The Regular Board Meeting of the Wakulla County Board of County Comissioner's was called to order at 6:00 p.m. by Chairman Maxie Lawhon. 

Chairman Lawhon  thanked everyone for all their prayers, calls, and flowers following his heart attack earlier this month.    He remarked that it was good to be back, and stated that he will be having heart surgery on February 15th and will probably miss several meetings afterwards.

County Administrator Parrish Barwick gave the invocation, followed by the reciting of the pledge.

APPROVAL OF AGENDA

Commissioner Kessler said that another workshop date needed to be set to discuss the administrator’s contract.  A date of February 6 at 5:00 p.m. was decided upon.

Commissioner Brimner added the Annie’s Crossing/Century Park stop work order issue to the agenda.

Commissioner Kessler added the need for discussion on the barge canal in Panacea.

He also asked to split the Consent Agenda to move the American Red Cross Proclamation away from the Bills and Vouchers.  He also stated that he would like to read a communication from City Commissioner Debbie Lightsey of Leon County.

Attorney Ron Mowrey asked the Board to consider adopting the agreement with Leon County regarding the NG Wade overall settlement and the interlocal agreement with the city of Leon County.

Attorney Mowrey also asked the Board to confirm that the county has retained Bob Nabors as an expert in some of our litigation.

County Administrator Barwick asked to add an item regarding the Property Appraiser's office  budget appeal.

Commissioner Vause motion to approve the minutes.

Commissioner Langston second.

Motion passed 5 -0.

CONSENT AGENDA
        
Bills and Vouchers

Commissioner Langston motion to approve the bills and vouchers.

Commissioner Vause second.

Motion passed 4 - 1; Commissioner Kessler opposed.

Proclamation on American Red Cross Disaster Resistance Neighborhoods

Commissioner Kessler motion to approve the proclamation for Disaster Resistance Neighborhoods by the American Red Cross.

Commissioner Vause second.

Motion passed 5-0.

GENERAL BUSINESS

Property Appraisers Budget Appeal Issue

County Administrator Parrish Barwick asked the Board to address this issue so that it could be put it to rest.  He stated that there was an issue with some items, including a vehicle and insurance, that were being looked at being purchased.  Barwick stated that he needed to purchase a vehicle for use in the maintenance department.  He added that Property Appraiser Ahrendt has a vehicle that she would be willing to turn back to Wakulla County in trade for the funds that would assist her with purchasing a new vehicle.  Barwick stated that the Board could use her traded vehicle in the maintenance department. 

Barwick stated that a covered vehicle is necessary for use in the maintenance department.   He added that the vehicles now being used are more than 10 years old and in bad repair.

Barwick stated that he would like the $15,000 for the vehicle to be left in the Property Appraiser's budget as this would allow the vehicle from the Property Appraisers office to be transferred to the Board, which could then be utilized within the maintenance department.  "Either way I am going to have to spend the money to purchase a vehicle for the maintenance department and this could be an opportunity to cover two issues at one time," stated Barwick.  "This leaves the issue of the insurance money.  I am bringing this to you for direction."

Chairman Lawhon stated that he would like to see the budget approved with the changes.

Commissioner Brimner said that we basically are taking a seven year old vehicle in exchange for a new one for the Property Appraiser's office.

Brad Harvey with the Property Appraiser's office stated that there were two vehicles in the Property Appraiser's office that they had planned to surplus in exchange for a new vehicle. 

Chairman Lawhon stated that he had tried to come to an agreement with the Property Appraiser's office and was not able to.  He said he had received a call from the Department of Revenue stating that they were going talk with our Property Appraiser's office one more time and try to come to an agreement.   They told Chairman Lawhon what they would like to see done in the form of a letter, and Chairman Lawhon added that all the commissioners had seen the letter.  Chairman Lawhon stated that he would like to approve the budget and get it done.

Motion by Commissioner Kessler to approve the agreement and budget with the changes brought forward by County Administrator Parrish Barwick.

Commissioner Vause second.

Commissioner Langston excused himself from the vote due to his employment by Department of Revenue.

Motion passed 4-0; Commissioner Langston abstained.


Songbird Subdivision Final Acceptance
 
The roadways and drainage systems in Songbird subdivision have been inspected.  The Public Works Department recommends final acceptance of the roadways for public maintenance.

