December 6, 2010
BOARD OF COUNTY COMMISSIONERS
REGULAR BOARD MEETING
MONDAY, DECEMBER 6, 2010
The Board of County Commissioners in and for Wakulla County, Florida met for a Regular Scheduled Board Meeting on December 6, 2010 with Chairman Mike Stewart presiding. Present were Commissioners Lynn Artz, Alan Brock, Randy Merritt, and Jerry Moore. Also present Interim County Administrator Tim Barden, County Attorney Heather Encinosa and Deputy Clerk Evelyn Evans.
5:00 p.m. Commissioner Stewart opened the regular board meeting with prayer and the pledge of allegiance to the flag.
Chairman Mike Stewart called an Executive Session to discuss settlement and litigation expenditures related to the following pending litigation:
5:03 p.m. The Board at this time went into a closed session pursuant to Section 286.011(8), Florida Statutes. The subject matter of the executive session is the pending litigation in the following matter: Log Creek, L.L.C., et al. v. Howard Kessler, et al., Northern District of Florida Case No. 4:09-cv-401-RH/WCS.
The discussions in this session shall be confined to settlement negotiations and/or strategy relating to litigation expenditures. In attendance at this meeting will be Chairman Mike Stewart, Commissioner Lynn Artz, Commissioner Alan Brock, Commissioner Randy Merritt, Commissioner Jerry Moore, Interim County Administrator Tim Barden, County Attorney Heather Encinosa, Special Counsel Joe Schreiber and a certified court reporter. The Executive Session will last approximately 30 minutes.
6:04 p.m. Commissioner Stewart announced the adjournment of the Executive Session and called the Regular Board Meeting back to order.
APPROVAL OF AGENDA
(CD6:04) Commissioner Brock moved to approve the Agenda with the following changes; Second by Commissioner Merritt and the motion carried unanimously, 5/0.
Commissioner Brock has one announcement under Awards and Presentations;
Commissioner Moore requested to pull his item #24 from the Agenda;
Commissioner Artz has one announcement under Awards and Presentations;
Commissioner Stewart requests to add an announcement regarding Volunteer Fire Departments;
County Attorney requested to pull item #9 from the Consent Agenda for discussion and add Commissioner Appointment for the Log Creek mediation.
PUBLIC HEARING
(CD6:06) 1. Request Board approval to conduct the Public Hearing and adopt the proposed Resolution of Intent to Use the Uniform Method of Collecting Non-Ad Valorem Special Assessments Throughout the Unincorporated Area of the County and Within the Incorporated Areas of the Cities of Sopchoppy and St. Marks, for the Cost of Providing Fire, Solid Waste, Stormwater, Road Maintenance and Improvements, Clean Energy and Wind Resistance Improvements, and Other Neighborhood Improvements, Facilities, and Associated Services
Commissioner Brock moved to conduct the Public Hearing and adopt the Resolution of Intent to Use the Uniform method of Collection for Assessments to fire, solid waste, stormwater, road maintenance and improvements, clean energy and wind resistance improvements, and other neighborhood improvement, facilities, and associated services. Second by Commissioner Artz and the motion carried unanimously, 5/0.
AWARDS AND PRESENTATIONS
(CD6:11) The Historical Society Open House is on Tuesday, December 14, 2010 from 6:00 p.m. to 8:00 p.m.
(CD6:13) Wakulla County Coalition for Youth
Accepting new or nearly new donations for the needy at 4518 Crawfordville Highway or phone the Coalition at 926-3526
(CD6:15) Chief Ward – changes at Volunteer Fire Departments for Station 2 and Station 9, new female chief at Station 2.
(CD6:17) United Way – Request for donations and if you work out of town you can request to direct the funds to Wakulla County. Volunteer Income Tax Assistance Program – for more information dial 211.
(CD6:21) Presentation regarding Area Agency on Aging for North Florida – Frances Pybus
CONSENT AGENDA
Commissioner Brock moved to approve the Consent Agenda minus items 2 and 9 that are pulled for discussion. Second by Commissioner Merritt and the motion carried unanimously, 5/0.
