet the civil rights requirements that come with DOJ funding.
Ensuring Access to Federally Assisted Programs
Federal laws that apply to recipients of financial assistance from the DOJ prohibit discrimination on the basis of race, color, national origin, religion, sex, or disability in funded programs or activities, not only in employment but also in the delivery of services or benefits. A federallaw also prohibits recipients from discriminating on the basis of age in the delivery of services or benefits.
In March of 2013, President Obama signed the Violence Against Women Reauthorization Act of 2013. The statute amends the Violence Against Women Act of 1994 (VAWA) by including a nondiscrimination grant condition that prohibits discrimination based on actual or perceived race, color, national origin, religion, sex, disability, sexual orientation, or gender identity. The new nondiscrimination grant condition applies to certain programs funded after October 1, 2013. The OCR and the OVW have developed answers to some frequently asked questions about this provision to assist recipients of VAWA funds to understand their obligations. The Frequently Asked Questions are available at http://ojp.gov/about/ocr/vawafaqs.htm.
Enforcing Civil Rights Laws
All recipients of federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of employees in the workforce, are subject to prohibitions against unlawful discrimination. Accordingly, the OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, the OCR selects a number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal opportunity standards.
Dear Mr. Reed:
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Providing Services to Limited English Proficiency (LEP) Individuals
In accordance with DOJ guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). See U.S. Department of Justice, Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 67 Fed. Reg. 41,455 (2002). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website http://www.lep.gov.
Ensuring Equal Treatment for Faith-Based Organizations
The DOJ regulation, Equal Treatment for Faith-Based Organizations, 28 C.F.R. pt. 38, requires State Administering Agencies (SAAs) to treat faith-based organizations the same as any other applicant or recipient. The regulation prohibits SAAs from making awards or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious composition of itsboard of directors.
The regulation also prohibits faith-based organizations from using financial assistance from the DOJ to fund inherently (or explicitly) religious activities. While faith-based organizations can engage in non-funded inherently religious activities, they must hold them separately from the program funded by the DOJ, and recipients cannot compel beneficiaries to participate in them. The Equal Treatment Regulation also makes clear that organizations participating in programs funded by the DOJ are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulation, please see the OCR's website at http://www.ojp.usdoj.gov/about/ocr/equal_fbo.htm.
SAAs and faith-based organizations should also note that the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, as amended, 42 U.S.C. § 3789d(c); the Victims of Crime Act of 1984, as amended, 42 U.S.C. § 10604(e); the Juvenile Justice and DelinquencyPrevention Act of 1974, as amended, 42 U.S.C. § 5672(b); and VAWA, Pub. L. No. 113-4, sec. 3(b)(4), 127 Stat. 54, 61-62 (to be codified at 42 U.S.C. § 13925(b)(13)) contain prohibitions against discrimination on the basis of religion in employment. Despite these nondiscrimination provisions, the DOJ has concluded that it may construe the Religious Freedom Restoration Act (RFRA) on a case-by-case basis to permit some faith-based organizations to receive DOJ funds while taking into account religion when hiring staff, even if the statute that authorizes the funding program generally forbids recipients from considering religion in employment decisions. Please consult with the OCR if you have any questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment.
Using Arrest and Conviction Records in Making Employment Decisions
The OCR issued an advisory document for recipients on the proper use of arrest and conviction records in making hiring decisions. See Advisory for Recipients of Financial Assistance from the U.S. Department of Justice on the U.S. Equal Employment Opportunity Commission's Enforcement Guidance: Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964 (June 2013), available at http://www.ojp.usdoj.gov//about/ocr/pdfs/UseofConviction_Advisory.pdf. Recipients should be mindful that the misuse of arrest or conviction records to screen either applicants for employment or employees for retention or promotion may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination. In light of the Advisory, recipients should consult local counsel in reviewing their employment practices. If warranted, recipients should also incorporate an analysis of the use of arrest and conviction records in their Equal Employment Opportunity Plans (EEOPs) (see below).
Complying with the Safe Streets Act
An organization that is a recipient of financial assistance subject to the nondiscrimination provisions of the Safe Streets Act, must meet two obligations: (1) complying with the federal regulation pertaining to the development of an EEOP (see 28 C.F.R. pt. 42, subpt. E) and (2) submitting to the OCR findings of discrimination (see 28 C.F.R. §§ 42.204(c), .205(c)(5)).
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Sincerely,
Meeting the EEOP Requirement
If your organization has less than fifty employees or receives an award of less than $25,000 or is a nonprofit organization, a medical institution, an educational institution, or an Indian tribe, then it is exempt from the EEOP requirement. To claim the exemption, your organization must complete and submit Section A of the Certification Form, which is available online at http://www.ojp.usdoj.gov/about/ocr/pdfs/cert.pdf.
If your organization is a government agency or private business and receives an award of $25,000 or more, but less than $500,000, and has fifty or more employees (counting both full- and part-time employees but excluding political appointees), then it has to prepare a Utilization Report (formerly called an EEOP Short Form), but it does not have to submit the report to the OCR for review. Instead, your organization has to maintain the Utilization Report on file and make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and return it to the OCR. The Certification Form is available at http://www.ojp.usdoj.gov/about/ocr/pdfs/cert.pdf.
If your organization is a government agency or private business and has received an award for $500,000 or more and has fifty or more employees (counting both full- and part-time employees but excluding political appointees), then it has to prepare a Utilization Report (formerly called an EEOP Short Form) and submit it to the OCR for review within sixty days from the date of this letter. For assistance in developing a Utilization Report, please consult the OCR's website at http://www.ojp.usdoj.gov/about/ocr/eeop.htm. In addition, your organization has to complete Section C of the Certification Form and return it to the OCR. The Certification Form is available at http://www.ojp.usdoj.gov/about/ocr/pdfs/cert.pdf.