Commissioner Kessler motion to approve final acceptance of the roadways for public management.

Bob Montelier, Vice President of the Songbird Homeowners Association, stated that there has been some interest by the Songbird homeowners in taking ownership of the road.  He asked to have the issue postponed or tabled for 30 days.  He stated that the officers need to go before the homeowners for more discussion.  He stated that they also need to look at figures in terms of increasing  dues so that they can insure that there will be enough money to pay for repaving of the roads as well as maintening them as time goes on.

Second Commissioner Langston.

After some discussion, Commissioner Kessler withdrew his motion.

Motion by Commissioner Brimner to table for one month.

Second Commissioner Kessler.

Motion passed 5 - 0.

Solid Waste Tipping Fee Resolution

Due to the Wakulla County Landfill being at capacity it is necessary to close  the Class III landfill and combine most waste streams as Class I waste.  This essentially means that any debris delivered to the landfill will be placed with household garbage and transferred to the Springhill Landfill.  Tipping fees are set by resolution and combining the waste streams requires a change in fees.  The resolution is being presented for adoption.

Commissioner Brimner motion to adopt resolution to change tipping fees effective February 1, 2006.
 
Second Commissioner Kessler.

Motion passed 5 - 0.


Veolia Request for Workshop for Contract Renewal to be Rescheduled

The Veolia contract renewal workshop is currently scheduled for February 19th.  Due to the fact that several key people cannot attend on the 19th, they have requested that the workshop date be changed.

County Administrator Parrish Barwick stated that we have until October.  We have already sent PSG a letter of nonrenewal telling them the contract would not be renewed as written.

Commissioner Kessler motion to eliminate the February 19 meeting.

Second Commissioner Langston.

Motion passed 5 - 0.

Commissioner Brimner motion to reschedule meeting for April 3 at 5:00 p.m.

Second Commissioner Langston

Motion passed 5-0

Commissioner Lawhon stated he would try to be there.


House Bill 15B Tax Discount for Counties Declared an Emergency by the Federal Government

In December 2005 Governor Jeb Bush signed into law legislation that allows citizens who are residents of counties that have been declared disaster areas by the federal government as a result of hurricane impacts to receive an extension of their normal discount periods.  This law House Bill 15B allows for the extension of the discount  periods normally provided to the citizens.  Without this new law citizens would normally get a 4% discount if they paid their property tax bill in November 2005, a 3% discount if they paid in December, and a 2% discount if they paid in January 2006.  The new law allows for a 4% discount if paid by January 31, 2006, 3% by the end of February 2006 and 2% if paid by the end of March 2006.  In order for the citizens to receive this discount  extension, the county in which they live must pass an ordinance to allow for these extensions.

Commissioner Kessler stated that there are two versions of the bill.  One version states that all Wakulla County citizens would receive the extension.  The other version states that only those residents who received damage from the hurricane would receive the extension.

Commissioner Kessler motion to approve the first version of the bill, which allows all Wakulla County residents to receive the discount..

Commissioner Langston second.

Commissioner Kessler stated that this first version would be simpler for the tax collector's office to handle.

Chairman Lawhon stated that it might put an undue burden on the tax collector's office and that it probably wouldn't benefit that many people as many people had already paid their taxes this year.

Commissioner Brimner stated that the county had already helped those who had suffered damage by supplying debris removal.  He stated that the county had already spent quite a bit of money on the issue, and that he had serious concerns with this first version of the bill.

Commissioner Kessler removed his first motion.

Commissioner Kessler made a motion to approve the second version of the bill, which states that only those residents who received damage from the hurricanes would receive a discount.

Chairman Lawhon stated that he had the same concerns with this version that he had with the first version.

Motion failed 4 - 1; Commissioner Kessler opposed.

 
COUNTY ATTORNEY
   
Interlocal Agreement with Leon County on the NG Wade Settlement Agreement

Leon County will be recommending approval of the agreement as will the attorney.

Commissioner Langston motion to approve agreement.

Commissioner Vause second.

Bob Routa, the attorney representing NG Wade, stated that the person who was most instrumental in this was Donna Biggens.  He reported that she has negotiated with the Leon County attorney Mr. Bailey; she took a tough stance and Leon County decided it was time to quit litigating and become cooperative. 

