Wakulla County, Florida Agendamywakulla.com/document_center/May_2__2011_BOCC_Agenda.pdf · Wakulla County, Florida Agenda Regular Public Meeting Monday, May 2, 2011 Invocation ...

Board of County Commissioners Wakulla County, Florida

Agenda Regular Public Meeting Monday, May 2, 2011

Invocation Pledge of Allegiance Commissioner Stewart Approval of Agenda: (The Chairman and members of the Board will approve and/or modify the official agenda at this time). 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 Public Hearing and Approve the Acquisition of Property

Necessary for Easements for the Wakulla Gardens Sewer and WWTP Upgrade Projects (Eutaw Utilities) 2. Request Board Approval to Conduct the Public Hearing and Consider Adopting an Ordinance

Amending Sections of Ordinance #11-02 Concerning Property Maintenance (Jaime Baze, Code Enforcement) 3. Request Board Approval to Conduct the Public Hearing and Adopt the Ordinance Amending

Sections 2.256 and 2.259 of the County Code, Regarding the County’s Purchasing Code (Heather Encinosa, County Attorney)

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). Recognition of Doug Jones, Public Services Director

(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.

Board of County Commissioners Regular Public Meeting Agenda May 2, 2011 Page 2 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).

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). 4. Approval of Minutes – April 18, 2011 Regular Board Meeting

(Brent X. Thurmond, Clerk of Court) 5. Approval of Minutes – April 13, 2011 Special Board Meeting

(Brent X. Thurmond, Clerk of Court) 6. Approval of Payment of Bills and Vouchers Submitted for April 14, 2011 – April 27, 2011

(Brent X. Thurmond, Clerk of Court) 7. Request Board Approval of a Resolution Approving the Wakulla County Local Mitigation Strategy

(Scott Nelson, Emergency Management Director, WCSO) 8. Request Board Approval of the 2011 Service of Process Agreement Between Wakulla County and

The Department of Revenue (Tim Barden, Interim County Administrator) 9. Request Board Approval of the Bidding Procedure for the State Housing Initiatives Partnership

(SHIP) Rehabilitation Program (Lindsay Stevens, Assistant County Administrator) 10. Request Board Approval of Revisions to the Local Housing Assistance Plan (LHAP) for the State

Housing Initiatives Partnership (SHIP) Program (Lindsay Stevens, Assistant County Administrator) 11. Request Board Approval to Exercise the Buyback Option on the John Deere 650J Crawler Dozier

and Approve the Budget Amendment for the 2 Cents Sales Tax Account (Cleve Fleming, Public Works Director) 12. Request Board Approval of a Joint Resolution of the Coastal Counties of the Northwest Florida

Panhandle Region, Relating to the Deepwater Horizon Oil Spill (Jennifer Langston, Special Projects Coordinator) 13. Request Board Approval of the Proposed Wakulla County Sensitive Information Policy (Heather Encinosa, County Attorney) 14. Request Board Acceptance of County Population and Millage Rate to Qualify for Reduced Permit

Application Fees for FDEP and NWFWMD (Alan Wise, Project Manager, Preble-Rish)

Board of County Commissioners Regular Public Meeting Agenda May 2, 2011 Page 3

Consent Items Pulled for Discussion (Members requesting further information on items placed under “Consent Agenda,” may withdraw those items and place them here, for further discussion).

Planning and Zoning

(Members will be provided with planning and zoning amendment requests five (5) business days prior to the scheduled meeting. To the maximum extent possible, all support information and documentation for P&Z items shall be made available through a variety of means including the County website that will provide the public with the greatest opportunity to review documentation at the date of advertisement pursuant to Resolution No. 04-43. “In accordance with Sec. 24.01 of County Code, for all quasi- judicial proceedings each Commission member must disclose all contact received from interested parties and/or their representatives, lobbyists, or any other third parties concerning any application and any personal investigation or knowledge being relied upon during the consideration of any quasi-judicial planning and zoning matters”.) General Business (General Business items are items of a general nature that require Board directions or pertain to Board policy 15. Request Board Direction Regarding Scheduling and Advertising a Public Hearing to Approve

Placement of Traffic Calming Devices on Pixie Circle (Cleve Fleming, Public Works Director)

16. Request Board Approval of the Initial Assessment Resolution for Solid Waste Management and Disposal

(Tim Barden, Interim County Administrator)

17. Request Board Approval for Government Services Group (GSG) to Update the Tax Roll and Prepare Mailing First Class Notices for the Solid Waste Special Assessment

(Tim Barden, Interim County Administrator) 18. Request Board Approval of Top Three County Administrator Candidates for Group Interviews (Debbie DuBose, OMB Coordinator)

Commissioner Agenda Items

(Items with supporting documentation shall be provided by a Commissioner to the County Administrator three (3) business days prior to the scheduled meeting. Items that are agendaed by Commissioners and fail to gain approval may not be replaced on the agenda by a Commissioner on the non-prevailing side for a period of six (6) months without approval of the Chairman unless there is substantive new information to present). 19. Commissioner Artz –

a. Recycling Task Force Update & Reorganization b. Grant Applications


County Attorney (County Attorney items are items of a legal nature that require Board direction or represent general information to Board Members, staff or the public).

20. Request Legal Representation in BP Oil Spill Claims

County Administrator

(County Administrator items are items that require Board direction or represent general information to Board Members, staff or the public).

Discussion Issues by Commissioners (The purpose of this section is for Commissioners to request staff action on various issues, including scheduling of a future agenda item for later Board action, based on the approval of a majority of the Board. No assignments or request for agenda items shall be given to the County Administrator or County Attorney without the express approval of the majority of the Board. The Board shall take no policy action without an agenda item unless such is accomplished through a unanimous vote of the Board. The remarks of each Commissioner during his or her “discussion items” shall adhere to Robert Rules of Order, for proper decorum and civility as enforced by the Chairman.

Adjourn (Any departure from the order of business set forth in the official agenda shall be made only upon majority vote of the members of the Commission present at the meeting).

The next Board of County Commissioners Meeting is scheduled for Monday, May 16, 2011 at 5:00 p.m.

Board of County Commissioners Regular Public Meeting Agenda

Page 5 May 2, 2011

Regular Board Meeting and Holiday Schedule January 2011 – December 2011

January 2011 February 2011 March 2011 S M T W Th F Sa S M T W Th F Sa S M T W Th F Sa 1 1 2 3 4 5 1 2 3 4 5

2 3 4 5 6 7 8 6 7 8 9 10 11 12 6 7 8 9 10 11 12

9 10 11 12 13 14 15 13 14 15 16 17 18 19 13 14 15 16 17 18 19

16 17 18 19 20 21 22 20 21 22 23 24 25 26 20 21 22 23 24 25 26

23 24 25 26 27 28 29 27 28 27 28 29 30 31

30 31

April 2011 May 2011 June 2011 S M T W Th F Sa S M T W Th F Sa S M T W Th F Sa 1 2 1 2 3 4 5 6 7 1 2 3 4

3 4 5 6 7 8 9 8 9 10 11 12 13 14 5 6 7 8 9 10 11

10 11 12 13 14 15 16 15 16 17 18 19 20 21 12 13 14 15 16 17 18

17 18 19 20 21 22 23 22 23 24 25 26 27 28 19 20 21 22 23 24 25

24 25 26 27 28 29 30 29 30 31 26 27 28 29 30

July 2011 August 2011 September 2011 S M T W Th F Sa S M T W Th F Sa S M T W Th F Sa 1 2 1 2 3 4 5 6 1 2 3

3 4 5 6 7 8 9 7 8 9 10 11 12 13 4 5 6 7 8 9 10

10 11 12 13 14 15 16 14 15 16 17 18 19 20 11 12 13 14 15 16 17

17 18 19 20 21 22 23 21 22 23 24 25 26 27 18 19 20 21 22 23 24

24 25 26 27 28 29 30 28 29 30 31 25 26 27 28 29 30

31

October 2011 November 2011 December 2011

S M T W Th F Sa S M T W Th F Sa S M T W Th F Sa 1 1 2 3 4 5 1 2 3

2 3 4 5 6 7 8 6 7 8 9 10 11 12 4 5 6 7 8 9 10

9 10 11 12 13 14 15 13 14 15 16 17 18 19 11 12 13 14 15 16 17

16 17 18 19 20 21 22 20 21 22 23 24 25 26 18 19 20 21 22 23 24

23 24 25 26 27 28 29 27 28 29 30 25 26 27 28 29 30 31

30 31

Regular Board Meeting Workshops

Special Meeting Office Closure (Furlough Days)

Holiday


PUBLIC NOTICE

2011 Tentative Schedule All Workshops, Meetings, and Public Hearings are subject to change

All sessions are held in the Commission Chambers, 29 Arran Road, Suite 101, Crawfordville, FL. Workshops are scheduled as needed.

Month Day Time Meeting Type

May 2011 Monday, 2 5:00 P.M. Regular Board Meeting

Thursday, 5 5:00 P.M. Workshop(s): 2nd FY2011/12 Budget Development

Workshop To Discuss the Road/Street Improvement

Acceptance Criteria of the LDC

Monday, 16 5:00 P.M. Regular Board Meeting

June 2011 Monday, 6 5:00 P.M. Regular Board Meeting

Thursday, 6 5:00 P.M. Workshop(s): To Review Community Center Draft

Conceptual Plan and Community Input To Discuss the Comp Plan Related to

Wetlands and Treatment of Sanitary Sewage


Thursday, 23 5:00 P.M. 3rd FY2011/12 Budget Development Workshop

July 2011 Monday, 18 5:00 P.M. Regular Board Meeting

Thursday, 21 5:00 P.M. Tentative Workshop: To Discuss Implementing a Blue Print 2000

Type Effort in Wakulla County

August 2011 Monday, 1 5:00 P.M. Regular Board Meeting

Thursday, 4 5:00 P.M. Workshop(s): 4th FY2011/12 Budget Development

Workshop


Board of County Commissioners Agenda Request

Date of Meeting: May 2, 2011 Date Submitted: April 15, 2011 To: Honorable Chairman and Members of the Board

From: Timothy P. Barden, Interim County Administrator

Dale Dransfield, Eutaw Consultant

Subject: Request Board Approval to Conduct the Public Hearing and Approve the Acquisition of Property Necessary for Easements for the Wakulla Gardens Sewer and WWTP Upgrade Projects

Statement of Issue: This agenda item requests Board approval to approve the acquisition of property necessary for easements for the Wakulla Gardens Sewer and WWTP upgrade projects. Background: In the approved Wakulla County Wastewater Facilities Plan, it was demonstrated that a number of parcels of land would either need to be acquired outright or an easement across such parcels would need to be purchased in order for the sewer collection system in Wakulla Gardens to be constructed. Willing sellers of needed parcels have been identified and contracts have been signed, contingent on Board approval of those contracts. At the April 7, 2008 Board Meeting, recommendations were made concerning the procedure for procuring the necessary parcels of land in the Wakulla Gardens Subdivision for use in constructing the necessary infrastructure to accommodate the sewer collection system in Wakulla Gardens. A 5/0 vote approved the recommended proposed procurement procedure. That procedure has been followed and the Board is being asked to approve the purchase of selected sites which currently have land purchase contracts and are slated for closing on or before May 31, 2011 pending Board approval. This public hearing was advertised in the Wakulla News on March 24, 2011 as well as the County website. Analysis: The parcels being considered have been examined by the consulting engineers, Eutaw Utilities, Inc. and found to be necessary to accommodate the designed collection system in Wakulla Gardens. Blue Water Realty Group has negotiated the best price possible for the purchase of these properties. The total amount to be paid for two lots is $11,000.00; Lot 21 & 22, Block 6, Unit 1 = $11,000.00 (Attachment #1)

Agenda Request: Request Board Approval to Conduct the Public Hearing and Approve the Acquisition of Property Necessary for Easements for the Wakulla Gardens Sewer and WWTP Upgrade Projects May 2, 2011 Page 2 Staff is recommending approval to purchase the parcels currently under contract in order for the sewer collection system in Wakulla Gardens to be constructed. Budgetary Impact: Monies from the 2007/2008 legislative appropriation to the County have been earmarked to be used to acquire these properties. The total purchase amount is $11,000. Options: 1. Conduct the public hearing and approve the acquisition of the parcels of land (Lot 21 & 22,

Block 6, Unit 1) in Wakulla Gardens. 2. Conduct the public hearing and do not approve the acquisition of the parcels of land (Lot 21

& 22, Block 6, Unit 1) in Wakulla Gardens. 3. Board Direction. Recommendation: Option #1 Attachment #1: 1. Contract of Sale: Lot 21 & 22, Block 6, Unit 1 2. Map of lots showing location. 3. Letter from Eutaw regarding lots.