To comply with the EEOP requirements, you may request technical assistance from an EEOP specialist at the OCR by telephone at (202) 307-0690, by TTY at (202) 307-2027, or by e-mail at EEOsubmisson@usdoj.gov.
Meeting the Requirement to Submit Findings of Discrimination
If in the three years prior to the date of the grant award, your organization has received an adverse finding of discrimination based on race, color, national origin, religion, or sex, after a due-process hearing, from a state or federal court or from a state or federal administrative agency, your organization must send a copy of the finding to the OCR.
Ensuring the Compliance of Subrecipients
SAAs must have standard assurances to notify subrecipients of their civil rights obligations, written procedures to address discrimination complaints filed against subrecipients, methods to monitor subrecipients' compliance with civil rights requirements, and a program to train subrecipients on applicable civil rights laws. In addition, SAAs must submit to the OCR every three years written Methods of Administration (MOA) that summarize the policies and procedures that they have implemented to ensure the civil rights compliance of subrecipients. For more information on the MOA requirement, see http://www.ojp.usdoj.gov/funding/other_requirements.htm.
If the OCR can assist you in any way in fulfilling your organization's civil rights responsibilities as a recipient of federal financial assistance, please contact us.
Michael L. Alston
Director
cc: Grant ManagerFinancial Analyst 113
GrantPAGE 1 OF
U.S. Department of Justice
Office of Justice Programs
National Institute of Justice
1. RECIPIENT NAME AND ADDRESS (Including Zip Code)
County of Highlands600 S. Commerce AvenueSebring, FL 33870-3809
8. SUPPLEMENT NUMBER
00
9. PREVIOUS AWARD AMOUNT
10. AMOUNT OF THIS AWARD
$ 0
$ 58,771
11. TOTAL AWARD $ 58,771
2a. GRANTEE IRS/VENDOR NO.
596000655
2b. GRANTEE DUNS NO.
073234783
3. PROJECT TITLE
Sexual Assault and Forensic Evidence Program
12. SPECIAL CONDITIONS
THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTHON THE ATTACHED PAGE(S).
13. STATUTORY AUTHORITY FOR GRANT
This project is supported under FY17(NIJ - BJA Sexual Assault Kit Initiative (SAFE-ITR grants)) Pub. L. No. 115-31, 131 Stat. 135, 204; 28 USC 530C
14 . CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number)
16.741 - DNA Backlog Reduction Program
15. METHOD OF PAYMENT
GPRS
AGENCY APPROVAL
16. TYPED NAME AND TITLE OF APPROVING OFFICIAL
GRANTEE ACCEPTANCE
Alan R. Hanson
Acting Assistant Attorney General
AGENCY USE ONLY
20. ACCOUNTING CLASSIFICATION CODES 21.
FISCALYEAR
FUNDCODE
BUD.ACT. OFC.
DIV.REG. SUB. POMS AMOUNT
AKBX 60 00 00 58771
SAKSGT0182
18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL
Robin A. ReedDirector of Business Administration
4. AWARD NUMBER: 2017-AK-BX-0010
5. PROJECT PERIOD: FROM
BUDGET PERIOD: FROM
6. AWARD DATE 7. ACTION
Initial
09/29/2017
TO
TO
01/01/2018
01/01/2018
12/31/2019
12/31/2019
OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE.
OJP FORM 4000/2 (REV. 4-88)
19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE17. SIGNATURE OF APPROVING OFFICIAL
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AWARD CONTINUATIONSHEET
Grant
PAGE 2 OF
U.S. Department of Justice
Office of Justice Programs
National Institute of Justice
AWARD DATE 09/29/2017PROJECT NUMBER 2017-AK-BX-0010
SPECIAL CONDITIONS
Requirements of the award; remedies for non-compliance or for materially false statements
The conditions of this award are material requirements of the award. Compliance with any certifications or assurances submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award.
Failure to comply with any one or more of these award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or a certification or assurance related to conduct during the award period --may result in the Office of Justice Programs ("OJP") taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. The Department of Justice ("DOJ"), including OJP, also may take other legal action as appropriate.
Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621,and/or 42 U.S.C. 3795a), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from thisaward.
Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2017 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2017 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2017 award.
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm.
In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification.
Compliance with DOJ Grants Financial Guide
The recipient agrees to comply with the DOJ Grants Financial Guide as posted on the OJP website (currently, the "2015DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance.
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OJP FORM 4000/2 (REV. 4-88)
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PAGE 3 OF
U.S. Department of Justice
Office of Justice Programs
National Institute of Justice
AWARD DATE 09/29/2017PROJECT NUMBER 2017-AK-BX-0010
SPECIAL CONDITIONS
Required training for Point of Contact and all Financial Points of Contact
Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2015, will satisfy this condition.
In the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or FPOC must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after-- (1) the date of OJP's approval of the "Change Grantee Contact" GAN (in the case of a new POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successful completion of such a training on or after January 1, 2015, will satisfy this condition.
A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://www.ojp.gov/training/fmts.htm. All trainings that satisfy this condition include a session on grant fraud prevention and detection.
The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award.
Requirements related to "de minimis" indirect cost rate
A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must adviseOJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements.
Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget-modification or change-of-project-scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding.
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OJP FORM 4000/2 (REV. 4-88)
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AWARD CONTINUATIONSHEET
Grant
PAGE 4 OF
U.S. Department of Justice
Office of Justice Programs
National Institute of Justice
AWARD DATE 09/29/2017PROJECT NUMBER 2017-AK-BX-0010
SPECIAL CONDITIONS
Requirements related to System for Award Management and Universal Identifier Requirements
The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM.
The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here.
This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated toany business or non-profit organization that he or she may own or operate in his or her name).
All subawards ("subgrants") must have specific federal authorization
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract").
The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here.
Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed $150,000
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $150,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward).
The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $150,000)), and are incorporated by reference here.