Routa added that some things needed to be clarified.  "As part of the stipulated settlement agreement, there are county-wide studies required," stated Routa.  "There is a county-wide traffic study that is needed.  The net effect of this agreement was to put a moratorium in effect on comprehensive plan amendments  along the Woodville Highway pending a study, but that study is county-wide and addresses most of the major roads in this county.  There is a deadline set for June 30 for this to be delivered, similarly with the residential needs analysis."  He added that he will come before the Board at a future meeting on behalf of the Chamber of Commerce.  "The Chamber of Commerce felt that it was important that economic development not come to a halt in this county due to a lack of these studies," stated Routa.  "The chamber has underwritten the two studies that are currently underway, and we will be back in touch with you as this is part of the public/private partnership the Chamber has had with you all these many years to try to solve economic developent issues."

Routa added that as to the specifics of the development and NG Wade, the agreement says that Wakulla County will study or cause to be studied issues such as internal capture, which is the responsibility of the developer.  "I think this represents a new era in cooperation between the two counties," said Routa.  "This was a major sticking point in the way it is written.  Even Leon County has agreed to share information about their developments with us and that’s a first."

Wakulla County citizen Chuck Hess stated that he feels the NG Wade development seems to be the "fair haired" development for Wakulla county.  "I am concerned about the expense of it," said Hess.. "Who will pay for schools and road development?  All of  these things needs to be addressed, and should be addressed right up front."

Wakulla County resident Vic Lambeau stated that he has read the agreement.  He urged the Board not to approve it for several reasons.  "This has come up very quickly and the public has not had the time to review it and comment on it.  I don’t know if the traffic anaylsis will be done in time."  Lambeau also stated that he didn't see where the agreement required the developer to pay his fair share of the cost.   Lambeau felt that the agreement does not address any analysis on how the development will effect Wakulla County, only Leon County.   "Why aren’t we requiring analysis of how Wakulla county will be impacted?" stated Lambeau.  "I live on that road; it will impact me.  I think before you approve this you should have this out for review and look at it very carefully, because you may do something you do not realize you're doing.".

Wakulla County citizen John Trice urged the Board to approve the agreement.  "They are building houses on the other side of the county left and right," said Trice.  "This is the only one that’s offered to give us any land for a fire station and I think they have offered land for a school.  If this thing gets approved and gets going it will help Wakulla County.  We need another school because the school we have now is overrun."

Commissioner Kessler stated that he had read the document and did not think it was ready for the Board to take action on it.  He stated that he was concerned about how it will effect Wakulla county and its finances.

Chairman Lawhon stated that Wakulla County had not agreed to pay for anything and he didn't see where Wakulla County would be required to pay for anything.

Commissioner Kessler argued that the agreement says Wakulla County is responsible.  "It looks like we are on the hook and not the developer," said Kessler.  "The document has contradictions in it at this time; I do not think it is a finished document.".

Commissioner Lawhon stated that he felt the document had not been rushed.

Motion passed 4 - 1; Commissioner Kessler opposed.

Commissioner mentioned that no motion had been made earlier about the change of the administrator's contract workshop date.  Commissioner Brimner made a motion that the administrator's contract workshop be held February 6 at 5:00 p.m.

Commissioner Vause second.

Motion passed 5 – 0.

COMMISSIONER’S ITEMS

Commissioner Brimner

Commissioner Brimner stated that at the last Board meeting he brought a motion to put a stop work order on Annie’s Crossing (or Century Park).  The property in question is located next to the Gulf State Bank, and was clear cut with the exception of a few scrub oaks, according to Commissioner Brimner.  "Following last week the developer and engineer came and talked I believe to all the commissioners," stated Brimner.  "They have agreed that on the state right of way they are going to plant 29 live oak trees (on their own property), 280 buffer shrubs as a screen, and 21 red maple trees on the inside roads of this development.  The developer has agreed that each of these oaks wil be in a 45 gallon container which will be pretty good sized trees.  Not shrubs, but trees.  This agreement is well beyond any requirements that our county ordinances would have required." 

Commissioner Brimner then made a motion to lift the stop work order and allow the work to continue.

Commissioner Vause second.

Chairman Lawhon commented that the plan was already in place for the trees mentioned by Commissioner Brimner to be part of the development before the stop work order was issued.  He wanted to clarify that planting the oaks, buffer shrubs, and red maples was not a deal that had just been agreed to because of the stop work order.  He also congratulated Mr. Steve Brown on his plan.