NAVAJO

KIOWA

COMANCHE

00-00-035-008-06836-000

00-00-035-008-06858-000

00-00-035-008-06800-000

00-00-035-008-06781-000

±1 inch equals 75 feet

This proposal is to purchase Parcel ID # 0-00-035-008-06836-000for easement purposes associated with the Wakulla Gardens sewer project.This parcel, along with the parcel immediately behind it, will connect the gravity sewer lines on Navajo St. and Comanche St.



From: Timothy Barden, Interim County Administrator

Lindsay Stevens, Assistant County Administrator

Frank Baxter, Building Official

Jaime Baze, Code Enforcement Office

Subject: Request Board Approval to Conduct the Public Hearing and Consider Adopting the Proposed Ordinance Amending the Property Maintenance Code, Ordinance No. 2011-02

Statement of Issue: This agenda item requests Board approval to conduct the public hearing and consider adopting the proposed ordinance amending the Property Maintenance Code, Ordinance No. 2011-02 (Attachment #1). Background: On February 28, 2011, the Board adopted a Property Maintenance Code Ordinance providing for minimum standards for property and structures located in Wakulla County. Upon further review, the County Attorney’s Office identified a few minor modifications needed to clarify certain provisions of the ordinance pertaining to application of Article 3 of the Ordinance (the Property Maintenance Code) and Article 5 (relating to Dangerous Structures). On April 4, 2011 the Board approved staff to schedule a public hearing to consider amending Ordinance No. 2011-02, the Property Maintenance Code. The notice of public hearing was advertised in the Wakulla News on April 14, 2011 as well as the County website. Analysis: This item requests that the Board conduct the public hearing and consider adopting the proposed ordinance amending the Wakulla County Property Maintenance Code. At the public hearing on consideration of approval of the Property Maintenance Code, the Board agreed that Article 3 of the Ordinance, providing minimum property standards, should apply only to commercial properties and to residential properties not occupied by their owner. Upon review of the section as originally drafted, the County Attorney’s Office noted that it might not be entirely clear as to which properties the article applies. The proposed revision in Section 1 of the proposed Ordinance clarifies that Article 3 of the Ordinance does not apply to owner-occupied dwelling units, but rather that it only applies to commercial property and to residential properties that are not occupied by the owner.

Agenda Request: Request Board Approval to Conduct the Public Hearing and Consider Adopting the Proposed Ordinance Amending the Property Maintenance Code, Ordinance No. 2011-02 May 2, 2011 Page 2 Section 2 of the proposed Ordinance clarifies the procedures relating to dangerous structures that do not rise to the level of requiring emergency action by code enforcement due to the presence of an imminent danger. Budgetary Impact: None. Options: 1. Conduct the Public Hearing and Adopt the Proposed Ordinance Amending the Property

Maintenance Code. 2. Conduct the Public Hearing and Do Not Adopt the Proposed Ordinance Amending the

Property Maintenance Code. 3. Board direction. Recommendation: Option #1 Attachment(s): 1. Proposed Ordinance Amending Property Maintenance Code LS/FB/JB

ORDINANCE NO. 2011-__

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF WAKULLA COUNTY, FLORIDA AMENDING SECTIONS 3.01 AND 5.01 OF WAKUKLLA COUNTY ORDINANCE NO. 2011-02 CONCERNING PROPERTY MAINTENANCE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF

WAKULLA COUNTY, FLORIDA:

Section 1. Amendment of Section 3.01 of Wakulla County Ordinance No.

2011-02. The Board of County Commissioners hereby amends Section 3.01 of Wakulla

County Ordinance No. 2011-02 concerning property maintenance, as follows:

Section 3.01. Adoption of Code.

(A) The Board hereby adopts this Property Maintenance Code to

address matters relating to Structures located within Wakulla County and

their adjacent exterior real property that present a threat to the public

health, safety, or welfare, including, but not limited to, those conditions

that are dangerous or unsanitary.

(B) Notwithstanding the other provisions of this Ordinance, this

Article shall not apply to owner-occupied Dwelling Units, but rather shall

only apply to commercial property and non-owner occupied Dwelling

Unitscomprise the minimum standards for and the responsibilities of

Owners and Occupants for maintenance of non-owner occupied Property,

including all Structures and equipment located thereon.

(underlined words are additions, striken words are deleted)

1

Section 2. Amendment of Section 5.01 of Wakulla County Ordinance No.

2011-02. The Board of County Commissioners hereby amends Section 5.01 of Wakulla

County Ordinance No. 2011-02 concerning dangerous structures, as follows:

Section 5.01. Dangerous Structures

(A) When a Structure or equipment is found by the appropriate

Code Official to be unsafe, unfit for human Occupancy, or unlawful

pursuant to the provisions of a County ordinance, the Florida Statutes, the

Florida Building Code, the Florida Fire Prevention Code, the Florida Life

Safety Code, or other applicable code, and any local amendments thereto,

such Structure or equipment shall be Condemned, and either demolished

or repaired.

(B) An unsafe Structure is one that is found by the appropriate

Code Official to be dangerous to the life, health, Property or safety of the

public or the Occupants of the Structure by not providing minimum

safeguards to protect or warn Occupants in the event of fire, or because

such Structure contains unsafe equipment or is so damaged, decayed,

dilapidated, structurally unsafe, or of such faulty construction or unstable

foundation, that partial or complete collapse is possible.

(C) Unsafe equipment includes any boiler, heating equipment,

elevator, moving stairway, electrical wiring or device, flammable liquid

containers or other equipment located in a Structure or on real property

which is in such a state of disrepair or condition that it poses a hazard to

2

the life, health, Property or safety of the public or Occupants of the

Property, as determined by the appropriate Code Official.

(D) A Structure is unfit for human Occupancy whenever the

Code Official finds that constitutes a hazard to its Occupants of the

Structure or to the public due to its location or to the degree to which it is

in disrepair or lacks maintenance, is insanitary, Infested by pests, contains

filth and contamination, contains unsafe equipment, or lacks Ventilation,

illumination, sanitary or heating facilities or other essential equipment

required by this Ordinance.

(E) An unlawful Structure is one found in whole or in part to be

occupied by more Persons than permitted by law or one that was erected

or altered or is occupied in a manner contrary to law.

(F) For the purpose of this code, any Structure that has any or

all of the conditions or defects described below shall be considered

dangerous:

(1) A door, aisle, passageway, stairway, exit or other

means of egress that does not conform to the Florida Building

Code, the Florida Fire Prevention Code, or the Florida Life Safety

Code as related to the requirements for existing buildings.

(2) A walking surface of any aisle, passageway, stairway,

exit or other means of egress is so warped, worn loose, torn or

otherwise unsafe as to not provide safe and adequate means of

egress.

3

(3) Damage caused by fire, earthquake, wind, flood,

deterioration, Neglect, abandonment, vandalism or by any other

cause to such an extent that it is likely to partially or completely

collapse, or to become detached or dislodged.

(4) Any portion of a Structure or appurtenance that of

insufficient strength or stability, or is not so anchored, attached or

fastened in place so as to be capable of resisting natural or artificial

loads of one and one-half the original designed value.

(5) Any portion of a Structure that, because of

dilapidation, deterioration, decay, or faulty construction, the removal

or movement of some portion of the ground necessary for the

support, or for any other reason, is likely to partially or completely

collapse, or some portion of the foundation or underpinning of the

Structure is likely to fail or give way.

(6) A Structure, or any portion thereof, that is unsafe for

its use and Occupancy.

(7) A Structure that is Neglected, damaged, dilapidated,

unsecured or abandoned so as to become an attractive nuisance,

become a harbor for vagrants or criminals, or enable Persons to

resort to the Structure for committing a nuisance or an unlawful act.

(8) Any Structure that has been constructed, exists, or is

maintained in violation of any specific requirement or prohibition

applicable to such Structure provided by any Wakulla County

4

Ordinance or Florida law to such an extent as to present either a

substantial risk of fire, building collapse or any other threat to life

and safety.

(9) A Structure used or intended to be used for dwelling

purposes that because of inadequate maintenance, dilapidation,

decay, damage, faulty construction or arrangement, inadequate

light, Ventilation, mechanical or plumbing system, or otherwise, is

determined by the Code Official to be unsanitary, unfit for human

habitation or in such a condition that is likely to cause sickness or

disease.

(10) Any Structure which, because of a lack of sufficient or

proper fire-resistance-rated construction, fire protection systems,

electrical system, fuel connections, mechanical system, plumbing

system or other cause, is determined by the Code Official to be a

threat to life or health.

(11) Any portion of a Structure remaining on a site after

the demolition or destruction of the Structure, or any Structure

abandoned so as to constitute an attractive nuisance or hazard to

the public.

(G) The Code Official shall have the authority to authorize

disconnection of utility service to any Structure regulated by this

Ordinance and the referenced codes and standards set forth herein in

case of emergency where necessary to eliminate an immediate hazard to

5

life or Property or when such utility connection has been made without

approval. The Code Official shall notify the serving utility and, whenever

possible, the Owner and Occupant of the Structure of the decision to

disconnect prior to taking such action. If not notified prior to disconnection

the Owner or Occupant of the Structure shall be notified in writing as soon

as practical thereafter.

(H) If a Structure is vacant and unsafe, unlawful, or unfit for

human habitation and Occupancy, and does not pose an Imminent

Dangeris not in danger of structural collapse, the Code Official is

authorized to post an order of Condemnation and notice of violation on the

Property and order the Structure secured so as not to be an attractive

nuisance.

(I) The order of Condemnation and notice of violation shall

further specify what actions must be taken by the Owner to secure the

Structure, Property, or equipment that has been deemed unsafe by the

Code Official including, but not limited to, repair, closing entrances, or

demolition.

(J) The Code Official’s order of Condemnation and notice of

violation shall be posted in a conspicuous place on or about the Structure

affected by such notice and served on the Owner as reflected in either the

official records of Wakulla County, other public records, or the most recent

statement of title, and at the Wakulla County Administration Building. If the

notice pertains to equipment, it shall also be placed on the equipment. The

6

notice of violation and Condemnation order shall include a statement that

a failure to correct or eliminate the dangerous or unsafe condition will

result in forwarding the case to the Wakulla County Code Enforcement

Board. In addition, the Code Official shall place a Condemnation placard

on the front of the Property in order to inform other Persons within the

vicinity of the Structure that it is unsafe.

(K) Upon failure of the Owner to secure the Property within the

time specified in the order of Condemnation, the Code Official shall send

the case to the Wakulla County Code Enforcement Board for a public

hearing for a review of the condition of the Structure or equipment, a

determination of whether such condition is a violation of this or another

County ordinance, and if it is a violation, issuance of an order requiring the

Owner to take appropriate steps to secure the Property. If the Code

Enforcement Board determines there is a violation and affirms the Code

Official’s order of Condemnation, the Board shall provide a reasonable

time for the Owner to correct the dangerous condition, subsequent to

which the Code Official may be directed to have the Property secured by

repair, closing all entrances, or demolition. If the Code Official must

secure the Property, the cost thereof shall be charged against the real

estate upon which the Structure is located and shall be a code

enforcement lien upon such real estate or may be collected in any other

legal manner.

7

(L) The Code Official shall remove the Condemnation placard

whenever the defect or defects upon which the Condemnation action was

based have been eliminated.