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PAGE 5 OF
U.S. Department of Justice
Office of Justice Programs
National Institute of Justice
AWARD DATE 09/29/2017PROJECT NUMBER 2017-AK-BX-0010
SPECIAL CONDITIONS
Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here.
Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "2015 DOJ Grants Financial Guide").
Requirement for data on performance and effectiveness under the award
The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws.
OJP Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://ojp.gov/funding/ojptrainingguidingprinciples.htm.
Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards.
Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high-risk" for purposes of the DOJ high-risk grantee list.
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OJP FORM 4000/2 (REV. 4-88)
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U.S. Department of Justice
Office of Justice Programs
National Institute of Justice
AWARD DATE 09/29/2017PROJECT NUMBER 2017-AK-BX-0010
SPECIAL CONDITIONS
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program.
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs."
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38, specifically including any applicable requirements regarding written notice to program beneficiaries andprospective program beneficiaries. Part 38 of 28 C.F.R., a DOJ regulation, was amended effective May 4, 2016.
Among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38 also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations.
The text of the regulation, now entitled "Partnerships with Faith-Based and Other Neighborhood Organizations," is available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data.
Restrictions on "lobbying"
In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.)
Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations.
Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or mightfall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without theexpress prior written approval of OJP.
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U.S. Department of Justice
Office of Justice Programs
National Institute of Justice
AWARD DATE 09/29/2017PROJECT NUMBER 2017-AK-BX-0010
SPECIAL CONDITIONS
Compliance with general appropriations-law restrictions on the use of federal funds (FY 2017)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use offederal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2017, are set out at https://ojp.gov/funding/Explore/FY17AppropriationsRestrictions.htm, and are incorporated by reference here.
Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP.
Reporting potential fraud, waste, and abuse, and similar misconduct
The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2)committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct.
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by-- (1) mail directed to: Office of the Inspector General, U.S. Department of Justice, Investigations Division, 950 Pennsylvania Avenue, N.W. Room 4706, Washington, DC 20530; (2) e-mail to: oig.hotline@usdoj.gov; and/or (3)the DOJ OIG hotline: (contact information in English and Spanish) at (800) 869-4499 (phone) or (202) 616-9881 (fax).
Additional information is available from the DOJ OIG website at https://www.usdoj.gov/oig.
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U.S. Department of Justice
Office of Justice Programs
National Institute of Justice
AWARD DATE 09/29/2017PROJECT NUMBER 2017-AK-BX-0010
SPECIAL CONDITIONS
Restrictions and certifications regarding non-disclosure agreements and related matters
No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information.
The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information.
1. In accepting this award, the recipient--
a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and
b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.
2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both--
a. it represents that--
(1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste,fraud, or abuse as described above; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and
b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.
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OJP FORM 4000/2 (REV. 4-88)
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AWARD CONTINUATIONSHEET
Grant
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U.S. Department of Justice
Office of Justice Programs
National Institute of Justice
AWARD DATE 09/29/2017PROJECT NUMBER 2017-AK-BX-0010
SPECIAL CONDITIONS
Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees)
The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant.
The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712.
Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.
Encouragement of policies to ban text messaging while driving
Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by thisaward, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers.
Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of DOJ
If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain relatedinformation to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency.
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OJP FORM 4000/2 (REV. 4-88)
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AWARD CONTINUATIONSHEET
Grant
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U.S. Department of Justice
Office of Justice Programs
National Institute of Justice
AWARD DATE 09/29/2017PROJECT NUMBER 2017-AK-BX-0010
SPECIAL CONDITIONS
(a) Use of Funds (no DNA testing expenses); No Research Funds provided under this award shall be used only for the purposes and types of expenses set forth in the fiscal year 2017 program solicitation. The recipient shall ensure that none of the funds under this award are used for DNA testing (such as DNA testing expenses for personnel, equipment, supplies, procurement contracts). The recipient shall ensure that none of the funds provided under this award are used for research or statistical projects or activities as defined by 28 CFR Part 22 or for research as defined by 28 CFR Part 46. Any questions concerning thisprovision should be directed to the NIJ grant manager for the award. (b) Sexual Assault Kit Tracking Requirements The recipient shall ensure that it tracks and reports on any sexual assault kit within its inventory for a period of not less than twelve months. The recipient shall ensure that any "new" sexual assault kit is incorporated into its inventory within 90 days of possession as set forth in the FY 2017 program solicitation. The recipient shall ensure that a unique identifier is assigned to each sexual assault kit tracked with funding under this award. The recipient must identify the date upon which the prosecution of the person(s) to whom any sexual assault kittracked with funding under this award relates would be time-barred by an applicable statute(s) of limitations. (c) Reporting of sexual assault kit metrics (posting on appropriate public website required); reports must not include personally identifiable information The recipient shall ensure that it posts sexual assault kit metrics to an appropriate website hosted by the recipient and open (accessible) to the public every 60 days. The recipient agrees that it will post the first such "60-day" report to its website not later than 60 days after the date of inventory completion specified on a properly-executed inventory certification submitted to NIJ in accordance with the FY 2017 program solicitation. The recipient shall ensure that "60-day" reports (or any other reports or documentation published under this program) do not contain personally identifiable information or any details about a sexual assault that might lead to the identification of the individuals involved. The recipient shall provide its "60-day" reports (captured during the applicable semi-annual progress reporting period)in its semi-annual progress reports submitted during the life of this award.
The recipient agrees that it will submit quarterly financial status reports to OJP on-line (at https://grants.ojp.usdoj.gov) using the SF 425 Federal Financial Report form (available for viewing at www.whitehouse.gov/omb/grants/standard_forms/ff_report.pdf), not later than 30 days after the end of each calendar quarter. The final report shall be submitted not later than 90 days following the end of the award period.
The recipient shall submit semiannual progress reports. Progress reports shall be submitted within 30 days after the endof the reporting periods, which are June 30 and December 31, for the life of the award. These reports will be submittedto the Office of Justice Programs, on-line through the Internet at https://grants.ojp.usdoj.gov/.
