March 19, 2012
Board of County Commissioners
Regular Board Meeting & Executive Session
Monday, March 19, 2012
The Board of County Commissioners in and for Wakulla County met for an Executive Session and Regular Scheduled Board Meeting on Monday, March 19, 2012 with Chairman Alan Brock presiding. Present were Commissioners Randy Merritt, Lynn Artz, Jerry Moore, and Mike Stewart. Also, present were County Administrator David Edwards, County Attorney Heather Encinosa and Deputy Clerk Evelyn Evans.
EXECUTIVE SESSION
4:00 p.m. Commissioner Brock called the Executive Session to order.
The Wakulla County Commission will conduct a Public Meeting and an Attorney-Client Executive Session to discuss ongoing litigation for the following pending litigation:
Voyles v. Wakulla County, Case No. 4:11-cv-157-SPM-WCS (U.S. District Ct. North Dist. FL).
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 Alan Brock, Vice Chairman Randy Merritt, Commissioner Lynn Artz, Commissioner Mike Stewart, Commissioner Jerry Moore, County Administrator David Edwards, County Attorney Heather Encinosa, Special Counsel Brian Duffy and a certified court reporter. The Executive Session will last approximately 1 hour.
4:54 p.m. The Executive Session concluded and the Board reconvened in an open meeting to consider issues relating to the pending litigation, Voyles, v. Wakulla County.
Commissioner Merritt moved to approve the proposed Settlement Agreement, as it is written and amended in the Shade Session. Second by Commissioner Stewart and the motion carried unanimously, 5/0.
4:55 p.m. Recess until 5:00 p.m.
5:00 p.m. Commissioner Brock called the Regular Board Meeting to order.
Invocation led by Pastor Mike Shockley of The Crawfordville United Methodist Church
Pledge of Allegiance led by Commissioner Brock
APPROVAL OF AGENDA
(CD5:02) Commissioner Merritt moved to approve the Agenda with the following changes/modifications:
Commissioner Merritt requests to pull item #7 from the Consent Agenda for discussion. Second by Commissioner Stewart and the motion carried unanimously, 5/0.
PUBLIC HEARING
(CD5:03) 1. Request Board Approval to Conduct the Public Hearing and Adopt the Proposed Ordinance Amending Section 8-2(1)(q) of the Wakulla County Land Development Code, Relating to Wind Speed Lines
Commissioner Merritt moved to approve to conduct the Public hearing and adopt the proposed ordinance amending section 8-2(1)(q) of the Wakulla County Land Development Code, establishing the County’s wind speed lines. Second by Commissioner Artz and the motion carried unanimously, 5/0.
AWARDS AND PRESENTATIONS
(CD5:09) Announcement of Domestic and Sexual Violence Awareness Month – Kathy Asbell, Refuge House
An event is scheduled at TCC in Crawfordville on April 10, 2012 at 12:30 p.m. and lunch will be provided. Kendra Walker and Michelle Harkness from the child protection team will be the guest speakers.
CONSENT AGENDA
(CD5:10) Commissioner Stewart moved to approve the Consent Agenda with the exception of item #7 that is pulled for discussion. Second by Commissioner Merritt and the motion carried unanimously, 5/0.
2. Approval of Minutes – March 5, 2012 Regular Board Meeting
Approve – Minutes from the Regular Board Meeting on March 5, 20122
3. Approval of Minutes – March 8, 2012 First FY 2012/2013 Budget Development Workshop
Approve – Minutes from the First FY2012/2013 Budget Development Workshop
4. Approval of Payment of Bills and Vouchers Submitted for March 1, 2012 – March 14, 2012
Approve – Payment of Bills and Vouchers submitted for March 1-14, 2012
5. Request Board Approval to Award ITB #2012-06 for Printing Services to the Lowest Bidder
Approve – to award ITB 2012-06 to Pride Enterprises and approve to execute the Purchase Order
6. Request Board Approval for Expenditure of Funds received through State of Florida EMS Matching Grants
Approve – the Resolution and budget amendment allowing the expenditure of grant funds to purchase listed capital items
CONSENT ITEMS PULLED FOR DISCUSSION
(CD5:10) 7. Request Board Approval to Schedule and Advertise Public Hearings to Consider a Text Amendment to Section 5-11 of the Land Development Code, Pertaining to the Threshold for Administrative Approval of Site Plans
Commissioner Merritt moved to approve to schedule and advertise Public Hearings to consider a Text Amendment to Section 5-11 of the Land Development Code, pertaining to the Threshold for Administrative approval of Site Plans. Second by Commissioner Artz for discussion, after discussion she withdrew the second. Commissioner Stewart seconded the motion, with Commissioners Brock, Merritt, and Stewart in favor, Commissioner Artz opposed, and the motion carried, 3/1. Commissioner Moore abstained and filed form 8A Memorandum of Voting Conflict.