(M) Any occupied Structure Condemned and placarded by the

Code Official shall be vacated as ordered by the Code Official. Any

Person who shall occupy placarded Property or shall operate placarded

equipment, and any Owner or any Person responsible for the Property

who shall let anyone occupy the Property or operate the equipment shall

be liable for any injuries or damages sustained during the course of such

Occupancy or operation.

(underlined words are additions, striken words are deleted)

Section 3. Severability. The provisions of this Ordinance are severable; and

if any section, subsection, sentence, clause or provision is held invalid by any court of

competent jurisdiction, the remaining provisions of this Ordinance shall not be affected

thereby.

Section 4. Effective Date. A certified copy of this Ordinance shall be filed

with the Department of State within ten (10) days after enactment by the Board and the

Ordinance shall take effect as provided by law.

PASSED AND DULY ADOPTED this _____ day of ________________, 2011.

8

9

BOARD OF COUNTY COMMISSIONERS OF WAKULLA COUNTY, FLORIDA

By:____________________________ MIKE STEWART, Chair

ATTEST: ___________________________________ BRENT X. THURMOND, Ex Officio Clerk to the Board APPROVED AS TO FORM AND CONTENT: ___________________________________ Heather Encinosa, Esq. County Attorney




Heather Encinosa, County Attorney

Subject: Request Board Approval to Conduct the Public Hearing and Adopt The Ordinance Amending Sections 2.256 and 2.259 of the County Code, Regarding the County’s Purchasing Code

Statement of Issue: This agenda item requests Board approval to conduct the public hearing and adopt the proposed ordinance amending Sections 2.256 and 2.259 of the County Code concerning local preferences in purchasing and payment and performance bonds (Attachment #1). Background: On February 28, 2011, the Board directed the County Attorney to prepare modifications to the County’s existing purchasing code to expand the local preference criteria for projects less than $200,000 and to eliminate the payment and performance bond requirements for projects less than $175,000. On April 4, 2011 the Board approved staff to schedule a public hearing to consider amending sections of the purchasing code. The notice of public hearing was advertised in the Wakulla News on April 14, 2011 as well as the County website. Analysis: The proposed ordinance (Attachment #1) amends two sections of the County’s purchasing code. First, it will amend section 2.256 of the Wakulla County Code to provide an additional local preference of 10% for projects less than $200,000. In addition, the proposed ordinance will amend section 2.259 to eliminate payment and performance bonds for projects of $175,000 or less unless the county administrator determines that it’s in the best interests of the County to require such bonds on certain projects. Budgetary Impact: On a project-by-project basis, the local preference may require the County to expend additional monies to award to a local bidder. For each project, the maximum amount would be $20,000 (10% of a $200,000 project), but the benefits to the local economy by hiring local businesses is expected to surpass these expenditures.

Agenda Request: Request Board Approval to Conduct the Public Hearing and Adopt The Ordinance Amending Sections 2.256 and 2.259 of the County Code, Regarding the County’s Purchasing Code May 2, 2011 Page 2 Options: 1. Approve to Conduct the Public Hearing and Adopt the Ordinance Amending Sections 2.256

and 2.259 of the County Code, Regarding the County’s Purchasing Code. 2. Do Not Conduct the Hold the Public Hearing and Do Not Adopt the Ordinance Amending

Sections 2.256 and 2.259 of the County Code, which is part of the County’s Purchasing Code.

3. Board direction. Recommendation: Option #1 Attachments: 1. Proposed Ordinance.

ORDINANCE NO. 11-___

AN ORDINANCE OF THE WAKULLA COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING SECTIONS 2.256 AND 2.259 OF THE WAKULLA COUNTY CODE; REPEALING AND RESTATING SECTION 2.256 CONCERNING LOCAL PREFERENCES IN PURCHASING GOODS AND SERVICES; AMENDING SECTION 2.259 CONCERNING PAYMENT AND PERFORMANCE BONDS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Board of County Commissioners desires to enact an ordinance

repealing and replacing section 2.256 of the Wakulla County Code concerning local

preferences in purchasing of goods or services in order to help stimulate the local

economy;

WHEREAS, the Board of County Commissioners desires to enact an ordinance

amending section 2.259 of the Wakulla County Code concerning payment and

performance bonds;

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY

COMMISSIONERS OF WAKULLA COUNTY, FLORIDA, THAT:

SECTION 1. REPEAL AND RESTATEMENT OF SECTION 2.256(8) OF THE

WAKULLA COUNTY CODE. Section 2.256(8) of the Wakulla County Code,

concerning local preferences, is hereby repealed and replaced in its entirety with the

following:

Sec. 2.256. – Purchase guideline.

* * *

(8) Local preference in purchasing and contracting.

a. Unless otherwise prohibited by prevailing law or policy, in the

purchasing of, or letting of contracts for procurement of, personal property,

materials, contractual services, and construction of improvements to real

property or existing structures for which an invitation to bid, request for

proposals, or other procurement document is issued, a local preference of

the bid price or total score shall be assigned for a local preference to a

respondent, as follows:

1. A respondent which has a principal office

located within Wakulla County and which satisfies the

definition of a “Local Business” as set forth in paragraph b.1.

this section shall be given a preference in the amount of five

percent (5%) of the bid price or five percent (5%) of the total

points available, whichever is applicable. For those projects

estimated to be less than $200,000.00, a respondent which

has a principal office located within Wakulla County and

which satisfies the definition of a “Local Business” as set

forth in paragraph b.1. of this section shall be given a

preference in the amount of ten percent (10%) of the bid

price or ten percent (10%) of the total points available,

whichever is applicable.

2. If no Local Business as defined in paragraph

b.1. of this section is competing on a project, respondents

which satisfy the definition of a “Local Business” as set forth

2

in paragraph b.2. of this section shall be given a preference

in the amount of four percent (4%) of the bid price or four

percent (4%) of the total points available, whichever is

applicable.

3. If no Local Business as defined in paragraphs

b.1. or b.2. of this section are competing on a project,

respondents which satisfy the definition of a “Local

Business” as set forth in paragraph b.3. of this section shall

be given a preference in the amount of three percent (3%) of

the bid price or three percent (3%) of the total points

available, whichever is applicable.

b. “Local Business” means, for the purposes of this section:

1. A business that has a current business tax

receipt issued by Wakulla County, if required, and has its

principal office located within Wakulla County currently and

for the six (6) month period immediately preceding

submission of a response to an invitation to bid, request for

proposal, or other procurement document; or

2. A business that has both a fixed office or

distribution point located in and having a street address

within Wakulla County currently and for the six (6) month

period immediately preceding the issuance of the invitation

to bid or request for proposals or other procurement

3

document by the County and a current business tax receipt

issued by the appropriate county for said business, if

required; and at least one (1) full time employee whose

primary residence is in Wakulla County, or two (2) part-time

employees whose primary residences are in Wakulla

County, or, if the business has no employees, the business

shall be at least fifty (50%) owned by one or more persons

whose primary residence is in Wakulla County.

3. A business that has both a fixed office or

distribution point located in and having a street address

within Franklin County, Jefferson County, Leon County, or

Liberty County currently and for the six (6) month period

immediately preceding the issuance of the invitation to bid or

request for proposals or other procurement document by the

County and a current business tax receipt issued by the

appropriate county for said business, if required; and at least

one (1) full time employee whose primary residence is in

Franklin County, Jefferson County, Leon County, or Liberty

County, or two (2) part-time employees whose primary

residences are in Franklin County, Jefferson County, Leon

County, or Liberty County, or, if the business has no

employees, the business shall be at least fifty percent (50%)

owned by one or more persons whose primary residence is

4

in Franklin County, Jefferson County, Leon County, or

Liberty County.

c. Any respondent claiming to be a Local Business shall so

certify in writing to the Purchasing Division. The certification shall provide

all necessary information to meet the requirements above. The

purchasing agent shall not be required to verify the accuracy of any such

certifications, and shall have the sole discretion to determine if a

respondent is a Local Business.

d. The preference of 3%, 4%, or 5% (or 10% for those projects

less than $200,000.00 as governed by subsection a.1.) in an invitation to

bid or other procurement not using points-based evaluation criteria shall

be applied and deducted from the total amount of the bid price. The

preference of 3%, 4%, or 5% (or 10% for those projects less than

$200,000.00 as governed by subsection a.1.) of the total points available

in a request for proposals or other procurement using points-based

evaluation criteria shall be applied and added to the total points received

by a respondent.

e. If, after application of the local preference there is a tie

between two respondents, the award of the project will go to the Local

Business.

SECTION 2. REPEAL AND RESTATEMENT OF SECTION 2.259 OF THE

WAKULLA COUNTY CODE. Section 2.259 of the Wakulla County Code,

5

concerning payment and performance bonds, is hereby repealed and replaced in its

entirety with the following:

Sec. 2.259. – Payment and performance bonds.

(1) In accordance with Section 255.05, Florida Statutes, payment and

performance bonds shall not be required for contracts for the construction,

repair, rehabilitation or prosecution of a public building or public work project of

$175,000 or less, unless the county administrator determines that it would be in

the best interest of the county to require such bonds. If the county administrator

determines that payment and performance bonds shall be required, said

requirement shall be included in the procurement documents, if applicable.

Payment and performance bonds shall be mandatory for all contracts for the

construction, repair, rehabilitation or prosecution of a public building or public

work project of more than $175,000. For unit price contracts, the contract price

for purposes of this section shall be the estimated annual amount to be paid

under the contract. All contracts that require payment and performance bonds

from a surety company shall require approval by the board. Payment and

performance bonds shall be at least 100 percent of the contract price.

(2) A contractor or vendor shall provide a surety bond from a surety

company authorized to do business in the state to guarantee the full and faithful

performance of his contractual obligations and the payment of labor and

material expended pursuant to the contract whenever and in such amounts as

6

7

is deemed necessary by the office of management and budget. Alternative

surety devices, such as letters of credit, may be authorized by the board.

SECTION 3. SEVERABILITY. If any clause, section or provision of this

Ordinance shall be declared unconstitutional or invalid for any reason or cause, the

remaining portion of said Ordinance shall be in full force and effect and be valid as if

such invalid portion thereof had not been incorporated herein.

SECTION 4. EFFECTIVE DATE. A certified copy of this Ordinance shall be filed

in the Department of State within ten (10) days after enactment by the Wakulla County

Board of County Commissioners and the Ordinance shall take effect as provided by law.

PASSED AND DULY ADOPTED this _____ day of ______________, 2011.

BOARD OF COUNTY COMMISSIONERS OF WAKULLA COUNTY, FLORIDA

By:_________________________________ MIKE STEWART, CHAIRMAN

ATTEST: _______________________________ BRENT X. THURMOND, Ex Officio Clerk to the Board APPROVED AS TO FORM AND CONTENT: _______________________________ Heather Encinosa, Esq. County Attorney



From: Brent X. Thurmond, Clerk of Court

Subject: Approval of Minutes from the April 18, 2011 Regular Board Meeting

Statement of Issue: This agenda item requests Board review and approval of the minutes of the April 18, 2011 Regular Board Meeting (Attachment #1). Options: 1. Approve the minutes of the April 18, 2011 Regular Board Meeting. 2. Do not approve minutes. 3. Board direction. Recommendation: Option #1 Attachment(s) 1. Draft of Minutes – April 18, 2011 Regular Board Meeting.