3. Approval of Minutes – November 16, 2010 Special Meeting
Approved
4. Approval of Payment of Bills and Vouchers submitted for November 11, 2010 – December 1, 2010
Approved
5. Request Board approval of a Budget Amendment to transfer funds for the paving of Concord and Bream Fountain Roads
Approve – the Budget Amendment to transfer funds for the paving of Concord and Bream Fountain Roads
6. Request Board approval of a Resolution authorizing the change of name for the Chairman’s signature for the Department of Environmental Protection Small County Solid Waste Grant
Approve – the Resolution authorizing Mike Stewart, Chairman, Board of County Commissioners to sign for the DEP Small County Solid Waste Grant
7. Request Board approval to appoint Planning Commissioners and Alternate Members for District 2 and District 4 and to appoint a Chairman for the Planning Commission for 2011
Approve – to appoint the 2011 Planning Commissioners and Alternate Members for District 2 and District 4 and appoint Mike Falk, Jr. as the Planning Commissioner Chairman for 2011
8. Request Board approval of a Resolution of the Board of County Commissioners of Wakulla County, Florida, requesting Designation and Inclusion in the North Central Rural Area of Critical Economic Concern
Approve – Adopt the Resolution in Support of the Designation of Wakulla County as a Rural Area of Critical Economic Concern
10. Request Board approval of a Resolution re-appointing Members of the Code Enforcement Board
Approve – the Resolution reappointing Members of the Code Enforcement Board
11. Request Board approval of a Lease Agreement between FDOT and Wakulla County to use the right of way along U.S. 98 by the Airport to install fencing
Approve – the Lease Agreement between FDOT and Wakulla County to use Right of Way by the Airport to install fencing
12. Request Board approval to spend 15% of receipts from the Wakulla County Drug Trust Fund
Approve – the WCSO to spend 15% of receipts from the Wakulla County Drug Trust Fund for the support or operation of any drug treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood, or school resource officer program during the Fiscal Year 2010/2011 and each year thereafter
13. Request Board approval for the WCSO to accept the 2010 Edward Byrne Memorial Justice Assistance Grant (JAG) Funds
Approve – Accept the Edward Byrne Memorial Justice Assistance Grant (JAG) Funds to purchase laptops & bullet proof vests for the Public Service Officer Program
27. Request Board acceptance of the State Housing Initiatives Program (SHIP) Annual Reports and Certification
Approve – the State Housing Initiatives Partnership (SHIP) Program Annual Reports and Certification
28. Request Board approval of the SCRAP & SCOP Projects Change Orders to replace existing culverts
Approve – Change Orders for the culvert repairs to be completed with grant monies for the SCRAP and SCOP Projects
CONSENT ITEMS PULLED FOR DISCUSSION
(CD6:24) 2. Approval of Minutes – November 15, 2010 Regular Board Meeting
Commissioner Artz moved to approve the minutes from November 15, 2010 with a correction on item 6 under General Business to reflect a vote of 4/1 with Commissioner Artz voting in opposition. Second by Commissioner Merritt and the motion carried unanimously, 5/0.
(CD6:26) 9. Request Board approval to Award the Request for Proposal #2011-01 for the Forest Health Improvement Initiative to Purple Martin Nurseries and authorize the Chairman to execute the Contract
Commissioner Artz moved to award the bid to Purple Martin Nursery, approve the reduced number of sites and trees, and authorize the Chairman to execute the Contract. Second by Commissioner Brock and the motion carried unanimously, 5/0.
CITIZENS TO BE HEARD
(CD6:27) 1. Howard Kessler – wishing the Board success and asking the citizens to give this Board an opportunity to establish itself and take on the challenges that they are faced with
(CD6:28) 2. Ben Boynton – Has two subdivisions for acceptance of roads and is asking the Board to reconsider their policy on acceptance of roads in subdivisions
PLANNING AND ZONING
(CD6:30) 14. Request for a change of Zoning R10-05 from Agriculture (AG) to Rural Residential (RR-5) on a 51.32+/- acre parcel, located on the west side of Old Bethel Road and across from the Windsong Subdivision. The property owner is Ann Boynton Investment, LLC and the agent is Ben Boynton and Edwin Brown and Associates.
Commissioner Brock moved to conduct the final Public Hearing and adopt the proposed Ordinance amending the Official Zoning Map, amending the Official Zoning from AG (Agriculture) zoning district to RR-5 (Rural Residential) zoning district, based upon the recommendation of staff, the recommendation of the Planning Commission and the findings of fact and conclusions of law made by the board and any evidence submitted at the Hearing hereon. Second by Commissioner Artz and the motion carried unanimously, 5/0.
(CD6:37) 15. Request for a change of Zoning R10-06 from Agriculture (AG) to Rural Residential (RR-5) on a 63.969+/- acre parcel, located on the north side of Zion Hill Road and west of Crawfordville Highway. The property owner is Ben C. Boynton the 1998 Family FLP and the agent is Ben Boynton and Edwin Brown and Associates.
Commissioner Brock moved to conduct the final Public Hearing and adopt the proposed Ordinance amending the Official Zoning Map, amending the Official Zoning from AG (Agriculture) zoning district RR-5 (Rural Residential) zoning district, based upon the recommendation of staff, the recommendation of the Planning Commission and the findings of fact and conclusions of law made by the Board and any evidence submitted at the Hearing hereon. Second by Commissioner Merritt and the motion carried unanimously, 5/0.
GENERAL BUSINESS
(CD6:44) 16. Request Board consideration and authorization to repair Station 8, Crawfordville Volunteer Fire Department, and authorize staff to seek the necessary funding to complete the proposed renovation.