Wakulla County citizen Chuck Hess stated that he and other citizens were concerned about the clear cut.  "Now that he (Brown) is going to follow through with his plan you are just going to forget about it," said Hess.  "There was an ordinance to protect some of the trees that were on the property; it seems like they are getting a free ride."

Chairman Lawhon stated that there were no trees on the property that were protected by the ordinance before it was cleared.

Commissioner Brimner said he agreed with Lawhon that there were not pretty trees on the property before.  His concern was that the developer and engineers did not use the correct process.

Chairman Lawhon commented that the county had no grounds to put a stop work order on the property because no rules had been broken.

Chuck Hess commented that he thought there were some old trees on the site, but added that he had never walked it, so he could not be positive.

Kathy Shirah stated that they had located 10 trees in excess of 18 inches in diameter on the site.  She noted that she should have filed the landscape plan prior to starting work on the site.  She stated that she was going to make a contribution to Keep Wakulla County Beautiful to be used for landscaping public areas in Wakulla County in retribution for her error.

Commissioner Kessler stated that he felt the plan was very good, but the plan was what the developer wanted to do.  He added that it was not a mitigation plan, but  a plan that was intended as part of the development from the beginning.  He added that himself and Kathy Shirah know how important it is to protect Wakulla County and what keeps it beautiful.  He commented that the mitigation must be between the county and the developer, and he felt that large trees were lost on the site in question.  He added that we must make the message clear that destroying Wakulla County's beauty is not acceptable.  "I think that is the major point the Board needs to consider," said Commissioner Kessler.

Commissioner Langston stated that he looked forward to seeing the live oaks planted on the site.

Commissioner Vause second.

Motion passed 4 - 1; Commissioner Kessler opposed.

Mr. Steve Brown, developer of the site in question, stated that this was the first development he had ever done, and that he really did not understand all the procedures.   He stated that he has now done all that the county required for a final plat approval, and asked when he can expect to have the final plat approved.

County Administrator Barwick stated that the item will need to be advertised and brought back to the next County Commission meeting in February, approximately 14 days.

Commissioner Brimner brought up one other item that he had not added to the agenda dealing with county procedures on how we recover funds from the Northwood Subdivision.  He stated that there were some funds that needed to be billed for and asked that the Board agree to have the county administrator explain the correct procedures for doing this.

Commissioner Kessler

Commissioner stated that he had been getting calls from citizens who were concerned about the low water in the barge canal in Panacea.Water is low this time of year.  He stated that some of the oystermen are having a hard time trying to get out to work.

Pam Portwood stated that the county had just gotten a notice of intent from the Department of Transportation to issue a permit, and that we should get it within the next three weeks.  It was stated that that there will be some  improvements made to the boat ramp and other issues of that nature.

Commissioner Kessler stated that the county had received a letter from Tallahassee City Commissioner Debbie Lightsey in response to the resolution passed at the January 3 meeting concerning the Southeast sprayfield and Wakulla Springs.  In it she expressed concern that they were not given any notice that this was going to take place and had no opportunity to discuss the issue.  She noted that the City of Tallahassee has a stong environmental record and shares our concerns about Wakulla Springs.  She stated that all sources of pollution must be considered, including septic tanks.  She ended by saying that it is essential that our local governments work together in good faith.

Commissioner Kessler stated that this comment was an individual response from Commissioner Lightsey.

Maxie commented that the Leon County City Commissioners were aware of what was going on with the resolution.

Commissioner Brimner suggested that the Board invite the Leon County City Commissioners down for a joint meeting.  "We are joined at the hip, so it would be good if we build a working relationship with them," stated Commissioner Brimner.  "I think this is a cry to do something like what we did with the Leon County Board (of County Commissioners).  It  is something we need to think about."

Commissioner Lawhon stated that we (Wakulla County) had had many battles with the City of Tallahassee in the past and felt Wakulla County had been snubbed by them.

APPROVAL OF MINUTES

January 3, 2006 Contract Workshop
    
January 3, 2006 Board of County Commissioners Meeting

Commissioner Kessler made a motion to approve the minutes.

Motion was seconded and passed 5 - 0.
   
MEETING ADJOURNED

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