Draft

BOARD OF COUNTY COMMISSIONERS REGULAR BOARD MEETING

MONDAY, APRIL 18, 2011 The Board of County Commissioners in and for Wakulla County, Florida met for a Regular Scheduled Board Meeting on Monday, April 18, 2011 with Chairman Mike Stewart presiding. Present were Commissioners Lynn Artz, Alan Brock, Randy Merritt, and Jerry Moore. Also, present were Interim County Administrator Tim Barden, County Attorney Heather Encinosa and Deputy Clerk Evelyn Evans. Commissioner Stewart led in the invocation and pledge of allegiance to the flag. (CD4:55) Approval of Agenda Commissioner Brock moved to approve the Agenda with the following changes/modifications: County Administrator – requests to pull item (8) for discussion County Attorney – requests to add RACEC for an update under her items Commissioner Stewart – requests to add stormwater in Wakulla Gardens under his discussion Commissioner Merritt – requests to move the Workshop regarding Comp Plan related to Wetlands and Treatment of Sanitary Sewage on May 5, 2011 to a date to be determined in June Second by Commissioner Merritt and the motion carried unanimously, 5/0. PUBLIC HEARING (CD4:56) 1. Request Board Approval to Schedule a Public Hearing to Consider Adopting an Ordinance Amending the Road Acceptance Criteria Commissioner Merritt moved to table to a future date and hold a Workshop on May 5, 2011 to discuss this item. Second by Commissioner Moore and the motion carried unanimously, 5/0. AWARDS AND PRESENTATIONS (CD5:04) Update on the Courthouse Project – Brent Thurmond, Clerk of Court Grant Slayden presented a Proclamation to Brent Thurmond on behalf of Chief Judge Charles Francis and Tempie Sailors and Joe Finch were presented certificates of appreciation for all of their work during the Courthouse renovation. (CD5:14) Presentation of Programs & Services offered by FACT – Ken Moneghan (CD5:24) Presentation on Library State Aid – Cheryl Turner & Amanda DePotty, Wilderness Coast Public Libraries (CD5:37) Announcement of Civility Counts Project – Jennifer Russell, Association of Image Consultants International – proclamation on the Consent Agenda (CD5:39) Announcement of Jam 4 Camp Event – Sherrie Kraeft, County 4-H Agenda 1. There is a County listening session on April 19 at the Extension Office with dinner served at 6:30 p.m. and the session starting at 7:00 p.m.

April 18, 2011

2. Help send a child to camp at Hudson Park on Saturday, April 30 from 11:00 a.m. to 6:00 p.m. This is a first annual fundraiser for camp scholarships with a battle of the bands and other vendors present. CONSENT AGENDA Commissioner Merritt moved to approve the Consent Agenda with the exception of item (8) that is pulled for discussion. Second by Commissioner Brock and the motion carried unanimously, 5/0. 2. Approval of Minutes – April 4, 2011 Regular Board Meeting Approve 3. Approval of Minutes – April 7, 2011 Workshop Regarding Sewer/Infrastructure in Wakulla Gardens Approve 4. Approval of Payment of Bills and Vouchers Submitted for March 31, 2011 – April 13, 2011 Approve 5. Request Board Approval of Temporary Road Closing for the 37th Annual Blue Crab Festival Parade on May 7, 2011 Approve – temporary road closure for Blue Crab Festival Parade on May 7, 2011 6. Request Board Approval of a Proclamation Declaring May 2011 as Civility Month in Wakulla County Approve – the Proclamation declaring May 2011 as Civility Awareness Month in Wakulla County 7. Request Board Approval of a Resolution Regarding Self-Governance of Nitrogen and Phosphorus Control Ordinances Approve – the Resolution regarding self-governance of nitrogen and phosphorus control ordinances 9. Request Board Approval to Accept and Award the Low Bid for the SCOP Project – Roadway Improvements to New Light Church Road (ITB #2011-11) to Peavy and Son Construction Company, Inc. and Authorize Preble-Rish to Negotiate a Reduced Project Scope for Cost Savings Approve – to accept and award the low bid to Peavy and Son Construction Company, Inc., authorize Preble-Rish to negotiate a reduced project scope for cost savings, and authorize the Chairman and County Attorney to execute the final contract not to exceed the grant amount. 10. Request Board Approval of a Budget Amendment Moving Funds from “Bridge Repairs” to the Old Bethel Road Paving Project – This item is pulled from the Agenda 11. Request Board Approval of the Maintenance Agreement between the County and FDOT for Maintaining Syfrett Creek Bridge Approve – the Maintenance Agreement between the County and FDOT for Syfrett Creek Bridge and authorize the Chairman to execute 12. Request Board Approval to Temporary Close Cajer Posey Road to Remove Petroleum Contaminated Soils at Michele’s Grocery Approve – to temporary close Cajer Posey Road in order to remove petroleum-contaminated soils at Michele’s Grocery

2

April 18, 2011

19. Request Board Approval to ratify awarding the Equestrian Arena ITB 2011-09 to the low bidder, Rodeo West and authorize the Chairman to execute the contract Approve – Ratify awarding the Equestrian Arena ITB to Rodeo West and authorize the Chairman to execute the Contract CONSENT ITEMS PULLED FOR DISCUSSION (CD5:42) 8. Request Board Approval to Accept and Award the Low Bid for the Wakulla County Hwy. 319 Widening Project (ITB #2011-10) to C.W. Roberts, Inc. and Authorize the Chairman to Execute the Contract **The bid came in $60,000 over the anticipated amount and Chairman Stewart was able to negotiate with DOT to get the project back within budget, this will require negotiations with the contractor to bring the costs back within budget. Commissioner Merritt moved to approve, accept, and award the bid for the Wakulla County Hwy. 319 Widening Project (ITB2011-10) to C. W. Roberts, Inc., with authorization to re-negotiate with the contractor to bring the costs down, approve the Budget Amendment, and authorize the Chairman to execute the Contract. Second by Commissioner Brock and the motion carried unanimously, 5/0. GENERAL BUSINESS (CD5:51) 13. Request Board Approval to Issue a Request for Proposal for Programming Services for the Community Center Commissioner Merritt moved to approve to issue the Request for Proposal (RFP) for Community Center Services and approve an office space for use by Volunteer WAKULLA at the Community Center. Second by Commissioner Brock and the motion carried unanimously, 5/0. (CD6:04) 14. Request Board Direction on Lots in Hudson Park Leased from the Crawfordville Woman’s Club Commissioner Merritt moved not to purchase the lots, second by Commissioner Brock and the motion carried unanimously, 5/0. COMMISSIONER AGENDA ITEMS 15. COMMISSIONER BROCK (CD6:11) a. Request Board Approval to Direct Staff to Work with the Chamber to Organize and Schedule a Workshop on Implementing a Blue Print 2000 Type Effort in Wakulla County Commissioner Brock moved to direct staff to work with the Chamber and the County Attorney to organize and schedule a workshop tentatively for July 21, 2011 to discuss a similar idea/plan to Tallahassee’s successful Blue Print 2000. Second by Commissioner Merritt and the motion carried unanimously, 5/0. (CD6:29) b. Request Board Approval to Direct Staff to Work with the Sheriff’s Department as Needed to Research the Ongoing Study of Consolidation Efforts of Emergency Services Commissioner Brock moved to direct staff to work with Sheriff’s Department as needed to research the study of consolidation efforts of Emergency Services. Second by Commissioner Artz with Commissioners Brock, Merritt, Moore, and Stewart in favor, Artz opposed and the motion carried, 4/1. CITIZENS TO BE HEARD (CD6:52) 1. Vic Lambou – Wetlands, Their Importance and Protection. CCOW is holding a public forum on Tuesday, April 26, 2011, 7:00 p.m. at the Wakulla County Library. COUNTY ATTORNEY

3

(CD6:54) 16. Request for Direction on Intent to Issue Permit Revisions to City of Tallahassee Permits for T.P. Smith WRF and Lake Bradford Road WWTP (Permit No’s FLA010139 and FLA010140)

April 18, 2011

Commissioner Merritt moved not to direct staff to engage an expert to provide a full analysis of the proposed Permit Modifications to determine if there are reasonable assurances that the water quality within the Wakulla Springs watershed will not be degraded as a result of the changes. Second by Commissioner Brock and the motion carried unanimously, 5/0. (CD7:01) 18. Request Board Approval to file Local Government Entity Short Form Claim in Civil Action No. 10-9999, U.S. District Court for the Eastern District of Louisiana in the matter In re: Oil Spill by the Oil Rig “Deepwater Horizon” in the Gulf of Mexico on April 20, 2010 Commissioner Artz moved to approve the County Attorney to file Local Government Entity Short Form Claim in Civil Action No. 10-9999, U. S. District Court for the Eastern District of Louisiana in the matter in re: Oil Spill by the Oil Rig “Deepwater Horizon” in the Gulf of Mexico on April 20, 2011. Second by Commissioner Brock and the motion carried unanimously, 5/0. (CD7:05) RACEC – Update on County’s efforts to be included in a Rural Area of Critical Economic Concern COUNTY ADMINISTRATOR (CD7:06) 1. April 25, 2011 is the first furlough day for County Employees excluding Fire, EMS and Animal Control and the County offices will be closed. (CD7:06) 2. Doug Jones is retiring on April 29, 2011 and a going away celebration will be held at the Library from 4:00 to 6:00 p.m. on that day. DISCUSSION ISSUES BY COMMISSIONERS COMMISSIONER ARTZ (CD7:07) 1. County Administrator group interview and a meet and greet at the Library on Wednesday, May 9, 2011 at 6:00 p.m. This is an opportunity for the public to meet the top three candidates for the County Administrator position. 17. COMMISSIONER STEWART (CD7:10) a. Water Service in Wakulla Gardens – There is an area of Wakulla Gardens that has 1000 home sites with approximately 100 residents. These people are in dire need of water and Talquin will not service the area. Talquin has a conditional use permit and the County Attorney suggests meeting with Talquin to see if the County can partner with them in order to provide water to the residents or if they have other ideas on how water can be provided. (CD7:19) b. Stormwater – Update on the stormwater improvements and re-submitting the Grant application for the 2011 funding in May that is a Federal Grant administered by the State. There is presently standing Board direction to bring back a funding mechanism assessment for the six critical areas in Wakulla Gardens by Government Services Group. Commissioner Merritt moved to stop the standing order and wait to see what happens with the FEMA Grant. Second by Commissioner Moore and the motion carried unanimously, 5/0 COMMISSIONER BROCK a. IFES – County listening session on April 19 at the Extension Office with dinner served at 6:30 p.m. and the meeting starting at 7:00 p.m. There being no further business to come before the Board, Commissioner Merritt moved to adjourn; second by Commissioner Brock and the motion carried unanimously, 5/0.

4

April 18, 2011

5

The meeting concluded at 7:35 p.m.




Subject: Approval of Minutes from the April 13, 2011 Special Board Meeting

Statement of Issue: This agenda item requests Board review and approval of the minutes of the April 13, 2011 Special Board Meeting (Attachment #1). Options: 1. Approve the minutes of the April 13, 2011 Special Board Meeting. 2. Do not approve minutes. 3. Board direction. Recommendation: Option #1 Attachment(s) 1. Draft of Minutes – April 13, 2011 Special Board Meeting.

BOARD OF COUNTY COMMISSIONERS SPECIAL BOARD MEETING

APRIL 13, 2011

The Board of County Commissioners met for a Special Board Meeting on Wednesday, April 13, 2011 at 5:00 p.m. with Chairman Mike Stewart presiding. Present were Commissioners Lynn Artz, Randy Merritt, Jerry Moore. Commissioner Alan Brock was absent. Also, present were Interim County Administrator Tim Barden, County Attorney Heather Encinosa and Deputy Clerk Evelyn Evans. Chairman Mike Stewart called the Special Board Meeting to order at 5:00 p.m. The purpose of the Special meeting is to request Board approval of the Change Order from Allen’s Excavation, Inc. for the Sanitary Sewer Forcemain Project, approval of the Eutaw Proposal for Technical Services, and authorize the Chairman to execute all Contracts. (CD5:06) Commissioner Merritt moved for approval of the Agreement between Wakulla County and Allen’s Excavation for the construction of the Sanitary Forcemain Project in accordance with Bid 2011-02. Second by Commissioner Moore and the motion carried unanimously, 4/0. (CD5:07) Commissioner Merritt moved for approval of Change Order #1 to the contract, which would reduce the scope and price to a total of $602,255.85. Change Order is approved subject to Wakulla County not having to pay an access charge for the water service, alternate (B) only that is the $21,000.00 line item. If water service has to be paid, it would have to come back for Board action. Second by Commissioner Moore and the motion carried unanimously, 4/0. (CD5:11) Commissioner Merritt moved for approval of the Work Authorization Agreement between Wakulla County and Eutaw Utilities for the redesign of the Forcemain technical services during construction for 5% for the redesign and 4% for technical services during construction. Amended on the record to change the language in Attachment A, Task 200 Pipeline Design to read from a parallel 6-inch pipeline to a single 8-inch pipeline. Second by Commissioner Moore and the motion carried unanimously, 4/0. (CD5:20) Commissioner Artz moved to direct Eutaw Utilities and Public Works to do an analysis, provide more information related to the rehab of the Medart Station, and bring back to the Board. Second by Commissioner Merritt and the motion carried unanimously, 4/0.