The recipient shall submit a report within 90 days of the end of the award period documenting all relevant project activities during the entire period of support under this award. At a minimum, with respect to funds provided under thisFY 2017 award, the final report shall provide: (1) a summary and assessment of the program carried out with the funds made available under this FY 2017 award; (2) data associated with the performance measures set out in the FY 2017 program solicitation. The recipient shall ensure that all data and information necessary for the report are collected throughout the award period. The report must be submitted to the Office of Justice Programs, on-line through https://grants.ojp.usdoj.gov/.
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OJP FORM 4000/2 (REV. 4-88)
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AWARD CONTINUATIONSHEET
Grant
PAGE 11 OF
U.S. Department of Justice
Office of Justice Programs
National Institute of Justice
AWARD DATE 09/29/2017PROJECT NUMBER 2017-AK-BX-0010
SPECIAL CONDITIONS
To assist in information sharing, the award recipient shall provide the NIJ grant manager with a copy of publications (including those prepared for conferences and other presentations) resulting from this award, prior to or simultaneous with their public release. NIJ defines publications as any written, visual or sound material substantively based on the project, formally prepared by the award recipient for dissemination to the public. Submission of publications prior to or simultaneous with their public release aids NIJ in responding to any inquiries that may arise. Any publications - excluding press releases and newsletters - whether published at the recipient's or government's expense, shall contain the following statement: "This project was supported by Award No. ______________, awarded by the National Institute of Justice, Office of Justice Programs, U.S. Department of Justice. The opinions, findings, and conclusions or recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect those of the Department of Justice." This statement shall appear on the first page of written publications. For audio and video publications, it shall be included immediately after the title of the publication in the audio or video file.
The recipient shall transmit to the NIJ grant manager copies of all official award-related press releases at least ten (10) working days prior to public release. Advance notice permits time for coordination of release of information by NIJ where appropriate and to respond to press or public inquiries.
The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of anyactivities within this project.
The Project Director and key program personnel designated in the application shall be replaced only for compelling reasons. Successors to key personnel must be approved, and such approval is contingent upon submission of appropriate information, including, but not limited to, a resume. OJP will not unreasonably withhold approval. Changes in other program personnel require only notification to OJP and submission of resumes, unless otherwise designated in the award document.
Pursuant to 28 C.F.R. Part 18, OJP may suspend or terminate funding under this award before the completion of the project funded by this award, for the recipient's failure to comply with these special conditions or with the project's goals, plans and methodology set forth in the approved application. In the case of suspension, the recipient will be unable to draw down funds until OJP determines that the recipient is in compliance.
The recipient acknowledges that the Office of Justice Programs (OJP) reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use (in whole or in part, including inconnection with derivative works), for Federal purposes: (1) any work subject to copyright developed under an award or subaward; and (2) any rights of copyright to which a recipient or subrecipient purchases ownership with Federal support. The recipient acknowledges that OJP has the right to (1) obtain, reproduce, publish, or otherwise use the data first produced under an award or subaward; and (2) authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes. "Data" includes data as defined in Federal Acquisition Regulation (FAR) provision 52.227-14 (Rights in Data - General). It is the responsibility of the recipient (and of each subrecipient, if applicable) to ensure that this condition is included in any subaward under this award. The recipient has the responsibility to obtain from subrecipients, contractors, and subcontractors (if any) all rights and data necessary to fulfill the recipient's obligations to the Government under this award. If a proposed subrecipient, contractor, or subcontractor refuses to accept terms affording the Government such rights, the recipient shall promptly bring such refusal to the attention of the OJP program manager for the award and not proceed with the agreement in question without further authorization from the OJP program office.
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OJP FORM 4000/2 (REV. 4-88)
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AWARD CONTINUATIONSHEET
Grant
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U.S. Department of Justice
Office of Justice Programs
National Institute of Justice
AWARD DATE 09/29/2017PROJECT NUMBER 2017-AK-BX-0010
SPECIAL CONDITIONS
Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification must be submitted to and approved by the Office of Justice Programs (OJP) program office prior to obligation or expenditure of such funds.
The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipientobligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are postedon the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, including its reporting requirement, does not apply to an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name).
The recipient agrees to comply with all Federal, State, and local environmental laws and regulations applicable to the development and implementation of the activities to be funded under this award. Categorical Exclusion: Based upon the information provided by the recipient in its application for these funds, NIJ has determined and the recipient understands that the proposed activities meet the definition of a categorical exclusion, as defined in the Department of Justice Procedures for Implementing the National Environmental Policy Act found at 28 CFR Part 61 (including Appendix D). A categorical exclusion is an action that because of the proposed activities' very limited and predictable potential environmental impacts, both on an individual and a cumulative basis, does not have a significant impact on the quality of the human environment. Consequently, no further environmental impact analysis isnecessary under the requirements of the National Environmental Policy Act, 42 U.S.C. 4321, for these categorically excluded activities. Modifications: Throughout the term of this award, the recipient agrees that for any activities that are the subject of this categorical exclusion, it will inform NIJ of-- (1) any change(s) that it is considering making to the previously assessed activities that may be relevant to the environmental impacts of the activities; or (2) any proposed new activities or changed circumstances that may require assessment as to environmental impact, such as new activities that involve the use of chemicals or involve construction or major renovation. The recipient will not implement a proposed change or new activity until NIJ, with the assistance of the recipient, has completed any applicable environmental impact review requirements necessitated by the proposed change or new activity (or changed circumstances) and NIJ has concurred in the proposed change or new activity. This approval will not be unreasonably withheld as long as any requested modification(s) is consistent with eligible program purposes and found acceptable under an NIJ-conducted environmental impact review process.
The recipient may not obligate, expend or draw down funds until the Office of the Chief Financial Officer (OCFO) has approved the budget and budget narrative and a Grant Adjustment Notice (GAN) has been issued to remove this specialcondition.