Commissioner Brock moved to authorize staff to repair Station 8, the Crawfordville Volunteer Fire Department according to repair option 2 in the Board materials, and authorize staff to locate and dedicate the necessary funding to complete the proposed renovation. Second by Commissioner Artz and the motion carried unanimously, 5/0.
*loan to be repaid with MSBU funds
(CD6:51) 17. Request Board consideration and approval to purchase an Ambulance and a 4x4 Utility Rescue Vehicle from the State Contract with budgeted Capital Outlay 1-cent Sales Tax Funds.
Commissioner Artz moved to approve to waive the County’s Purchasing Policy and purchase the demonstration Ambulance from Excellance, Inc., as a Single Source Purchase, approve to purchase a 4x4 Utility Rescue Vehicle through the State of Florida’s DMS Vehicle Contract, and authorize the Chairman or Designee to execute all necessary documents related to purchase. Second by Commissioner Brock and the motion carried unanimously, 5/0.
(CD6:54) 18. Request Board approval to direct staff to draft a Comprehensive County-wide Golf Cart Community Ordinance, to include establishing two Golf Cart Communities in the Panacea area.
Commissioner Brock moved to direct staff and the County Attorney’s Office to draft a comprehensive Countywide Golf Cart Community Ordinance, to include establishing two golf cart communities in Panacea area, and authorizes the County Attorney to exceed the 10 hour cap for legal services. Second by Commissioner Artz and the motion carried unanimously, 5/0.
(CD6:59) 19. Request Board ratification of the discussion during the October 7, 2010 Roads Clean Action Plan Committee Workshop and direct staff to proceed with action plans for the 17 recommendations.
Commissioner Merritt moved to approve for discussion, second by Commissioner Moore with all in agreement to discuss each item separately.
(CD6:59) 1. Commissioner Moore moved to accept the first paragraph in recommendation #1, second by Commissioner Merritt and the motion carried unanimously, 5/0.
(CD7:10) 2. Commissioner Merritt moved to approve recommendation #2, second by Commissioner Brock with the motion and second subsequently withdrawn.
(CD7:11) Commissioner Artz moved to draft a Resolution regarding recommendation #2 and bring it back to the Board at a later date, second by Commissioner Merritt and the motion carried unanimously, 5/0.
(CD7:12) 3. Commissioner Merritt moved to approve recommendation #3 with a change to state “encourage all local businesses”, second by Commissioner Moore and the motion carried unanimously, 5/0.
(CD7:14) Commissioner Merritt moved to rescind the action taken on recommendation #1 and #3 and recommendation #2 to stand as approved. Second by Commissioner Brock and the motion carried unanimously, 5/0.
(CD7:22) Commissioner Brock moved for staff to do an analysis and bring recommendations back to the Board. Second by Commissioner Moore and the motion carried unanimously, 5/0.
(CD7:25) 20. Board update on the Big Bend Scenic Byway Project and discussion of 2011-12 National Scenic Byway Program Grant Application; and Request Board approval for Grant submission by the Tourist Development Council and request Board approval for Pledge of Match.
Commissioner Artz moved to approve the Wakulla TDC as grantee and administrator of the 2011-2012 National Scenic Byway Program Grant Application and approve a cash pledge of $25,000.00 over 3 budget cycles. Second by Commissioner Brock and the motion carried unanimously, 5/0.
(CD7:44) 21. Request Board direction on proceeding with the Equestrian Center Project
Commissioner Brock made a motion for Board consideration to move forward with options #2 and #3 as outlined in the Board material, contingent upon receiving written documentation regarding the elimination of state permits on the sewer and a 60 day extension on the Grant if progress is at 50% by the end of April, with authorization for Commissioner Stewart to make the determination whether to proceed with the project or cancel it. Second by Commissioner Artz and the motion carried 4/1 with Commissioner Moore voting in opposition.
(CD8:26) 22. Request Board consideration and direction regarding two scheduled Board Meetings in 2011 and the possibility of re-scheduling due to conflicts with Comcast; and update on 2010/2011 Holiday Schedule.
Commissioner Brock moved to re-schedule the January 18, 2011 and February 22, 2011 meetings to January 24, 2011 and February 28, 2011and approves the 2010/2011 Holiday Schedule. Second by Commissioner Merritt and the motion carried unanimously, 5/0.
COMMISSIONER AGENDA ITEMS
23. COMMISSIONER BROCK
(CD8:31) a. Update to the Board on options for Solid Waste Collection Improvements & Approval to schedule a Workshop.
Commissioner Brock moved to direct staff to schedule a workshop for Thursday, December 16, 2010 at 5:00 p.m. Second by Commissioner Merritt and the motion carried unanimously, 5/0.
24. COMMISSIONER MOORE
a. Request Board approval to direct the County Attorney to proceed with a solution for the Shell Point Boat Ramp – pulled from the Agenda