(CD5:30) There being no further business to come before the Board, Commissioner Merritt moved to adjourn; second by Commissioner Moore and the motion carried unanimously, 4/0. 5:30 p.m. Meeting concluded.




Subject: Approval for Payment of Bills and Vouchers Submitted for April 14, 2011

– April 27, 2011

Statement of Issue: This agenda item requests Board approval for payment of bills and vouchers submitted for April 14, 2011 – April 27, 2011. Background: It is the policy of the Board to pre-approve payment of bills and vouchers prior to the actual release of funds. Options: 1. Approve payment of bills and vouchers submitted for April 14, 2011 – April 27, 2011. 2. Do not approve payment of bills and vouchers. 3. Board direction. Recommendation: Option #1 Attachment(s) 1. Statement of bills and vouchers submitted for April 14, 2011 – April 27, 2011.



From: Scott Nelson, Emergency Management Director

Subject: Request Board Approval of a Resolution Approving the Wakulla County Local Mitigation Strategy

Statement of Issue: This agenda item requests Board approval of a Resolution approving the Local Mitigation Plan (Attachment #1). Background: The passage of the Disaster Mitigation Act of 2000 (DMA2K) emphasized the importance of pre-disaster mitigation planning, and established certain incentives for communities to undertake effective and meaningful mitigation planning. Based on the lessons learned in from destructive natural disasters that occurred in the mid to late 1990’s, Congress passed the DMA2K and amended the Robert T. Stafford Act by Public Law 106-390. The law includes many provisions for the entire life cycle of a major disaster, addressed issues such as streamlining the Public Assistance Program and the Hazard Mitigation Grant Program, strengthened the development of local mitigation strategies or plans, and created a provision for states and local communities to develop “enhanced” mitigation plans that would allow certain delegations of authority to states to manage the Hazard Mitigation Grant Program (HMGP) and offset these efforts by increasing the amount of HMGP funds available after a disaster from 7.5% of the total of all disaster costs to up to 20% of all related disaster costs. The cornerstone of the legislation was the requirement that every county/parish in the Nation was encouraged to develop mitigation plans as promulgated in 44 CFR 201 – Mitigation Planning. The incentive was the continuation of benefits from the Public Assistance and HMGP programs. Not having an approved Local Mitigation Strategy (LMS) plan precludes local governments from taking advantage of these two very critical programs that follow a Presidential Disaster Declaration. The Federal Emergency Management Agency (FEMA) developed planning criteria, which are the basis for LMS plan approval. Analysis: Wakulla County is required to develop a Local Mitigation Strategy approved by FEMA in order to be eligible for Mitigation grants through the state and FEMA. The 2010 Wakulla County Local Mitigation Strategy (LMS) Plan is the result of the efforts of the Local Mitigation Strategy Working Group and contains a thoughtful analysis of the natural and manmade hazards impacting Wakulla

Agenda Request: Request Board Approval of a Resolution Approving the Wakulla County Local Mitigation Strategy May 2, 2011 Page 2 County. It is a comprehensive document that carefully examines the County’s risks to these hazards and includes an assessment of the County’s vulnerability to each hazard as well as the potential impacts from each hazard. At the same time, the LMS Working Group took the opportunity to evaluate the LMS projects list and proposed additional specific projects and action plan to mitigate some of the hazards. The members of the Local Mitigation Strategy Working Group represent a cross section of Wakulla County and the Cities of St. Marks and Sopchoppy staff as well as private citizens. They were responsible for directing and managing the development of the 2010 Wakulla County LMS Plan. Under the chairmanship of the Wakulla County Emergency Manager, the Working Group updated the 2006 LMS Plan to comply with current Federal Emergency Management Agency (FEMA) and Florida Division of Emergency Management (DEM) requirements as well as to reflect any changes that have occurred in the past five years in the County. The current process of reviewing, revising, and updating the Wakulla County LMS began in May 2010. The three jurisdictions represented in the updated plan are the City of St. Marks, City of Sopchoppy, and the unincorporated areas of Wakulla County. These are the same jurisdictions as the older versions of the plan, with no jurisdictional changes having occurred within the county. The Wakulla County LMS Committee was comprised of county and municipal government officials as well as private citizens. The committee met three times in the summer of 2010. The main goal of the LMS was to identify and assess the various natural and manmade hazards that the county and its municipalities face and to develop local strategies to reduce the impact of future events. The plan includes the procedures that the Committee used to develop the LMS and presents the mitigation initiatives identified by the Committee. All three jurisdictions participated in the updated plan’s development process by attending the public meetings and providing information for the project priority list, critical facilities list, and project ideas. A draft of the Wakulla County LMS was submitted to the Florida DEM on September 15, 2010. The deficiencies were corrected and resubmitted to Florida DEM. Florida DEM approved the Wakulla County LMS on February 25, 2011 and FEMA approved it on March 9, 2011. Budgetary Impact: None. Options: 1. Adopt the Resolution approving the Wakulla County Local Mitigation Plan. 2. Do not adopt the Resolution approving the Wakulla County Local Mitigation Plan. 3. Board direction. Recommendation: Option #1

Agenda Request: Request Board Approval of a Resolution Approving the Wakulla County Local Mitigation Strategy May 2, 2011 Page 3 Attachment(s): 1. Resolution 2. LMS Plan (Available for Review in BOCC/Administration Office – See Jessica Welch)

SLN

RESOLUTION NO.: ________

A RESOLUTION OF THE WAKULLA COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE WAKULLA COUNTY LOCAL MITIGATION STRATEGY

WHEREAS, Wakulla County is vulnerable to the human and economic cost of natural, technological and societal disasters, and

WHEREAS, the Wakulla County Board of County Commissioners recognizes the importance of reducing or eliminating those vulnerabilities for the overall good and welfare of the community, and

WHEREAS, the has participated the Wakulla County Local Mitigation Strategy Team, which established a comprehensive, coordinated planning process to eliminate and decrease these vulnerabilities, and

WHEREAS The Wakulla County Local Mitigation Strategy Team has identified,

justified and prioritized a number of proposed projects and programs needed to mitigate the impacts of future disasters, and

WHEREAS, these proposed projects and programs have been incorporated into the

“2010 Local Mitigation Strategy, Wakulla County, Florida” that has been prepared and issued for consideration and implementation by Wakulla County,

NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY

COMMISSIONERS OF WAKULLA COUNTY, that:

1) Wakulla County Board of County Commissioners hereby accepts, adopts, and approves the “December 2011 Local Mitigation Strategy”

PRESENTED AND PASSED by the Board of County Commissioners of Wakulla County, Florida, on this 2nd day of May 2011.

WAKULLA COUNTY, FLORIDA

By:___________________________ MIKE STEWART, Chairman Wakulla County Board of County Commissioners

Page 1 of 2

Page 2 of 2

ATTESTED BY: CLERK OF THE COURT By:______________________________ BRENT X. THURMOND APPROVED AS TO FORM AND CONTENT: COUNTY ATTORNEYS OFFICE WAKULLA COUNTY, FLORIDA By:______________________________ HEATHER J. ENCINOSA, ESQUIRE




Lindsay Stevens, Assistant County Administrator

Sonora Walker, Meridian Community Services Group/SHIP Administrator

Subject: Request Board Review and Approval of the Bidding Procedure for the State Housing Initiatives Partnership (SHIP) Rehabilitation Program

Statement of Issue: This agenda item requests Board approval of the proposed bidding procedure for the SHIP Rehabilitation Program. Background: The State Housing Initiatives Partnership program (SHIP), provides funds to local governments as an incentive to create partnerships that produce and preserve affordable homeownership and multifamily housing. The program was designed to serve very low, low and moderate income families. SHIP funds are distributed on an entitlement basis to all 67 counties and 53 Community Development Block Grant entitlement cities in Florida. The minimum allocation is $350,000 and the maximum allocation is over $8.8 million. In order to participate, local governments must establish a local housing assistance program by ordinance; develop a local housing assistance plan and housing incentive strategy; amend land development regulations or establish local policies to implement the incentive strategies; form partnerships and combine resources in order to reduce housing costs; and ensure that rent or mortgage payments within the targeted areas do not exceed 30 percent of the area median income limits, unless authorized by the mortgage lender. SHIP dollars may be used to fund emergency repairs, new construction, rehabilitation, down payment and closing cost assistance, impact fees, construction and gap financing, mortgage buy-downs, acquisition of property for affordable housing, matching dollars for federal housing grants and programs, and homeownership counseling. SHIP funds may be used to assist units that meet the standards of chapter 553; SHIP funds may also be used to assist manufactured housing constructed after June 1994 in accordance with the installation standards defined in the rules of the Department of Highway Safety and Motor Vehicles.

Request Board Review and Approval of the Bidding Procedure for the State Housing Initiatives Partnership (SHIP) Rehabilitation Program May 2, 2011 Page 2 A minimum of 65 percent of the funds must be spent on eligible homeownership activities; a minimum of 75 percent of funds must be spent on eligible construction activities; at least 30 percent of the funds must be reserved for very-low income households (up to 50 percent of the area median income or AMI); an additional 30 percent may be reserved for low income households (up to 80 percent of AMI); and the remaining funds may be reserved for moderate-income households (up to 120 percent of AMI.). Funding for this program was established by the passage of the 1992 William E. Sadowski Affordable Housing Act. Funds are allocated to local governments each month on a population-based formula. These funds are derived from the collection of documentary stamp tax revenues, which are deposited into the Local Government Housing Trust Fund. Total actual disbursements are dependent upon these documentary stamp collections. It should be noted that the SHIP program did not receive additional funding last year and it is doubtful that funding will be allocated by the State for this budget year. However, Wakulla County currently has SHIP funding left to spend from the FY08/09 and FY09/10 grants. This funding must be expended by June 2012. In March 2011, the Board approved a contract with Meridian Community Services Group Inc. to administer the SHIP program in Wakulla County. Analysis: The bidding procedure was developed by Meridian and sets forth the system that they will follow when obtaining quotes for SHIP rehabilitation projects (Attachment #1). The bidding process includes provisions to ensure that pre-qualified local contractors are being utilized, and also that appropriate insurance coverage is provided. The contractors will be notified of jobs that will be open for bidding. Posting at the County Administration offices will also occur. The contractors will attend a pre-bid conference at the home receiving SHIP rehabilitation assistance. The sealed bids will be opened at a public bid opening. No contractor will be permitted to have more than two (2) jobs under construction at one time without consent of the County, unless the anticipated date of commencement is after the scheduled and estimated date of completion of current jobs or the contractor has demonstrated, through past performance, that they are able to satisfactorily complete multiple contracts in a timely manner. Budgetary Impact: None. Options: 1. Approve the bidding procedures for the SHIP Rehabilitation Program. 2. Do not approve the bidding procedures for the SHIP Rehabilitation Program. 3. Board Direction.

Request Board Review and Approval of the Bidding Procedure for the State Housing Initiatives Partnership (SHIP) Rehabilitation Program May 2, 2011 Page 3 Recommendation: Option #1 Attachments: 1. Proposed SHIP Bidding Procedures.

CONTRACTOR LISTING

The Housing Rehabilitation Program will establish and maintain a current listing of eligible contractors for bidding on all phases of the program. Only those contractors who are so listed will be considered for work on this program. Establishment of this list will include maximum effort to utilize local and minority contractors.

