Board of County Commissioners - Wakulla County, Florida



Board of County Commissioners

Date: Wednesday, October 22, 2008

To: Honorable Chairman and Members of the Board

From: Benjamin H. Pingree, County Administrator

Subject: Follow-up to County Commission Meeting October 20, 2008

1. CONFIDENTIAL COUNTY ATTORNEY-CLIENT MEETING

In accordance with Chapter 286.011(8), Florida Statutes, the Board of County Commissioners will hold a confidential meeting commencing at approximately 5:00 p.m. on October 20, 2008 for approximately One (1) hour, to discuss the below described pending litigation. Those in attendance will be each member of the Board of County Commissioners, Chairman Edward E. Brimner, Vice Chairman Howard Kessler, Brian P. Langston, George Green, and Maxie Lawhon, County Attorney Ronald A. Mowrey and Stephen E. Mitchell of Mowrey & Mitchell, P.A., County Administrator Ben Pingree and an official Court Reporter.

Wakulla County Circuit Court Case #03-93-CA; RANDOLPH NELSON and MARY L.

NELSON, his wife; WILLIE J. JACKSON and JOSEPHINE C. JACKSON, his wife; and C.A. HARRISON METCALF and YVONNE P. METCALF, his wife, individually and on behalf of a class of all other similarly situated, Plaintiffs v. WAKULLA COUNTY, FLORIDA, a political subdivision of the State of Florida, Defendant;

Wakulla County Circuit Court Case #07-70-CA; ROBERT D. SNYDER, M.D., P.A., Plaintiff, v. WAKULLA COUNTY, FLORIDA (a political subdivision of the State of Florida), Defendant; and

Wakulla County Circuit Court Case #08-102-CA; MADELEINE HIRSIGER CARR, Plaintiff v. WAKULLA COUNTY BOARD OF COUNTY COMMISSIONERS, Defendant.

The Board, County Attorney and County Administrator met at 5:30p.m. to discuss pending litigation for 30 minutes in closed session.

Invocation

Elder Gavin from Piney Grove Baptist Church

Pledge of Allegiance

Commissioner Lawhon

Approval of Agenda

Commissioner Lawhon made a motion to approve the Agenda with the following add-on items and changes; Commissioner Langston seconded and the motion passed 5/0.

▪ Commissioner Green has an add-on item under Commissioner Agenda Items;

▪ Tab #10 was pulled from the Agenda;

▪ County Administrator has an add-on under his time on the Agenda.

Awards and Presentations

Proposed Home Rule Charter – Benjamin Pingree, County Administrator

Benjamin Pingree, County Administrator gave a brief presentation to educate the citizens of the Proposed Home Rule Charter that will be on the November 4, 2008 General Election Ballot. For more information on the Proposed Home Rule Charter please check out the County website at or you can contact the County Administrator at 926-0919 or via e-mail benpingree@

(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.)

Consent

Commissioner Langston made a motion to approve the Consent Agenda; Commissioner Green seconded and the motion passed 5/0.

2. Approval of Minutes – October 6, 2008 Regular Meeting

(Brent X. Thurmond, Clerk of Court)

The Board approved Option #1 – Approve the October 6, 2008 Regular Board Meeting Minutes.

3. Approval of Minutes – October 6, 2008 Workshop To Discuss Paving of Forest Road #13

(Brent X. Thurmond, Clerk of Court)

The Board approved Option #1 – Approve the October 6, 2008 Workshop Minutes to Discuss Paving of Forest Road #13.

4. Approval of Payment of Bills and Vouchers Submitted for October 2, 2008 – October 15, 2008

(Brent X. Thurmond, Clerk of Court)

The Board approved Option #1 – Approve the payment of Bills and Vouchers submitted for October 2, 2008 – October 15, 2008.

5. Request Board Approval of the Tuition and Travel Expense to Attend the Florida Association of Counties 2009 Legislative Conference

(Commissioner Kessler)

The Board approved Option #1 – Approve the registration and travel expense for Commissioner Kessler for the FAC 2009 Legislative Conference.

6. Presentation of the Community Rating System Annual Progress Report for Board Acceptance

(Lindsay Stevens, Assistant County Administrator)

The Board approved Option #1 – Accept the Community Rating System Annual Program Report.

7. Request Approval of Road Closing for Wakulla County Christian Coalition Black History Celebration and Parade

(Benjamin Pingree, County Administrator)

The Board approved Option #1 – Approve the request for road closure from Myrtle Avenue to Arran Road on February 21, 2009 from 11:00a.m. – 12:00p.m. for the 4th Annual Black History Parade.