The recipient may not obligate, expend, or draw down any award funds until: (1) it has provided to the grant manager for this OJP award either an "applicant disclosure of pending applications" for federal funding or a specific affirmative statement that no such pending applications (whether direct or indirect) exist, in accordance with the detailed instructions in the program solicitation, (2) OJP has completed its review of the information provided and of any supplemental information it may request, (3) the recipient has made any adjustments to the award that OJP may require to prevent or eliminate any inappropriate duplication of funding (e.g., budget modification, project scope adjustment), (4) if appropriate adjustments to a discretionary award cannot be made, the recipient has agreed in writing to any necessary reduction of the award amount in any amount sufficient to prevent duplication (as determined by OJP), and (5) a Grant Adjustment Notice has been issued removing this special condition.
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OJP FORM 4000/2 (REV. 4-88)
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AWARD CONTINUATIONSHEET
Grant
PAGE 13 OF
U.S. Department of Justice
Office of Justice Programs
National Institute of Justice
AWARD DATE 09/29/2017PROJECT NUMBER 2017-AK-BX-0010
SPECIAL CONDITIONS
Any Web site that is funded in whole or in part under this award must include the following statement on the home page, on all major entry pages (i.e., pages (exclusive of documents) whose primary purpose is to navigate the user to interior content), and on any pages from which a visitor may access or use a Web-based service, including any pages that provide results or outputs from the service: "This Web site is funded [insert "in part," if applicable] through a grant from the [insert name of OJP component], Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this Web site (including, without limitation, itscontent, technical infrastructure, and policies, and any services or tools provided)." The full text of the foregoing statement must be clearly visible on the home page. On other pages, the statement may be included through a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full text of the statement.
The recipient may not obligate, expend, or draw down any funds under this award until it has provided to the grant manager for this OJP award a complete Disclosure of Lobbying Activities (SF-LLL) form and OJP has issued a Grant Adjustment Notice to remove this special condition.
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OJP FORM 4000/2 (REV. 4-88)
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Memorandum To:
From:
Subject:
Washington, D.C. 20531
Steven Schuetz, Physical Scientist
Categorical Exclusion for County of Highlands
The recipient agrees to comply with all Federal, State, and local environmental laws and regulations applicable to the development and implementation of the activities to be funded under this award. Categorical Exclusion: Based upon the information provided by the recipient in its application for these funds, NIJ has determined and the recipient understands that the proposed activities meet the definition of a categorical exclusion, as defined in the Department of Justice Procedures for Implementing the National Environmental PolicyAct found at 28 CFR Part 61 (including Appendix D). A categorical exclusion is an action that because of the proposed activities' very limited and predictable potential environmental impacts, both on an individual and a cumulative basis, does not have a significant impact on the quality of the human environment. Consequently, no further environmental impact analysis is necessary under the requirements of the National Environmental Policy Act, 42 U.S.C. 4321, for these categorically excluded activities. Modifications: Throughout the term of this award, the recipient agrees that for any activities that are the subject of this categorical exclusion, it will inform NIJ of-- (1) any change(s) that it is considering making to the previously assessed activities that may be relevant to the environmental impacts of the activities; or (2) any proposed new activities or changed circumstances that may require assessment as to environmental impact, such as new activities that involve the use of chemicals or involve construction or major renovation. The recipient will not implement a proposed change or new activity until NIJ, with the assistance of the recipient, has completed any applicable environmental impact review requirements necessitated by the proposed change or new activity (or changed circumstances) and NIJ has concurred in the proposed change or new activity. This approval will not be unreasonably withheld as long as any requested modification(s) is consistent with eligible program purposes and found acceptable under an NIJ-conducted environmental impact review process.
Official Grant File
U.S. Department of Justice
Office of Justice Programs
National Institute of Justice
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GRANT MANAGER'S MEMORANDUM, PT. I: PROJECT SUMMARY
1. STAFF CONTACT (Name & telephone number)
PROJECT NUMBER
6. NAME & ADRESS OF SUBGRANTEE
7. PROGRAM PERIOD 8. BUDGET PERIOD
9. AMOUNT OF AWARD 10. DATE OF AWARD
11. SECOND YEAR'S BUDGET
2017-AK-BX-0010
2. PROJECT DIRECTOR (Name, address & telephone number)
4. TITLE OF PROJECT
12. SECOND YEAR'S BUDGET AMOUNT
13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT
15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse)
5. NAME & ADDRESS OF GRANTEE
Grant
This project is supported under FY17(NIJ - BJA Sexual Assault Kit Initiative (SAFE-ITR grants)) Pub. L. No. 115-31, 131 Stat. 135, 204; 28 USC 530C
Robin A. ReedBUSINESS ADMINISTRATOR600 S. COMMERCE AVESEBRING, FL 33870(863) 402-7215
PAGE 11 OF
The Highlands County Sheriff's Office (HCSO) provides law enforcement services in a rural portion of south Florida serving over 1,100 acres and approximately 100,000 people. Budgetary restraints and limited financial resources have made it difficult to effectively inventory and track sexual assault kits (SAKs). The goal and objective of this program is to obtain and implement the technology to accurately and efficiently perform a comprehensive inventory of existing SAKs. In addition to implementing the technology to perform the inventory, the technology will enable the agency to establish and maintain accountability of the existing and newly obtained SAKs. Currently, the agency does not have any technology to perform the tasks required in an efficient and effective manner, and must rely on manual processes, which are antiquated and very labor intensive. Technology exists which will automate the intake of SAKs. The technology will eliminate the manual processing of SAKs, and provide a web-based platform that will track the SAKs from initial collection throughout the process including -- but not limited to -- sending to the lab, returning from lab, status reporting, and caseidentification.