A. Recruiting

Contractors residing or maintaining offices in the local area will be recruited through public notice to all such contractors, as part of the local government's compliance with Federal Section 3 requirements. This special effort will be based upon the list of contractors licensed in the jurisdiction including residential, building and general contractors. Letters sent to contractors, or advertisements placed soliciting them, will be placed in the appropriate program file.

The contractor listing will include all local contractors who apply and are determined eligible based upon program qualification standards.

If the pool of local contractors is inadequate to provide a sufficient pool of contractors willing and qualified to perform the rehabilitation work at prices that are considered reasonable and comparable to the prepared estimate, other contractors will be solicited. Maintenance of a pool of competitive, qualified, and capable contractors is essential to program completion.

B. Contractor Eligibility In order to participate in the Housing Rehabilitation Program, a contractor must

be certified as eligible by the Administrator of Housing Rehabilitation.

Basic contractor qualifications include:

1. Current license(s) with the appropriate jurisdiction;

2. A satisfactory record regarding complaints filed against the contractor at the state, federal or local level;

3. Insurance: Contractor’s Public Liability Insurance in an amount not less

than $1,000,000 aggregate coverage. A certificate evidencing Worker’s Compensation insurance in statutory limits in accordance with Florida law. A certificate evidencing Auto Insurance including bodily injury in an amount not less than $1,000,000 per accident and in the aggregate. A certificate evidencing General Liability insurance covering bodily injury, including death and property damage, in an amount not less than $1,000,000 combined single limit per occurrence. Copies of certificates

shall be provided to the County. The Contractor shall provide the County with a certificate of insurance from the insurer guaranteeing ten (10) day notice to the Housing Rehabilitation Program before discontinuing coverage.

4. A satisfactory credit record, including:

(a) references from two (2) suppliers who have done business with the

contractor involving credit purchases; and

(b) references from three (3) subcontractors who have subcontracted with the contractor; and

(c) the ability to finance rehabilitation contract work so all bills are paid

before requesting final payment;

5. Satisfactory references from at least three (3) parties for whom the contractor has done construction;

6. Absence from any list of debarred contractors issued by the Federal or

State DOL, HUD or DCA;

The Housing Rehabilitation Specialist will assure that current and past performance of the contractor are satisfactory based upon readily available information and reserves the right to check any reliable source in establishing such determination.

The Housing Rehabilitation Specialist will explain the contractor's obligations under Federal Equal Opportunity regulations and other contractual obligations at the pre-bid conference. Program procedures, such as bidding and payment are also explained to the contractor.

C. Disqualification

Contractors may be prohibited or removed from program participation for:

1. poor workmanship or use of inferior materials;

2. evidence of bidding irregularities such as low balling, bid rigging, collusion, kickbacks, and any other unethical practice;

3. failure to abide by the work write-up, failure to complete work write-up

(and bid) accomplishments, and any attempts to avoid specific tasks in attempts to reduce costs;

4. failure to pay creditors, suppliers, laborers or subcontractors promptly and completely;

5. disregarding contractual obligations or program procedures;

6. loss of license(s), insurance or bonding;

7. lack of reasonable cooperation with owners, rehabilitation staff or the

others involved in the work;

8. abandonment of a job;

9. failure to complete work in a timely manner;

10. inability or failure to direct the work in a competent and independent manner;

11. failure to honor warranties;

12. ineligibility to enter into federally or state assisted contracts as determined

by the U.S. Secretary of Labor, HUD or DCA;

13. other just cause that would expose the Program or owner to unacceptable risk;

14. failure to respond to a minimum of three (3) consecutive requests for bids;

or 15. at the contractor's request.

PROCEDURES

A. Application and Inspection

Each property owner who applies for rehabilitation assistance is initially screened

to determine whether he/she is eligible for a 100% Deferred Payment Loan. A preliminary inspection is then conducted to determine feasibility of rehabilitation.

If either the owner or the structure does not meet eligibility requirements for program participation, the Housing Rehabilitation Specialist will reject the application. A written rejection notification will be sent to the owner via certified mail and the local government designated representative within ten (10) days stating the reason for rejection.

If both the owner and the house appear to be eligible for program participation, the application/verification process continues. A work write-up with cost estimate is developed by the Housing Rehabilitation Specialist and approved by the property owner. The cost estimate for the job is considered confidential information until bid opening.

If special financing arrangements (such as the owner covering excessive costs or

general property improvements) are required or anticipated, arrangements must be made prior to bidding to prevent soliciting bids on a case that cannot be financed. When the case receives preliminary approvals, bids are solicited for the job.

B. Bidding

Bidding of potential cases is conducted by the Housing Rehabilitation Specialist. Owners review the pre-approved list of eligible contractors before their cases are sent out for bids. Owners have the right to remove any contractor(s) from the list of prospective bidders for their case, as long as at least three (3) eligible contractors are allowed to bid. The owner must be willing to justify the removal of contractor(s) from the bidding list. Owners may also request additional contractors as bidders. If these owner-requested contractors submit the contractor application and are approved by the designated representative and are otherwise eligible, they may be added to the bidders list and bid on the case. The administrator makes maximum effort to ensure participation by minority contractors.

No housing unit owner or occupant, or employee or immediate relative of the same, either personally or corporately, shall serve as a contractor or sub-contractor to be paid with SHIP funds for the rehabilitation of said building, nor shall they be paid for their own labor with SHIP funds for the rehabilitation of said building.

A notice is sent to each eligible bidder to inform them of the job. Bidding notices will be posted at primary governmental buildings to the maximum practical extent. Newspaper advertising for individual jobs is not preformed, as contractors must be pre-qualified.

Each contractor must attend a pre-bid conference held at the house to be rehabilitated or inspect the house under the owner's supervision. Failure to do so will result in automatic rejection of his/her bid(s) for the house(s).

Sealed bids will be opened at a public bid opening. The Housing Rehabilitation Specialist will generally recommend that the contract be awarded to the lowest responsible bidder within plus or minus fifteen percent (15%) of the cost estimate.

Wakulla County and owner reserve the right to reject any and all bids and to

award in the best interest of the owner and Wakulla County. The owner must approve the bid award prior to signing contracts.

Each contractor must satisfactorily complete one job through the Housing

Rehabilitation Program before receiving any additional contracts. No contractor will be allowed to have more than two (2) jobs under construction at one time without consent of the local government designated representative unless:

1) the anticipated date of commencement is after the scheduled and estimated date of completion of current jobs; or

2) the contractor has demonstrated, through past performance, his/her ability

to satisfactorily complete multiple contracts in a timely manner thereby causing no impact on project and program completions.

This rule may be waived by the Wakulla County Board of County

Commissioners if it is determined that there is an inadequate pool of qualified bidders, if the other bids are excessive, or if other extenuating circumstances arise.




Jennifer Langston, Special Projects Director

Subject: Request Board Approval of a Joint Resolution of the Coastal Counties of the Northwest Florida Panhandle Region, Relating to the Deepwater Horizon Oil Spill

Statement of Issue: This agenda item requests Board approval of a Joint Resolution with 7 other coastal counties in Northwest Florida related to the Deepwater Horizon Oil Spill for submittal to its federal delegates. Background: Wakulla County was asked to participate henceforward with the other 7 coastal counties by Escambia County Commissioner, Grover Robinson. The coastal counties include Escambia, Santa Rosa, Okaloosa, Walton, Bay, Gulf, and Franklin. The coalition has been holding scheduled meetings and recently recognized Wakulla County as an impacted County. This active group is formed to maximize its resources and come together to seek assistance to help mitigate and assist with recovery from both environmental and economic damages from the oil spill. The group has recognized various federal legislation exists and does not address all of the intricate issues, and has drafted the attached Resolution for your support to provide a unified approach to address the use of allocated funds to federal delegates for their consideration (Attachment #1). Analysis: This agenda item seeks Board approval of the attached resolution. Representatives of the task force are traveling to Washington DC on May 10, 2011 to meet with various congressional members to deliver the 8 County Resolution in support of the pending federal legislation as a coordinated plan for the region. The Resolution requests funds be used to support the following:

Mabus Report, Allocate 80% of all Clean Water Act finds for restoration efforts, State and Federal funds/projects should address economic, environmental and health

projects, Limit administrative costs

Endorse equitable distribution of monies in an apolitical formula. Budgetary Impact:

Agenda Request: Request Board Approval of a Joint Resolution of the Coastal Counties of the Northwest Florida Panhandle Region, Relating to the Deepwater Horizon Oil Spill May, 2, 2011 Page 2 No Budgetary Impact. Options: 1. Adopt the Joint Resolution Relating to the Deepwater Horizon Oil Spill. 2. Do Not Adopt the Joint Resolution Relating to the Deepwater Horizon Oil Spill. 3. Board direction. Recommendation: Option #1 Attachment(s): 1. Draft Proposed Resolution




Heather Encinosa, County Attorney

Subject: Request Board Approval of the Proposed Wakulla County Sensitive Information Policy

Statement of Issue: This agenda item requests Board approval of the proposed Wakulla County Sensitive Information Policy (Attachment #1). Background: The Federal Trade Commission’s Identity Theft Red Flags Rule, originally adopted at 16 C.F.R. 681.1 (the “Red Flags Rule”), is intended to help protect all persons residing and doing business in from damages related to the loss or misuse of Sensitive Personal Information. This rule applies to all “creditors,” which includes any entity regularly providing services for which customers are billed or collects payments for services over time. This definition would include the County in certain instances. Analysis: The Red Flags Rule applies to “creditors”. For purposes of the rule, a “creditor” includes any entity, including a local government, regularly providing services for which customers are billed, as well as one who collects payment for services over time. As Wakulla County provides services that may fall within the scope of the Red Flags Rule, including sewer service to some residents and businesses within the County, the County wishes to implement the Red Flags Rule in order to ensure that all customer information is protected from identity theft. The types of accounts that will be covered by this policy include those involving multiple payments or transactions. This will include any account for which services are provided and billed on a continuous basis, and those accounts for which the County allows payment over time. It shall also apply to any account of the County which includes confidential account information that may be accessed remotely due to the potential risk of identity theft. It shall not apply to accounts established for the one-time payment of a one-time fee, unless such account is accessible remotely. This Policy applies to all County employees and departments as well as all County contractors, subcontractors, consultants, and their employees to the extent of their involvement with covered accounts. This Policy is intended to prevent, detect, and mitigate identity theft that may occur in connection

Request Board Approval of the Proposed Wakulla County Sensitive Information Policy May 2, 2011 Page 2 with opening new covered accounts and operating existing ones. It will:

Set forth the scope of the Red Flags Policy. Establish means of identifying red flags. Establish means of detecting red flags. Establish a process for addressing red flags if detected. Provide a process for administering this Policy including provision for employee training

and updating of the Policy. Budget Impact: None anticipated at this time. Options: 1. Approve the proposed Wakulla County Sensitive Information Policy. 2. Do Not Approve the Proposed Wakulla County Sensitive Information Policy. 3. Board direction. Recommendation: Option #1 Attachments: 1. Proposed Policy

WAKULLA COUNTY BOARD OF COUNTY COMMISSIONERS SENSITIVE INFORMATION POLICY

Adopted: ___, 2011

I. PURPOSE. The Board of County Commissioners of Wakulla County, Florida, adopts this policy (the “Red Flags Policy”) to comply with the Federal Trade Commission’s Identity Theft Red Flags Rule, originally adopted at 16 C.F.R. 681.1 (the “Red Flags Rule”), and to help protect all persons residing and doing business in Wakulla County from damages related to the loss or misuse of Sensitive Personal Information. This Policy is intended to prevent, detect, and mitigate identity theft that may occur in connection with opening new covered accounts and operating existing ones. It will:

Set forth the scope of the Red Flags Policy. Establish means of identifying red flags. Establish means of detecting red flags. Establish a process for addressing red flags if detected. Provide a process for administering this Policy including provision for employee training

and updating of the Policy. II. SCOPE. The Red Flags Rule applies to “creditors”. For purposes of the rule, a “creditor” includes any entity, including a local government, regularly providing services for which customers are billed, as well as one who collects payment for services over time. As Wakulla County provides services that may fall within the scope of the Red Flags Rule, including sewer service to some residents and businesses within the County, the County wishes to implement the Red Flags Rule in order to ensure that all customer information is protected from identity theft. The types of accounts that will be covered by this policy include those involving multiple payments or transactions. This will include any account for which services are provided and billed on a continuous basis, and those accounts for which the County allows payment over time. It shall also apply to any account of the County which includes confidential account information that may be accessed remotely due to the potential risk of identity theft. It shall not apply to accounts established for the one-time payment of a one-time fee, unless such account is accessible remotely. This Policy applies to all County employees and departments as well as all County contractors, subcontractors, consultants, and their employees to the extent of their involvement with covered accounts.

