Board of County Commissioners

Regular Public Meeting Agenda

September 20, 2010 Page 6

Board of County Commissioners

Date: Friday, October 22, 2010

To: Honorable Chairman and Members of the Board

From: Benjamin H. Pingree, County Administrator

Subject: Follow-Up to County Commission Meeting September 20, 2010

Attorney-Client Executive Session – 4:00 p.m.

Attorney-Client Executive Session was called to order at 4:00 p.m. in the County Commission Chambers located at 29 Arran Road, Suite 101, Crawfordville, Florida to discuss ongoing litigation.

The Board went into a closed session pursuant to Section 286.011(8), Florida Statutes. The subject matter of the executive session is the proposed settlement in the following matter: Ronald F. Crum v. Wakulla County.

The discussions in the session shall be confined to settlement negotiations and/or strategy relating to litigation expenditures. The session was recorded by a certified court reporter. The meeting was attended by Chairman Howard Kessler, Commissioner Lynn Artz, Commissioner Alan Brock, Commissioner George Green, Commissioner Mike Stewart, County Administrator Benjamin Pingree, County Attorney Heather Encinosa, Assistant County Attorney Greg Stewart and a certified court reporter.

Following the closed session, the Board reconvened in open session so that the Board may consider general issues relating to the pending litigation and the Chair may announce the termination of the executive session.

The Executive Session concluded and the general session was called back to order at 4:24p.m. The Board took a recess and reconvened at 5:00p.m.

Invocation

Commissioner Green

Pledge of Allegiance

Commissioner Kessler

Approval of Agenda:

(The Chairman and members of the Board will approve and/or modify the official agenda at this time).

Commissioner Stewart made a motion to approve the Agenda with the following revisions and additions; Commissioner Brock seconded and the motion passed 5/0:

§  Commissioner Artz has an add-on announcement;

§  Commissioner Kessler added a Presentation by Erica Morse regarding Coastal Clean-Up;

§  Commissioner Brock has an add-on announcement;

§  County Attorney has a discussion item regarding the upcoming Solid Waste Workshop, an announcement regarding the Fire Protection Assessment and related Hardship Assistance, and requested to remove Tab #17 from the Agenda;

§  County Administrator has a discussion item regarding the USDA negotiations for the grant loan and will seek direction from the Board.

Public Hearing

(Public Hearings are held as required to receive public comments on matters of special importance or as prescribed by law. Public Hearings shall be heard at 5:00pm, or soon thereafter. Individual speakers are encouraged to adhere to a three (3) minute time limit. The Chairman has the discretion to either extend or reduce time limits, based on the number of speakers).

1. Request Board Approval to Conduct the Second of Two Public Hearings to Adopt the Final FY2010/2011 Budget and Millage Rate

(Tim Barden, Assistant County Administrator)

This is the second of two required public hearings on the Wakulla County Budget for Fiscal Year 2010/2011. The County Administrator read the Millage rate into the public record.

COUNTY ADMINISTRATOR

The proposed Board of County Commissioners of Wakulla County Final Countywide Millage rate is 8.7500 mills, which is 5.79% less than the countywide rolled-back Millage rate of 9.2875 mills.

Commissioner Stewart made a motion to conduct the public hearing; Commissioner Artz seconded and the motion passed 5/0.

Commissioner Brock made a motion to close the Public Hearing; Commissioner Stewart seconded and the motion passed 5/0.

CHAIRMAN

Florida Statues requires the Board to address the Millage rate before addressing the budget.

The Board must vote on the Millage rate and the budget separately. Commissioner Kessler entertained the following motions:

Commissioner Stewart made a motion to approve the Board of County Commissioners FY 2010/2011 Final Countywide Millage rate of 8.75 mills; Commissioner Brock seconded and the motion passed 3/2.

Commissioner Brock made a motion to approve the Board of County Commissioners FY 2010/2011 Final Countywide Budget of $51,072,647 as presented by the Administrator on July 15, 2010 and as amended through the agenda process today; Commissioner Stewart seconded; however, Commissioners Artz, Kessler and Green voted in opposition and the motion failed, 2/3.

The Chairman passed the gavel and made the following motion:

Commissioner Kessler made a motion to cut the Sheriff’s Office budget by 5%, that the paid firefighters go back into the general fund, make the volunteer firefighters whole, and the four OPS staff from Parks & Recreation sharing $17,000.00 be added back into the Budget; Commissioner Artz seconded for discussion, but subsequently withdrew the second because she did not agree with moving the paid firefighter salaries back into the general fund; therefore, the motion died.