Theodore Robinson(202) 616-1739
OJP FORM 4000/2 (REV. 4-88)
Sexual Assault and Forensic Evidence Program
County of Highlands600 S. Commerce AvenueSebring, FL 33870-3809
TO:01/01/2018 12/31/2019FROM: TO:01/01/2018 12/31/2019FROM:
09/29/2017 $ 58,771
3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE)
3a. TITLE OF THE PROGRAM
NIJ FY17 Sexual Assault Forensic Evidence - Inventory, Tracking, and Reporting Program (SAFE-ITR)
U.S. Department of JusticeOffice of Justice Programs
National Institute of Justice
128
The tools and additional features from the implementation of the technology will enable the agency to be more responsive to prosecutors and victims, and provide state-of-the-art chain-of-custody security which should improve prosecution outcomes. The Highlands County Sheriff's Office expects to use the technology to improve the function of evidence processing, not just for SAKs, but for the evidence unit as a whole. The agency expects to implement the technology promptly, andprovide periodic reporting of progress. In summary, implementation of the proposed evidence processing technology will dramatically improve the capability and accountability of all evidence in the custody and control of the Highlands County Sheriff's Office. Implementation of the project will allow the Sheriff's Office to provide regular and accurate reportingto the DOJ as required under this project, and improve the value of DNA evidence obtained from the lab due to better evidence processing functionality. All of these benefits will be obtained without increasing labor costs to the agency. ca/ncf
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HIGHLANDS COUNTYCOUNTY COMMISSION AGENDA ITEM
DATE OF ACTION REQUEST: October 17, 2017
PRESENTER: Chris Benson, Community Programs Director
SUBJECT/TITLE: Request approval of of a Resolution approving the issuance of bonds by theHighlands County Health Facilities Authority for the Senior Living RevenueBonds in an aggregate principal amount not to exceed $45,000,000 for TheTrousdale Foundation, Inc. to acquire and improve the Palms of Sebring.
STATEMENT OF ISSUE
The Highlands County Health Facilities Authority held a public TEFRA (Tax Equity and Fiscal Responsibility Act of1982) hearing on September 26, 2017, on the proposed issuance under a plan of finance by the Authority of its SeniorLiving Revenue Bonds in an aggregate principal amount not to exceed $45,000,000 for The Trousdale Foundation, Inc.to acquire and improve the Palms of Sebring.
The attached TEFRA Resolution provides for approval of the issuance of those bonds solely for the purpose ofsatisfying Section 147(f) of the Internal Revenue Code. By adopting the Resolution, the County approves the Bonds,financing of the Facilities as described in the Resolution and in the Notice, and further approves the plan of finance forthe issuance by the Issued of not exceeding $45,000,000 of the Bonds, for the purposes described. The Resolutiondoes not obligate the County to make any payments or undertake any responsibilities for the costs and expenses andother financial liabilities that may be incurred in connection with the Bonds.
RECOMMENDED ACTION
Move approval of a Resolution approving the issuance of bonds by the Highlands County Health FacilitiesAuthority for the Senior Living Revenue Bonds in an aggregate principal amount not to exceed $45,000,000for The Trousdale Foundation, Inc. to acquire and improve the Palms of Sebring.
FISCAL IMPACT
The proposed conduit bonds would not count as a County obligation or financial responsibility.
Attachments: ltr to June Fisher with revised Resolution re Trousdale Foundation Bonds.pdf
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1
RESOLUTION NO. 17-___
RESOLUTION APPROVING THE ISSUANCE OF BONDS BY THE
HIGHLANDS COUNTY HEALTH FACILITIES AUTHORITY FOR THE
TROUSDALE FOUNDATION, INC. AND ITS AFFILIATES
WHEREAS, the Highlands County Health Facilities Authority (the “Issuer”) has been
established and is validly existing under Part III of Chapter 154, Florida Statutes, as amended;
and
WHEREAS, the Issuer intends to issue its Senior Living Revenue Bonds (The Trousdale
Foundation, Inc. Project) Series 2017 (the “Bonds”), issuable in one or more series; and
WHEREAS, the purpose of this approval is to satisfy the public approval requirement of
Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”) in connection
with the issuance of the Bonds; and
WHEREAS, the proceeds of the Bonds will be used by affiliates that are wholly-owned
by The Trousdale Foundation, Inc., a Massachusetts nonprofit corporation (the “Parent,” and
together with the affiliates, the “Borrower”) described in Section 501(c)(3) of the Code and
exempt from federal income taxation under Section 501(a) of the Code, and its successors and
assigns to (i) finance the costs of acquiring and improving the Palms of Sebring, a 227-unit
continuing care retirement community located at 725 South Pine Street, Sebring, Highlands
County, Florida, that includes skilled nursing facilities, a rehabilitation center, assisted living
facilities, independent living facilities, and home health services (collectively the “Facilities”),
(ii) fund certain reserves, (iii) fund capitalized interest, and (iv) pay costs of issuance of such
revenue bonds, with the owner of the Facilities to be the Borrower, and which Facilities will be
managed by Health Services Management Group, LLC; and
WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the
“Code”), requires public approval of certain revenue bonds by an applicable elected
representative of the governmental unit on behalf of which such bonds are to be issued, and any
plan of finance therefor, following a public hearing; and
WHEREAS, the required notice of such public hearing was published in The Highlands
News-Sun, a newspaper of general circulation in Highlands County, Florida (the “County”) on
September 12, 2017; and
WHEREAS, the hearing officer appointed by the Authority conducted a public hearing
on September 26, 2017 following publication of such notice, and the hearing officer’s Certificate
Regarding Public Hearing, including an affidavit of publication of notice, is attached to this
Resolution as Exhibit A; and
WHEREAS, the Board of County Commissioners of Highlands County, Florida desires
to approve the Bonds and the plan of finance pursuant to the requirements of Section 147(f) of
the Code;
135
2
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF HIGHLANDS COUNTY, FLORIDA, as follows:
Section 1. For the purpose of Section 147(f) of the Code, the County hereby approves
the Bonds, the financing of the Facilities described herein and in the Notice, and further approves
the plan of finance for the issuance by the Issuer of not exceeding $45,000,000 of the Bonds, for
the purposes herein described.