15. Request for Board Approval of a Resolution to Accept the Small County Road Assistant Program (SCRAP) Grant Funds and Authorize the Chairman to Execute the Contract

(Cleve Fleming, Public Works Director)

The Board approved Option #1 – Approve the Resolution to accept the SCRAP Grant Funds in the amount of $593,069 and authorize the Chairman to execute the Contract with FDOT.

Consent Items Pulled for Discussion

Citizens to be Heard

Hugh Taylor addressed the Board with his concerns of needed change for Wakulla County.

Chuck Hess addressed the Board with his concerns of Planning & Zoning items being approved along Highway 319.

Dana Peck addressed the Board regarding the rights of citizens speaking out at Board Meetings and asked the Board to conduct business for all citizens.

Paul Johnson addressed the Board regarding the Chamber of Commerce being opposed to the Proposed Charter and his concerns of the Charter.

Dalinda Vause addressed the Board regarding being opposed to the Proposed Charter and her concerns with the timing of the Charter.

Billy Pigott addressed the Board regarding being opposed to the Proposed Charter.

Susan Payne Turner addressed the Board regarding being opposed to the Proposed Charter and her concerns of the citizens not knowing what the impact will be in the future.

Chuck Turner addressed the Board regarding being opposed to the Proposed Charter and his concerns of the Charter.

Planning and Zoning

8. Application for Change of Zoning and Preliminary Plat R08-07 & PP08-02

Request to rezone a 586.45+/- acre parcel from AG (Agriculture), RR-1 (Semi Rural Residential) and PUD (Planned Unit Development) to PUD (Planned Unit Development). This property is located on the north and south of Commerce Boulevard, west of Woodville Highway. The owners are N. G. Wade Investment Company, Winco Utilities, Inc., and Wakulla County BOCC. The agent is Robert Routa.

The Board conducted the first of two public hearings to consider adoption of the proposed Ordinance amending the Official Zoning Map, with conditions amending the Official Zoning Map from AG (Agriculture), RR-1 (Semi-Rural Residential) and PUD (Planned Unit Development) zoning district to PUD zoning district.

9. Application to Adopt the Capital Improvements Element Text Amendment to the Comprehensive Plan, CP08-05

Commissioner Lawhon made a motion to adopt the proposed Capital Improvements Element Text Amendment CP08-05; Commissioner Langston seconded and the motion passed 5/0.

General Business

18. Request Board Approval to Declare the Expenses Related to the Printing and Distribution of the Charter County Brochure to Serve as a Public Purpose

(Jennifer Langston, Special Projects Coordinator)

Commissioner Kessler made a motion to declare the expenses related to the printing and distribution of the Charter County Brochure to serve as a public purpose; Commissioner Green seconded. After discussion, the motion failed 3/2.

10. Request Board Approval to Spend Funds from the Wakulla County Drug Trust Fund

(Sheriff David Harvey)

This item was pulled from the Agenda.

11. Ratification of the Board Actions Taken at the September 22, 2008 Workshop to Discuss the Proposed Comprehensive Sewer Ordinance

(Dale Dransfield, Eutaw Consultant)

Commissioner Lawhon made a motion to ratify the discussions and presentations taken at the September 22, 2008 Workshop on the Proposed Comprehensive Sewer Ordinance in order to provide staff direction, ESG and Eutaw Utilities to further improve the existing wastewater treatment system as quickly as possible; Commissioner Green seconded and the motion passed 5/0.

(Dale Dransfield, Eutaw Utilities)

(Lindsay Stevens, Assistant County Administrator)

(Cleve Fleming, Public Works Director)

12. Ratification of the October 6, 2008 Workshop Regarding Paving of Forest Road #13

(Jennifer Langston, Special Projects Coordinator)

Commissioner Lawhon made a motion to ratify the information presented at the October 6, 2008 Workshop regarding Paving of Forest Road #13; Commissioner Langston seconded and the motion passed 5/0.

13. Request Board Approval to Advertise to Amend Florida Municipal Code Chapter 23 Parks and Recreation Ordinance

(Ray Gray, Parks & Recreation Director)

Commissioner Green made a motion to approve the Parks and Recreation Department to advertise to amend Florida Municipal Code Chapter 23 Parks and Recreation Ordinance (Ord. No. 94-1, & 1, 1-3-94; Ord. No. 94-37, & 1, 10-2-94); Commissioner Langston seconded and the motion passed 5/0.