Commissioner Artz made a motion to restore the funding of $17,000 for four OPS staff that collect revenues for Parks and Recreation with the savings recognized by cutting electric & fuel costs across all County Departments. All departments will need to track fuel and energy usage on a regular basis; Commissioner Kessler passed the gavel and seconded; the motion passed 4/1.

Commissioner Green made a motion to approve the Board of County Commissioners FY 2010/2011 Final Countywide Budget of $51,072,647 as presented by the Administrator on July 15, 2010 as amended through the agenda process today; Commissioner Stewart seconded and the motion passed 3/2.

2. Request Board Approval to Conduct the Public Hearing and Adopt the Proposed Ordinance Amending Section 6.010.2, Wakulla County Code of Ordinances Pertaining to Appeals from Decisions Made by the Wakulla County Division of Animal Control

(Scott McDermid, Public Safety Director)

Commissioner Artz made a motion to conduct the public hearing and adopt the proposed Ordinance amending Section 6.010.2, Wakulla County Code of Ordinances pertaining to appeals from the decisions made by the Wakulla County Division of Animal Control; Commissioner Brock second and the motion passed 5/0.

3. Request Board Approval to Conduct a Public Hearing to Allow Citizen Input on the Application to the Florida Recreation Development Assistance Program (FRDAP)

(Eva Thorpe, OMB Analyst)

Commissioner Artz made a motion to conduct the public hearing to allow citizen input on the grant application to the Florida Recreation Development Assistance Program (FRDAP); Commissioner Green seconded and the motion passed 5/0.

In addition, Commissioner Artz made a motion that the County and Florida Foresight meet with Florida Communities Trust to look at the possibility of refining or looking at ways to improve the conceptual plan, with Commissioner Artz as the Board representative; Commissioner Stewart seconded and the motion passed 5/0.

(Tim Barden, Assistant County Administrator)

(Eva Thorpe, OMB Analyst)

Citizens to be Heard

(Citizens will be heard between 6:30p.m. and 7:00p.m., or if the meeting concludes prior to 6:30p.m. or 7:00p.m. citizens will then be heard at the end of the meeting where applicable. Three (3) minute time limit; non-discussion by Commission; there shall be no debate and no action by the Commission).

Randy Denker, Esq. addressed the Board on behalf of Wakulla Watchdogs.

Bob Danzey addressed the Board with his concerns of the Wetlands Application Fee.

Renee Calhoun addressed the Board with her concerns of items on the Agenda that have not been linked to the County website for citizen review.

Steve Calhoun approached the Board regarding concerns on County issues and believes the Board has been making progress.

Dana Peck addressed the Board with her concerns of ongoing mismanagement in the Weatherization Program, no-bid contracts, and Commissioners priorities.

Awards and Presentations

(Members of the Board will have the opportunity to acknowledge members of the community or commendable efforts at this time. Presentations will be made from individuals concerning issue of importance).

Ongoing Study Re: Onsite Sewage Treatment and Disposal & Management Options/Wakulla Springs – Commissioner Kessler

Commissioner Kessler announced he has been attending regular meetings on this issue and that the public should start seeing publications soon.

Economic Impact of the Oil Disaster on Panacea Businesses – Panacea Business Community

Paige Killean addressed the Board regarding the Panacea Business Community’s issue with their BP Claims not getting processed. Ms. Killean requested that the Board become involved to help the Coastal Communities and be an advocate for the County.

Erica Morse with Keep Wakulla County Beautiful announced Coastal Clean-Up Day to be held on Saturday, September 25, 2010 at 8:30a.m. All citizens are invited and encouraged to participate in volunteering at any five sites.

The Wakulla Environmental Institute – Commissioner Kessler

Commissioner Kessler announced the County’s upcoming college canvas, The Wakulla Environmental Institute, and applauded the Wakulla Expo for donating the property.

Commissioner Kessler announced and invited citizens to attend a Presentation by Representative Leonard Bembry at the Wakulla County Public Library on September 28, 2010 at 10:30p.m.

Commissioner Kessler announced a food pantry being held at Winn Dixie every Sunday in the month of October at 2:30p.m. – 5:00p.m.

Announcement of CRTPA Community Meetings for the Southern Woodville Highway Corridor Study – Lindsay Stevens

Lindsay Stevens announced that CRTPA will be conducting community meetings regarding the Southern Woodville Highway Corridor Study. The first meeting will be held on September 21, 2010 at 5:30p.m. – 8:30p.m. at the Woodville Community Center, 8000 Old Woodville Rd.

Commissioner Brock thanked the Big Brothers and Big Sisters of the Big Bend for distributing school supplies to the local schools.

Commissioner Artz announced Rally for the Coast Events being held on October 23, 2010 and October 30, 2010.