1

Notwithstanding the provisions of this Policy, all County records subject to Florida’s broad public records law shall remain so. This Policy is not intended to circumvent any attempt to obtain public records and should be read in conjunction with Florida’s public records laws and in the event of a conflict, County staff shall provide information in a manner that is consistent with Florida Statutes. If an employee is uncertain as to whether information should be provided pursuant to a public records request, the employee should contact a supervisor for assistance. III. DEFINITIONS. “Sensitive Personal Information” means the following items whether stored in electronic or printed format: credit card information, tax identification numbers, social security numbers, payroll information, medical information, other personal information belonging to customers including date of birth, phone numbers, address, maiden name, corporate information, or Proprietary or Confidential Information. “Proprietary or Confidential Information” includes, but is not limited to: business methods, customer utilization information, retention information, sales information, marketing and other Company strategy, computer codes, screens, forms, information about, or received from, Company's current, former and prospective customers, sales associates or suppliers or any other non-public information. Proprietary or Confidential Information also includes the name and identity of any customer or vendor and the specifics of any relationship between and among them and the company. IV. IDENTIFYING RED FLAGS. The first step in protecting against identity theft is identifying red flags that indicate someone is attempting to commit identity theft. A “red flag” is any potential pattern, practice, or activity which could create an opening or possibility for identity theft. For the purposes of this Policy, the following red flags have been identified: A. Suspicious documents, including, but not limited to:

1. Identification that appears to be altered or forged. 2. A photo or description on a method of identification not matching the person

presenting it. 3 Information on an identification card not matching other information documents

provided to verify identification or statements from person providing the information.

4. An application that appears to be altered, forged, or torn and reassembled.

B. Suspicious personal identifying information, including, but not limited to:

2

1. Inconsistencies in information provided by customer or discovered in processing the information.

2. An address, phone number, or other personal information used on the account

which is known or determined to be fraudulent or invalid, or information associated with a pager or answering service.

3. A social security number that is associated with another account. 4. An address or telephone number that is associated with another account. 5. Omission of required information on an application that is not provided after

notice to the applicant. 6. A failure to provide authenticating information beyond what is generally available

from a credit report or wallet. C. Notice of fraud or identity theft from other sources associated with the name on the

customer account. V. DETECTING RED FLAGS Once red flags have been identified, the County must ensure that those red flags are detected during the day-to-day operations of the County and its contractors. A. New Accounts. When verifying the identity of a person opening a new account, customers must provide the following information: name, address, photo identification if opened in person, identification number if not opened in person. If the customer is a corporate customer, the person opening the account, if not a principal of the corporation, must also provide proof of authorization to open the account from a principal of the corporation. County personnel will be responsible for reviewing the above information and photo to ensure that all information is consistent and matches the person presenting the information and photo identification. B. Existing Accounts. When verifying the identity of a customer contacting the County or a County contractor providing services on behalf of the County, County or contractor employees shall require that the customer to provide his or her name, address, and account number or telephone number. VI. ACTIONS TAKEN UPON DETECTION OF RED FLAGS If a red flag is detected, the County shall respond in the following manner, depending on the severity of the flag:

3

A. Monitor a covered account for evidence of identity theft. B. Contact the customer if account activity suggests identity theft. C. Request additional forms of identification. D. Close the account and no longer providing service. E. Reopen closed accounts with new account numbers. F. Not open a new account. G. Notify law enforcement. H. Determine that no response is warranted based on the circumstances. In the event activity appears to have exposed a customer’s social security number or bank account information to identity theft, the County employee or contractor shall immediately notify the customer and the appropriate law enforcement agency. VII. ADMINISTRATION OF POLICY In general this Policy will be administered by the County Administrator or an appropriate designee. Senior staff in each County department shall be responsible for ensuring that subordinate employees with employment functions involving covered accounts are properly trained and informed of the content of this Policy. A. Updating Policy Identity theft methods may change rapidly as technologies change and identity thieves become more sophisticated. County staff will review and consider updates to this Policy at least once each year or upon the occurrence of any of the following:

1. Receipt of notice of new identity theft tactics. 2. Receipt of notice of new methods to detect, prevent, and mitigate identity theft. 3. Changes in the covered accounts offered by the County. 4. Changes in County processes relating to covered accounts.

If updates are necessitated, staff will present proposed changes to the Board of County Commissioners for review and approval. B. Informing and Training Staff

4

5

Every employee and contractor performing work for the County that involves covered accounts shall receive a copy of this Policy and will comply with the following requirements:

1. File cabinets, desk drawers, overhead cabinets, and any other storage space containing documents with Sensitive Personal Information will be locked when not in use.

2. Storage rooms containing documents with Sensitive Personal Information and

record retention areas will be locked at the end of each workday. 3. Desks, workstations, work areas, printers and fax machines, and common shared

work areas will be cleared of all documents containing Sensitive Personal Information when not in use.

4. When documents containing Sensitive Personal Information are discarded they

will be placed inside a locked shred bin or immediately shredded using a mechanical cross cut or Department of Defense (DOD) approved shredding device. Locked shred bins shall be labeled “confidential paper shredding.”

5. Sensitive Personal Information may only be transmitted by email if necessary, and

must include the following statement: "This message may contain confidential or proprietary information and is intended for the person/entity to whom it was originally addressed. Any use by others is strictly prohibited.”

In addition to receiving a copy of the most up to date version of the Policy upon beginning employment with the County, employees shall be responsible for reviewing all updates to the Policy upon approval by the Board. Employees shall review the Policy and contact supervisors if any questions regarding the Policy or its implementation. Supervisory staff shall have responsibility for ensuring that their subordinates understand and properly implement the Policy. Subcontractors with responsibilities for covered accounts shall enforce this Policy in the event the subcontracting company has not adopted its own Red Flags Policy to help prevent and detect identity theft. The County shall also provide a copy of the County’s Policy to subcontractors.


Date of Meeting: May 2, 2011 Date Submitted: April 15, 2011 To: Honorable Chairman and Members of the Board From: Timothy P. Barden, Interim County Administrator Cleve Fleming, Public Works Project Director Subject: Request Board Direction Regarding Scheduling and Advertising a

Public Hearing to Approve Placement of Traffic Calming Devices on Pixie Circle

______________________________________________________________________________ Statement of Issue: This agenda item requests Board direction regarding scheduling and advertising a public hearing to approve placement of traffic calming devices on Pixie Circle. Background: On August 1, 2005, the Board of County Commissioners approved a policy and procedure for installation of speed control devices. The policy reads as follows:

1. A citizen desiring to have speed control devices installed on a particular road must first check with the Planning Department and ascertain that the road they desire the calming devices on is classified as a local County road. Only local County roads will be considered.

2. Once a written request is completed and submitted to the County Administrator’s Office, the Administrator will request the Wakulla County Public Works Office to conduct a speed survey. The survey must be conducted during both a weekday and a weekend day. A road will be determined to have a problem when 25% or more of the drivers exceed the posted speed limited by 5 MPH or more.

3. Once a road is determined to have a speed problem, citizens desiring to have speed control devices installed on a particular road or road section must obtain a “Traffic Calming Device” petition from the County Administrator’s Office. They must obtain signatures of at least 75% of the residents fronting the section of proposed roadway.

4. After receipt of the complete and verified petition, the County Administrator will advertise the public roadway being considered for speed control devices at least two weeks in advance of a Board of County Commissioners Meeting.

5. The County will erect signs stating that speed control devices are being considered for this section of roadway with a public hearing date schedule. The signs will remain in place for two weeks to advise all concerned citizens of the proposed action.

6. The County Administrator is responsible for enacting the decision of the Board.

Agenda Request: Request Board Direction Regarding Scheduling and Advertising a Public Hearing to Approve Placement of Traffic Calming Devices on Pixie Circle May 2, 2011 Page 2 Analysis:

The residents of Pixie Circle have requested traffic Calming Devices as per the Board’s Policy and Procedure. In addition, the traffic data requirements outlined in the County’s policy have been met. The final step in the process requires a Public Hearing to be scheduled in order to allow public input on this project.

During a four day survey conducted on Pixie Circle, the average daily traffic count was as follows: Friday 104 trips; Saturday 91 trips; Sunday 72 trips; and Monday 38 trips.

The traffic data analysis indicates that the percentage of traffic exceeding the posted speed limit of 25 MPH is as follows: Friday 50%, Saturday 18.68%, Sunday 56.94%, and Monday 26.32%. It should be noted there is no funding available at this time for this project; however, the item is being presented at this time due to the fact the citizens of Pixie Circle have met the Board’s Policy for this project. It is at the discretion of the Board to proceed or not to proceed with scheduling the public hearing to consider approving the project. The estimated cost to place the traffic calming devices is $10,000. Since there are no funds available, the Board may want to consider this project in next year’s budget.

Budgetary Impact: The estimated cost of the Traffic Calming Devices is $10,000 which would be funded from the 9 cent local option gas tax (160-0300-541-460-000); however, at this time, funding is not available.

Options: 1. Approve to schedule and advertise a Public Hearing on June 2, 2011 to consider

approving placement of traffic calming devices on Pixie Circle. 2. Do not approve to schedule and advertise a Public Hearing on June 2, 2011 to consider

approving placement of traffic calming devices on Pixie Circle. 3. Board Direction.

Recommendation: Option #3 Attachments: 1. BOCC Traffic Calming Policy 2. Signed Petition for Installation of Devices 3. Attached Survey of Traffic Speed


ted:

From:

Heather J. Encinosa, County Attorney

Subject: Request Board Approval of the Initial Assessment Resolution for Solid Waste Management and Disposal

Date of Meeting: May 2, 2011 Date Submit April 15, 2011

To: Honorable Chairman and Members of the Board

Timothy Barden, Interim County Administrator

Cleve Fleming, Public Works Director

Statement of Issue: This agenda item requests Board approval of the Initial Assessment Resolution for Solid Waste Management and Disposal, sets the preliminary assessment rate, establishes the public hearing in ccordance with Section 197.3632, Florida Statutes, and provides for the required statutory notice of a

said hearing. Background: On May 3, 2010, the Board adopted the Master Assessment Ordinance, which establishes the

oard held the first workshop on the proposed solid waste program, and on ay 17, 2010, the Board ratified the first solid waste workshop and elected to proceed with the

n September 9, 2010, the Board held the final public hearing, but did not adopt the Final

n December 16, 2010, the Board held another workshop on the solid waste program and reached a

oner Brock, the item was tabled until this meeting to allow additional time for ommissioner Brock to explore adding solid waste collection services to the proposed assessment

program.

process for imposition of service and capital assessments. On May 6, 2010, the BMassessment program. OAssessment Resolution. Oconsensus to bring the Solid Waste Assessment forward again for consideration. On February 7, 2011, this Initial Assessment Resolution was before the Board, but at the request of CommissiC

Agenda Request: Request Board Approval of the Initial Assessment Resolution for Solid Waste Management and Disposal

May 2, 2011

Page 2

Analysis: Disposal Services and Facilities The Initial Assessment Resolution for Solid Waste Management and Disposal sets the preliminary assessment rate, establishes the public hearing in accordance with Section 197.3632, Florida Statutes, and provides for the required statutory notice of said hearing. This Resolution will establish the maximum assessment rates for the fiscal year beginning on October 1, 2011. At the public hearing the Board can decrease these rates (or set no assessment at all), but not increase them. In sum, this Resolution provides for the following: (1) Sections 1 and 2 recite the authority for this resolution and certain definitions.