GENERAL BUSINESS
8. Request Board Approval to Apply for 2012 Spring E911 Rural County Grant Program Funds – This item has been pulled from the Agenda
(CD5:30) 9. Request Board Acceptance of the Ochlockonee Bay Bike Trail (OBBT) Status Up-date, Approval of Resolution to Pursue Phase 5 Funding Opportunity, and Ratify Agreement Entered into between the Board and the US Department of the Interior
Commissioner Artz moved to accept the OBBT Status Report, approve the Resolution and seek funding from CRPTA and Ratify the Agreement entered into between the Board and the U. S. Department of Interior to accept Phase 4 funding. Second by Commissioner Stewart and the motion carried unanimously, 5/0.
(CD5:37) 10. Request Board Approval of a Resolution Establishing and Appointing Members to the Wakulla 2020 Advisory Committee
Commissioner Merritt moved to approve the Resolution as amended establishing and appointing members to the Wakulla 2020 Advisory Committee. Second by Commissioner Stewart and the motion carried unanimously, 5/0.
*The fifteen members are Pat Jones, Jared Miller, John Shuff, Kevin Vaughn, Jackie Lawhon, Zoe Mansfield, Tim Jordan, Billy Mills, Skip Young, Michael Weltman, Paige Killeen, Andrea Carter, Linda Langston, Byron Carter, and R. H. Carter or his designee.
(CD5:47) 11. Request Board Approval of a MOU between the YMCA and Wakulla County
Commissioner Merritt moved to authorize execution of the Memorandum of Understanding with the YMCA. Second by Commissioner Stewart and the motion carried unanimously, 5/0.
(CD5:51) 12. Request Board Approval of the Community Center Conceptual Master Plan and Approve Task Order for Preble-Rish to Perform Architectural and Engineering Design
Commissioner Artz moved to approve the Community Center Conceptual Floor Plan and approve the Preble-Rish Task Order to perform Architectural and Engineering Design. Second by Commissioner Merritt and the motion carried unanimously, 5/0.
(CD5:56) 22. Request Board Approval to submit a Grant Application to the Department of Environmental Protection, Recreational Trails Program for a Recreational Multi-Use Path Planned for the Wakulla County Community Center
Commissioner Artz moved to approve submittal of a grant application for Recreational Trails Program (RTP) Grant Funding. Second by Commissioner Merritt with Commissioners Brock, Artz, Moore, and Merritt in favor, Commissioner Moore opposed, and the motion carried, 4/1.
13. Request Board Approval to Proceed with New Wakulla County Sheriff’s Annex and Approval of Preble-Rish Task Order to Perform Engineering Design – This item has been tabled to the 4/2/12 Board Meeting
(CD6:01) 14. Request Board Approval of a Resolution Amending Park and Recreation Fees
Commissioner Merritt moved to approve the Resolution revising Parks and Recreation Fee Schedule. Second by Commissioner Stewart and the motion carried unanimously, 5/0.
(CD6:13) 15. Request Board Approval to Amend the Stormwater Review Process and Approve a Resolution Amending Resolution #2009-17 Regarding Fees for Stormwater Review
Commissioner Merritt moved to approve to Eliminate Third Party Stormwater Reviews and approve the Proposed Resolution amending Fees for Stormwater Review. Second by Commissioner Stewart and the motion carried, 4/0. Commissioner Moore abstained and filed form 8A Memorandum of Voting Conflict.
(CD6:23) 16. Request Board Direction Regarding Process for Modifying Enterprise Zone Boundaries
Commissioner Artz moved to direct staff and the County Attorney’s Office to develop options to consider for amending the Enterprise Zone boundaries. Second by Commissioner Stewart and the motion carried, 4/0. Commissioner Moore abstained and filed form 8A Memorandum of Voting Conflict.