Commissioner Artz announced the Wakulla County Health Department will be having their next Flu Shot Clinic on Wednesday, September 29, 2010 at 2:00p.m. – 4:00p.m.

(To ensure fairness and encourage participation, citizens who would like to speak on any item will need to fill out a speaker’s card and turn in to Ms. Welch prior to the beginning of discussion on that particular item. Citizens are allowed a maximum of 3 minutes to speak. In the event a citizen requests to donate their 3 minutes to another citizen, the citizen must obtain approval from the Chairman prior to the date of the meeting and is at the Chairman’s discretion).

Consent

(All items contained herein may be voted on with one motion. Consent items are considered to be routine in nature, are typically non-controversial and do not deviate from past Board direction or policy. However, any Commissioner, the County Administrator, or the County Attorney may withdraw an item from the consent agenda, either in writing prior to the meeting, or at the beginning of the meeting and it shall then be voted on individually. Every effort shall be made to provide such a request to the Chairman at least 24 hours before the meeting).

Commissioner Stewart made a motion to approve the Consent Agenda with Tabs #15 and #16 being pulled for discussion; Commissioner Green seconded and the motion passed 5/0.

4. Approval of Minutes – September 2, 2010 Special Meeting

(Brent X. Thurmond, Clerk of Court)

The Board approved Option #1 – Approve the September 2, 2010 Special Meeting Minutes.

5. Approval of Minutes – September 7, 2010 Regular Board Meeting

(Brent X. Thurmond, Clerk of Court)

The Board approved Option #1 – Approve the September 7, 2010 Regular Board Meeting Minutes.

6. Approval of Minutes – September 9, 2010 Public Hearings to Consider Approving the Fire and Solid Waste Special Assessments

(Brent X. Thurmond, Clerk of Court)

The Board approved Option #1 – Approve the September 9, 2010 Public Hearings Minutes regarding the Fire and Solid Waste Special Assessments.

7. Approval of Payment of Bills and Vouchers Submitted for September 2, 2010 – September 15, 2010

(Brent X. Thurmond, Clerk of Court)

The Board approved Option #1 – Approve the Bills and Vouchers submitted for September 2, 2010 – September 15, 2010.

8. Request Board Approval of a Resolution Accepting a Corrective Quit Claim Deed for Smith Creek Volunteer Fire Department Property

(Heather Encinosa, County Attorney)

The Board approved Option #1 – Approve the Resolution accepting the corrective quit claim deed for the Smith Creek Volunteer Fire Department property.

9. Request Board Approval of the 2011 Board of County Commissioners Meeting Calendar (Jessica Welch, Policy & Public Information Coordinator)

The Board approved Option #1 – Approve the 2011 Board of County Commissioners Meeting Calendar.

10. Request Board Review and Approval of the Modification of Agreement Between Florida Department of Community Affairs and Wakulla County BOCC for an Increase in Weatherization Assistance Program Allocation of $171,149.00

(Alfred Nelson, Housing Director)

The Board approved Option #1 – Approve the Modification of Agreement between the Florida Department of Community Affairs and Wakulla County for an increase in Weatherization Assistance Program Allocation of $171,149.00.

11. Request Board Approval of a Resolution to Accept Funding from the Florida Department of Transportation (FDOT) for Phase III Funding of the Ochlocknee Bay Bike Trail and Authorize the Chairman to Execute a Local Agency Program Agreement (LAP) Between Wakulla County and FDOT for the Preliminary Engineering and Construction of Phase III; and Request Approval to Submit an Application for Federal Assistance to the U.S. Department of Interior, Fish and Wildlife Service for Construction of Phase IV

(Tim Barden, Assistant County Administrator)

The Board approved Option #1 – Approve the Resolution accepting funding from the Florida Department of Transportation for Phase III Funding of the Ochlocknee Bay Bike Trail and authorize the Chairman to execute a Local Agency Program Agreement between Wakulla County and FDOT for the preliminary engineering and construction of Phase III, and approve to submit an application for federal assistance to the U.S. Department of Interior, Fish and Wildlife Service for construction of Phase IV.

12. Request Board Approval to Submit FY2010-2011 State Aid to Libraries Grant Application

(Scott Joyner, Library)

The Board approved Option #1 – Approve to submit the FY2010-2011 State Aid to Libraries Grant Application.

13. Request Board Approval to Accept the Transfer of Ownership of the Wilderness Coast Public Libraries Bookmobile to Wakulla County

(Scott Joyner, Library)

The Board approved Option #1 – Accept the transfer of ownership of the Wilderness Coast Public Libraries Bookmobile to Wakulla County.

14. Request Board Approval to Schedule a Public Hearing to Consider an Ordinance Concerning Execution and Satisfaction of Code Enforcement Liens