Section 2. Nothing herein shall be deemed to obligate the County to make any
payments or undertake any responsibilities for the costs and expenses and other financial
liabilities that may be incurred in connection with the Bonds.
Section 3. This Resolution shall be in full force and effect immediately upon its passage.
Passed and approved this ___ day of October, 2017.
BOARD OF COUNTY COMMISSIONERS
HIGHLANDS COUNTY, FLORIDA
[SEAL]
By: _________________________________
Don Elwell, Chair
ATTEST:
ROBERT W. GERMAINE, HIGHLANDS
COUNTY CLERK OF COURTS
By:
Clerk
Approved as to form and legality:
By:
Joy Cook Carmichael, Assistant County Attorney
G:\COUNTY\RESOLUTIONS\Ttrousdale - TEFRA Approval Highlands County_37683229_100417.doc
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A-1
EXHIBIT A
CERTIFICATE REGARDING PUBLIC HEARING
[See attached.]
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HIGHLANDS COUNTYCOUNTY COMMISSION AGENDA ITEM
DATE OF ACTION REQUEST: October 17, 2017
PRESENTER: Joy Carmichael, Assistant County Attorney
SUBJECT/TITLE: County Attorney File Log
STATEMENT OF ISSUE
Attached is a copy of the pending items on the County Attorney File Log as of October 11, 2017.
RECOMMENDED ACTION
None. This is being provided for informational purposes.
Attachments: Board Meeting Log.docx
141
COUNTY ATTORNEY PENDING ITEMS FILE LOG
DateIn
Received From What Is Requested Status
1
08/15/17 BCCMeeting
Prepare Fire Assessment MSBU Adoption of Ordinance establishing the HC Fire Protection MSBU to be set for the 11/7/17 meeting
10/02/17 Chris Bensone-mail
Review Florida Hospital Heartland LIP LOA Under review
10/04/17 Ben Dunne-mail
Review CoStar License Agreement Subscription Form e-mail sent to Ben Dunn asking for more information
10/05/17 Michelle Drakee-mail
Review Goss Reimbursement Agreement Kyle Green to discuss with Joy Carmichael
10/05/17 Gloria RybinskiInteroffice
Assisted Living Facilities Emergency Plans Public Records Request - Review content for exemptions
1,900 pages being reviewed for exemptions
10/05/17 Code EnforcementMeeting
Research quit claim of interest in mobile home Under review
10/11/17 Chris Bensone-mail
Review Subordination Agreement Under review
Ongoing projects
Small Cell Tower Ordinance Need information from Clinton Howerton, Jr.
Interlocal Agreement for Street Addressing Waiting on information from Chris Jennings
D’Tope & Sons – Deed from Highlands County Need additional information from Kimberly Sapp
Debris Monitoring Contract Addendum Addendum sent to Leidos, Inc. –waiting on reply
Solid Waste Ordinance Joy Carmichael to review file, contract and all other information regarding solid waste and recycling
Solid Waste Contract Amendment Under review
Agreement regarding Highlands County School BoardProperty on School Street for County use
Joy Carmichael to review e-mail from Kyle Green
G:\COUNTY\LOGS and LIST\Board Meeting Log.docx
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HIGHLANDS COUNTYCOUNTY COMMISSION AGENDA ITEM
DATE OF ACTION REQUEST: October 17, 2017
PRESENTER: Clinton Howerton, Jr., P.E., County Engineer
SUBJECT/TITLE: Request approval to waive landfill tipping fees for yard waste as well as C&D(Construction & Demolition) debris through November 21, 2017.
STATEMENT OF ISSUE
As most of you are aware on Sunday, August 10, 2017, Hurricane Irma came through Highlands County and causedsevere destruction county wide. There were many trees that are down and roofs that came off and structures that wereblown down. The County Engineer is respectfully asking the Board to consider waiving the tipping fees for all yardwaste and C&D materials that were left over after the storms destruction.
After the 2004 hurricanes, the Board waived fees for a certain amount of time to help the citizens of Highlands Countyclean up the debris left behind by the destruction of a hurricane. Staff feels that the same is true for Hurricane Irma andthat it is necessary to waive the tipping fees until October 9, 2017. The citizens of the County are already devastated bythe loss of property, electricity, food, water, ice etc. By the Board approving the waiving of the tipping fees it givescitizens hope and cleans up the community after the massive devastation.
On September 19, 2017 the Board of County Commissioners discussed and made a motion to waive the landfill tippingfees for all yard waste and C&D materials for residents only until October 17, 2017. The County Engineer is asking fordirection from the Board extending the waiving of the tipping fees until November 21, 2017.
RECOMMENDED ACTION
Move to approve extending the waiving of Landfill Tipping Fees for both residential yard waste and C&Ddebris from Hurricane Irma through November 21, 2017.
FISCAL IMPACT
Unknown at this time.
Attachments:
143
HIGHLANDS COUNTYCOUNTY COMMISSION AGENDA ITEM
DATE OF ACTION REQUEST: October 17, 2017
PRESENTER: June Fisher, County Administrator
SUBJECT/TITLE: Request approval of Budget Amendment 17-18-002 For Adjustment toCommissioners' Salaries from Reserve for Contingency.
STATEMENT OF ISSUE
The budget amendment is to revise the commissioners’ salaries to the amount required by the State of Florida. Thepractice of determining the compensation of Florida’s county constitutional officers by state law was sanctioned by theConstitution of 1885 and has been maintained since the 1968 constitutional revision. However, it was not until 1973that the Legislature authorized the salary compensation formula that was the precursor to its present form.