CITIZENS TO BE HEARD
(CD6:39) 1. John Shuff – expressed his thanks to the Board for a quick conclusion in selecting Members for the 2020 Advisory Committee, and he will move forward on setting the first meeting up.
(CD6:39) 2. Mary Cortese – League of Women’s Voters will meet at the Library on Thursday at 7:00 p.m. This is Women’s History month and they will show a movie called Iron Jawed Angels.
(CD6:40) 3. Dana Peck – Enterprise Zones and Wetlands Variances
She spoke about property that has been cleared in order to sell for an Airport extension. The property is in the wetlands and the concern is the devastating impacts that will occur if the property is allowed to be filled in. It will diminish sea and wild life in the area, degrade the quality and harmony of the area, and decrease property values along Surf Road.
17. Request Board Appoint a Second Commissioner to Serve on the Small County Coalition – This item has been tabled to the 4/2/12 Board Meeting
(CD6:43) 18. Request Board Approval of the Amended Personnel Policy
Commissioner Merritt moved to approve the revised Wakulla County Personnel Policy and Procedures Manual to be effective immediately. Second by Commissioner Stewart and the motion carried unanimously, 5/0.
COMMISSIONER AGENDA ITEMS
(CD6:47) 19. COMMISSIONER ARTZ
a. Request Approval to Direct the County Attorney to Strengthen the County Noise Ordinance
Commissioner Artz moved to direct the County Attorney to propose improvements to the County’s Noise Ordinance. Second by Commissioner Stewart and the motion carried unanimously, 5/0.
(CD7:01) 20. COMMISSIONER MERRITT
a. Request Board Approval to direct staff to amend the Wakulla County Wetland Ordinance to allow Variances in the entire Wetland Buffer and Approval to advertise a Public Hearing to consider adopting the Ordinance
Commissioner Merritt moved to direct staff to work on a Comp Plan amendment and a provision in the Wetlands Ordinance to allow Variances in the Wetland Buffer. Motion dies for lack of second.
(CD7:09) 21. COMMISSIONER BROCK
a. Request Board Approval to schedule a Children Services Council Workshop
Commissioner Stewart moved to approve to schedule a Workshop for April 12, 2012 at 5:00 p.m. to learn more about Children Services Council. Second by Commissioner Merritt and the motion carried unanimously, 5/0.
COUNTY ATTORNEY - 0
COUNTY ADMINISTRATOR
(CD7:11) 23. Ratification of Letter to the Governor requesting to Veto HB5301 relating to Medicaid Services
Commissioner Artz moved to ratify the letter to Governor Scott regarding Medicaid Services. Second by Commissioner Stewart and the motion carried unanimously, 5/0.
DISCUSSION ISSUES BY COMMISSIONERS
(CD7:12) COMMISSIONER STEWART – discussion regarding the proposed changes to the Wetlands Ordinance. Commissioner Merritt will bring this item back on a future agenda for discussion.
(CD7:23) COMMISSIONER MERRITT – He is going to check on the status of the Accessory and Marine uses on Vacant Lots.
(CD7:24) COMMISSIONER BROCK – announced that there is Volunteer Income Tax Assistance at the Library on Thursday and Saturday.
(CD7:24) COMMISSIONER MOORE – He attended a meeting with the County Administrator and County Departments and he wanted to compliment them on their cooperation and working together so well.
(CD7:25) COMMISSIONER ARTZ – (1) the budget workshop and the court decision regarding the pay back of the 3% retirement to employees. She inquired as to whether the County would need to set up a fund in order to start saving money in case there is a pay back. Mr. Barden replied that the money was paid to the State so the County should not have to pay anything back.
(CD7:27) (2) Status on The Farm calming devices – Commissioner Artz and Cleve Fleming attended a meeting with The Farm Homeowners Association. A vote was taken and most of the people are not in support of the traffic calming devices.
The County Administrator announced that Old Shell Point Road is finished and stop signs have been installed.
There being no further business to come before the Board, Commissioner Stewart moved to adjourn; second by Commissioner Merritt and the motion carried unanimously, 5/0.
7:30 p.m. meeting concluded.
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