(Ray Gray, Parks & Recreation Director)

16. Request Board Approval to Accept Quote for Asphalt Overlay and New Paving at Courthouse and BOCC Building

(Cleve Fleming, Public Works Director)

Commissioner Green made a motion to approve the proposed parking area site plans and allow Peavy and Sons Construction to proceed with asphalt overlay/surfacing at the Courthouse and BOCC Building; Commissioner Langston seconded and the motion passed 5/0.

17. Request Board Approval of a One (1) Year Contract for Networking Services with Inspired Technologies, Inc.

(Tim Barden, Assistant County Administrator)

Commissioner Langston made a motion to approve the Agreement awarding a one (1) year contract to Inspired Technologies, Inc. and authorized the Chairman to execute the agreement; Commissioner Kessler seconded and the motion passed 5/0.

Commissioner Agenda Items

14. Commissioner Kessler

a) Request Board Approval to Adopt a Resolution Supporting the Proposed Changes to the Consultant’s Competitive Negotiation Act

Commissioner Kessler made a motion to approve a Resolution supporting the proposed changes to the Consultant’s Competitive Negotiation Act; Commissioner Green seconded and the motion passed 5/0.

b) Request Board Approval to Schedule Workshops for New Incoming BOCC for November 24th, 25th, 26th

Commissioner Kessler made a motion to approve advertising Workshops for the new incoming BOCC Commissioners. After discussion, Commissioner Kessler withdrew his motion and tabled this item for staff to bring back to the November 17, 2008 Board Meeting.

(Jessica Welch, Office of Policy & Public Information)

Add-On Commissioner Green made a motion requesting to rescind the action from the October 6, 2008 Board Meeting where the Board approved to cancel the November 3, 2008 Board Meeting. After discussion, the motion failed 3/2.

Commissioner Green made a motion to direct staff to bring back an agenda item regarding the process of hooking up to sewer to help educate the citizens and builders in Wakulla Gardens; Commissioner Kessler seconded and the motion passed 5/0.

(Dale Dransfield, Eutaw Utilities)

(Lindsay Stevens, Assistant County Administrator)

(Cleve Fleming, Public Works Director)

County Attorney

County Administrator

Add-On The County Administrator asked the Board to consider holding a Swearing-In Ceremony for the new Commissioners on November 18, 2008 at 12:00p.m. at the Old Courthouse. In addition, Judge Walker has confirmed her presence to conduct the swearing-in of the new Commissioners . After discussion, the Board agreed for staff to advertise the Ceremony.

(Jessica Welch, Office of Policy & Public Information)

(Jennifer Langston, Special Projects Coordinator)

Add-On The County Administrator apprised the Board and citizens with a overview of the issues that have taken place at Rock Landing.

Discussion Issues by Commissioners

Commissioner Kessler – Town Hall Meeting

Commissioner Kessler announced his next Town Hall Meeting to be held on November 25, 2008 from 7:00p.m. – 9:00p.m. at the Commission Chambers, 29 Arran Rd. All citizens are invited and encouraged to attend.

Commissioner Langston directed staff to work with the Community Traffic Safety Team regarding speeding issues on Kajer Posey Road.

(Cleve Fleming, Public Works Director)

Commissioner Langston directed staff to work with EMS to look into an off-road ambulance or other alternative for the citizens in Smith Creek with EMS needs.

(Fran Councill, EMS Director)

Adjourn

The meeting adjourned at 8:45p.m.

The next Board of County Commissioners Meeting is scheduled for

Monday, November 17, 2008 at 6:00 p.m.

| | | | | | | | | |

| |January 2008 - December 2008 | | |

|October 2008 |Monday 20 |6:00 P.M. |Regular Board |

|November 2008 |Monday 17 |6:00 P.M. |Regular Board |

| |Monday 17 |6:00 P.M. |Public Hearing: Amend Section 5-7 of the Wakulla County Code, Which|

| | | |Addresses the Approval Process for Certain Temporary Uses |

| |Tuesday 18 |12:00Noon |Swearing-In Ceremony for Newly Elected Commissioners (Old |

| | | |Courthouse, Chamber of Commerce) |

|December 2008 |Monday 1 |6:00 P.M. |Regular Board |

| |Monday 8 |12:00Noon – 4:00P.M. |Board Retreat – Wakulla Springs Lodge, |

| | | |Dogwood Conference Room |

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