The current salary formula methodology specifies that the latest official population census counts or intercensal estimatesfor the years between decennial censuses serve as a major component of the salary computation. In addition to thepopulation figures, the salary formula contains five other components. The base salary and group rate components forthe separate officers are specified in various sections of Chapter 145, F.S., for elected county officers and Chapter1001, F.S., for elected school district officials. The initial factor component is currently set in law as a constantnumerical value. The Florida Department of Management Services (DMS) annually certifies the remaining twocomponents, the annual factor and cumulative annual factor, used in the salary formula calculations. Traditionally, thisannual certification has occurred in late summer, typically during the month of August or September. The Statepublished the amount for the commissioners’ salaries on September 8, 2017 after the budget had been prepared.
RECOMMENDED ACTION
Move to approve Budget Amendment 17-18-002 as presented.
FISCAL IMPACT
This budget amendment is reaigning $12,790.00 from cost center 9990 (Budgetary Expenditure 005), account 59900(Reserve for Contingency) to cost center 2101 (Board of County Commissioners).
Attachments: 17-18-002 Board of County Commissioners Salary Adjustment (BA & Reserve for Contingency).pdf
144
145
FISCAL YEAR 2017-2018
DATE INTENDED
BCC APPROVED B.A.# AMOUNT BALANCE DESCRIPTION
10/01/17 $450,000.0010/17/17 17-18-002 ($12,790.00) $437,210.00 To adjust the County Commissioner's budget to reflect the increase for Executive Salaries as approved by State.
$437,210.00CONTINUED ON NEXT PAGE
BEGINNING BALANCE
HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS
RESERVE FOR CONTINGENCY ADJUSTMENTS
GENERAL FUND - 005 (9990)
REVISED TOTAL:
146
HIGHLANDS COUNTYCOUNTY COMMISSION AGENDA ITEM
DATE OF ACTION REQUEST: October 17, 2017
PRESENTER: June Fisher, County Administrator
SUBJECT/TITLE: Approval of Budget Amendment 17-18-003 Adjustment to Property Appraiser’sBudget from Reserve for Contingency.
STATEMENT OF ISSUE
The budget amendment is to revise the appropriations for the Property Appraiser to agree with the final budgetapproved by the Department of Revenue. The increase in funding is due to the change in retirement rates and the salaryadjustment for the Property Appraiser. The final number approved by the State was not made available untilSeptember 28, 2017.
RECOMMENDED ACTION
Move to approve budget amendment 17-18-003.
FISCAL IMPACT
This budget amendment is realigning $15,148.00 from cost center 9990 (Budgetary Expenditure 005), account 59900(Reserve for Contingency) to cost center 2211 (Property Appraiser).
Attachments: 17-18-003 Property Appraiser DOR Adjustments (BA & Reserve for Contingency).pdf
147
148
FISCAL YEAR 2017-2018
DATE INTENDED
BCC APPROVED B.A.# AMOUNT BALANCE DESCRIPTION
10/01/17 $450,000.0010/17/17 17-18-002 ($12,790.00) $437,210.00 To adjust the County Commissioner's budget to reflect the increase for Executive Salaries as approved by State.10/17/17 17-18-003 ($15,148.00) $422,062.00 To adjust the Property Appraiser's budget to reflect the DOR adjustments.
$422,062.00CONTINUED ON NEXT PAGE
BEGINNING BALANCE
HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS
RESERVE FOR CONTINGENCY ADJUSTMENTS
GENERAL FUND - 005 (9990)
REVISED TOTAL:
149
HIGHLANDS COUNTYCOUNTY COMMISSION AGENDA ITEM
DATE OF ACTION REQUEST: October 17, 2017
PRESENTER: June Fisher, County Administrator
SUBJECT/TITLE: Request approval of Budget Amendment 17-18-006 for the TransportationDisadvantage Program, adjusting the budget per the new State grant.
STATEMENT OF ISSUE
Each year, the Community Transportation Coordinator for Highlands County (MV Contract Transportation, Inc.),submits their estimated budget request in April before the state grant award is known. The General Manager for MVContract Transportation originally thought the award for July 1, 2017 to June 30, 2018 was going to be less than theprior year's award so they requested the same amount. However, when the State finally did notify MV of the awardamount, there was an increase in the grant, hence the need for this budget amendment.
RECOMMENDED ACTION
Move to approve Budget Amendment 17-18-006 for the Transportation Disadvantage Program.
FISCAL IMPACT
This budget amendment is realigning $4,076.00 from cost center 9990 (Budgetary Expenditures 005), account 59900(Reserve for Contingency) to cost center 5226 (Transportation Disadvantage Program), account 53400 (ContractualServices).
Attachments: 17-18-006 Transportation Disadvantage Adjustment (BA & Reserve for Contingency).pdf
150
151
FISCAL YEAR 2017-2018
DATE INTENDED
BCC APPROVED B.A.# AMOUNT BALANCE DESCRIPTION
10/01/17 $450,000.0010/17/17 17-18-002 ($12,790.00) $437,210.00 To adjust the County Commissioner's budget to reflect the increase for Executive Salaries as approved by State.10/17/17 17-18-003 ($15,148.00) $422,062.00 To adjust the Property Appraiser's budget to reflect the DOR adjustments.10/17/17 17-18-006 ($4,076.00) $417,986.00 To adjust the Transportation Disadvan. budget due to changes to State grant received after agency's budget request.
$417,986.00CONTINUED ON NEXT PAGE
REVISED TOTAL:
BEGINNING BALANCE
HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS
RESERVE FOR CONTINGENCY ADJUSTMENTS
GENERAL FUND - 005 (9990)
152
HIGHLANDS COUNTYCOUNTY COMMISSION AGENDA ITEM
DATE OF ACTION REQUEST: October 17, 2017
PRESENTER: June Fisher, County Administrator
SUBJECT/TITLE: Pending Items/Project Report Update
STATEMENT OF ISSUE
Attached is a copy of the Pending Item/Project Report as of Tuesday, October 10th, 2017.
RECOMMENDED ACTION
This information is being provided for informational purposes
FISCAL IMPACT
No Fiscal Impact.
Attachments:
153
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