(2) Section 3 contains certain legislative findings concerning special benefit and fair and reasonable apportionment, which are the legal standards for a valid special assessment.

(3) Section 4 provides for the imposition of the solid waste assessment in both the unincorporated areas and the incorporated areas of the County since solid waste disposal responsibilities are legislatively preempted to the County; municipalities are not allowed to provide solid waste disposal facilities.

(4) Section 5 establishes the initial Solid Waste Cost and sets forth the proposed

apportionment method for that cost. The proposed apportionment method is to allocate the Solid Waste Cost among all parcels of Residential Property within the County based upon the number of Dwelling Units located on each parcel. The initial assessment rate is $112.00 per dwelling unit.

(5) Section 6 calls for the preparation of the initial Solid Waste Assessment Roll. (6) Section 7 establishes the public hearing for the final consideration of the Solid Waste

Assessment, which will be on June 20, 2011. (7) Sections 8 and 9 provide for the statutorily required notice by publication and first

class mail. (8) Section 10 establishes the effective date.

Agenda Request: Request Board Approval of the Initial Assessment Resolution for Solid Waste Management and Disposal

May 2, 2011

Page 3

Collection Services It should be noted that at this time, there are not provisions in the resolution for solid waste collection services to be included. If the Board wishes to formally explore this option, the recommended actions would be as follows:

(1) Issue an RFP to seek a franchised hauler for residential and non-residential solid

waste collection services within the county; (2) After the responses were received, the Board would need to negotiate and enter into

a franchise agreement with the selected hauler; (3) Institute a mandatory collection ordinance requiring all properties within the county

to subscribe for solid waste collection services from the selected hauler; and (4) Amend the solid waste assessment either for FY 2011-12 or future fiscal years to

include the collection component for residential solid waste. All non-residential waste would be direct billed by the hauler. Budgetary Impact: There is no budgetary impact to the County by approving this Resolution. The proposed assessment rate will be absorbed by residential property owners. Options: 1. Adopt the Initial Assessment Resolution for Solid Waste Management and Disposal

Services. 2. Do not Adopt the Initial Assessment Resolution for Solid Waste Management and Disposal

Services. 3. Direct Staff to Issue an RFP Seeking A Franchised Solid Waste Hauler. 4. Do not Direct Staff to Issue an RFP Seeking A Franchised Solid Waste Hauler. 5. Board Direction. Recommendation Options #1 and #5 Attachments: 1. Initial Assessment Resolution for Solid Waste Management and Disposal Services


INITIAL ASSESSMENT RESOLUTION

SOLID WASTE ADOPTED MAY 2, 2011

i

TABLE OF CONTENTS Page SECTION 1. AUTHORITY. .............................................................................................1 SECTION 2. PURPOSE AND DEFINITIONS. ...............................................................1 SECTION 3. LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT AND FAIR APPORTIONMENT. ...............................................................6 SECTION 4. SOLID WASTE COLLECTION AND DISPOSAL SERVICES. ..............8 SECTION 5. DETERMINATION OF SOLID WASTE COST; ESTABLISHMENT OF INITIAL SOLID WASTE SERVICE ASSESSMENTS.......................9 SECTION 6. SOLID WASTE ASSESSMENT ROLL. ....................................................9 SECTION 7. AUTHORIZATION OF PUBLIC HEARING. .........................................10 SECTION 8. NOTICE BY PUBLICATION...................................................................10 SECTION 9. NOTICE BY MAIL. ..................................................................................11 SECTION 10. HARDSHIP ASSISTANCE. .....................................................................11 SECTION 11. EFFECTIVE DATE...................................................................................13 APPENDIX A. FORM OF NOTICE TO BE PUBLISHED. ........................................... A-1 APPENDIX B FORM OF NOTICE TO BE MAILED. ..................................................B-1

1

RESOLUTION NO. 2011-__________

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF WAKULLA COUNTY, FLORIDA, RELATING TO THE DISPOSAL OF SOLID WASTE IN ALL INCORPORATED AND UNINCORPORATED AREAS OF WAKULLA COUNTY, FLORIDA; DESCRIBING THE METHOD OF ASSESSING SOLID WASTE COSTS AGAINST ASSESSED RESIDENTIAL PROPERTY LOCATED IN THE COUNTY; DETERMINING THE SOLID WASTE COST AND THE INITIAL SOLID WASTE SERVICE ASSESSMENTS; PROVIDING FOR HARDSHIP ASSISTANCE; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING AN EFFECTIVE DATE.

BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF

WAKULLA COUNTY, FLORIDA, AS FOLLOWS:

SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions of the

Master Service Assessment Ordinance, Ordinance No. 2010-04 (the "Ordinance"), Article VIII,

Section (6)(e), Florida Constitution, sections 125.01 and 166.021, Florida Statutes, the Wakulla

County Home Rule Charter, and other applicable provisions of law.

SECTION 2. PURPOSE AND DEFINITIONS. This resolution constitutes the Initial

Assessment Resolution as defined in the Ordinance. All capitalized words and terms not otherwise

defined herein shall have the meanings set forth in the Ordinance. Unless the context indicates

otherwise, words imparting the singular number, include the plural number, and vice versa. As used

in this Initial Assessment Resolution, the following terms shall have the following meanings, unless

the context hereof otherwise requires:

"Biomedical Waste" means any Solid Waste or liquid waste which may present a threat of

infection to humans. The term includes, but is not limited to, non-liquid human tissue and body

parts, laboratory and veterinary waste which contains human disease-causing agents, used

disposable sharps, human blood, and human blood products and body fluids, and other materials

which represent a significant risk of infection to persons outside of the generating facility.

"Building" means any structure, whether temporary or permanent, built for support, shelter

or enclosure of persons, chattel, or property of any kind. This term shall include mobile homes or

any vehicles serving in any way the function of a Building.

"Bulk Trash" means any non-vegetative large items of various types which cannot be cut

for placement in a garbage container. Bulk Trash shall not include White Goods, automobiles and

automotive components, internal combustion engines or Construction Debris. Bulk Trash shall

include carpeting of any diameter if folded, tied and rolled or bundled and cut in lengths of six (6)

feet or less.

"Construction and Demolition Debris" means discarded materials generally not water

soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete, or

roofing material, pipe, gypsum wallboard, and lumber. Construction and Demolition Debris shall

include materials from the construction or destruction of a structure as part of a construction or

demolition project, and including rocks, soils, stumps, and other vegetative matter which normally

results from land clearing or land development operations for a construction or home improvement

project.

"Dwelling Unit" means a Building, or a portion thereof, which may be lawfully used for

residential purposes, consisting of one or more rooms arranged, designed, used, or intended to be

used as living quarters for one family unit only.

2

"Garbage" means every accumulation of animal, vegetable, or other matter that attends the

preparation, consumption, decay, dealing in, or storage of, meats, fish, fowl, birds, fruit or

vegetables, or other putrescible matter, including animal feces, and also including cans, containers or

wrappers along with the materials.

"Hazardous Waste" means Solid Waste, or a combination of Solid Wastes, which, because

of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or

significantly contribute to, an increase in mortality or an increase in serious irreversible or

incapacitating reversible illness or may pose a substantial present or potential hazard to human

health or the environment when improperly transported, disposed of, stored, treated, or otherwise

managed.

"Improved Property" means all property in the County on which a Building or other

improvements have been placed or constructed, which improvements result in such property

generating Solid Waste or being capable of generating Solid Waste.

"Low-Income Persons" means one or more natural persons, the total adjusted gross

household income of which does not exceed 80% of the median adjusted gross income for

households within the metropolitan statistical area covering the County as reported by the U. S.

Department of Housing and Urban Development or its governmental successor in function.

"Prohibited Waste" means any Hazardous Waste, Biomedical Waste, Construction and

Demolition Debris, or Special Waste.

"Recovered Materials" means metal, paper, glass, plastic, textile, or rubber materials that

have known recycling potential, can be feasibly recycled and have been diverted and source

separated or have been removed from the solid waste stream for sale, use, or reuse.

3

4

"Residential Property" means all Improved Property within the County that contains a

Dwelling Unit.

"Rubbish" means every accumulation of paper, excelsior, rags, wooden and paper boxes or

containers, sweepings and all other accumulations of materials, other than garbage, which are usual

to household keeping and to the operation of stores, offices and other business places, and also

bottles, cans or containers.

"Solid Waste" includes Garbage, Yard Trash, Trash, Rubbish, or other discarded material

usual to housekeeping and generated solely by residents in the ordinary course of residential

occupancy of a Dwelling Unit, excluding automobile bodies and parts, and shall exclude Prohibited

Waste.

"Solid Waste Assessment Roll" means the Assessment Roll as defined in the Ordinance

relating to the Solid Waste Service Assessments.

"Solid Waste Service Assessment" means a Service Assessment, as defined in the

Ordinance, lawfully imposed by the County against Assessed Property to fund all or any portion of

the cost of the provision of Solid Waste management and disposal services, facilities, or programs

providing a special benefit to property as a consequence of possessing a logical relationship to the

value, use, or characteristics of the Assessed Property.

"Solid Waste Cost" means the Service Cost, as defined in the Ordinance, which is the

amount necessary to fund the County's management and disposal of Solid Waste and the recycling

activities of Recovered Materials that are allocable to Assessed Property during a Fiscal Year and

shall include, but not be limited to: (A) the cost, whether direct or indirect, of all services, programs

or facilities provided by the County, or through contractual arrangements with the County relating to

Solid Waste management and disposal activities; (B) the cost of any indemnity or surety bonds and

premiums for insurance; (C) the cost of salaries, volunteer pay, workers' compensation insurance, or

other employment benefits; (D) the cost of computer services, data processing, and communications;

(E) the cost of training, travel and per diem; (F) the recovery of unpaid or delinquent fees or charges

advanced by the County and due for Solid Waste management and disposal services, programs or

facilities allocable to specific parcels; (G) the cost of engineering, financial, legal or other

professional services; (H) all costs associated with the structure, implementation, collection, and

enforcement of the Solid Waste Service Assessments or a prior year's assessment for a comparable

service, facility or program, including any service charges of the Tax Collector or Property

Appraiser; (I) all other costs and expenses necessary or incidental to the acquisition, provision, or

delivery of the services, programs or facilities funded by the Solid Waste Service Assessment, and

such other expenses as may be necessary or incidental to any related financing authorized by the

Board; (J) a reasonable amount for contingency and anticipated delinquencies and uncollectible

Solid Waste Service Assessments; and (K) reimbursement to the County or any other Person for any

monies advanced for any costs incurred by the County or such Person in connection with any of the

foregoing items of Solid Waste Cost.

"Special Waste" means Solid Waste that requires special handling and management,

including, but not limited to, asbestos, whole tires, used tires, and Biomedical Wastes. Special

Waste shall also include any quantities of used oil, lead-acid batteries, White Goods, Bulk Trash,

and Yard Trash that exceed an amount expected to be produced by residents in the ordinary course

of residential occupancy of a Dwelling Unit.

"White Goods" means discarded refrigerators, washing machines, dryers, ranges, water

heaters, freezers, air conditioning units, and other similar large appliances.

5

6

"Yard Trash" means vegetative matter resulting from normal yard and landscaping

maintenance or land clearing operations and shall include materials such as tree and shrub

trimmings, grass clippings, palm fronds, trees and tree stumps.

SECTION 3. LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT AND

FAIR APPORTIONMENT. It is hereby ascertained, declared and determined that the Solid Waste

Costs provide a special benefit to the Assessed Property based upon the following legislative

determinations:

General

(A) Upon the adoption of this Initial Assessment Resolution determining the Solid Waste

Costs and identifying the Assessed Property to be included in the Assessment Roll, the legislative

determinations declared in Section 1.03 of the Ordinance are hereby ratified and confirmed.

(B) Pursuant to Section 403.706, Florida Statutes, the responsibility and power to provide

for the operation of solid waste disposal facilities to meet the needs of all incorporated and

unincorporated areas of the County has been legislatively granted and preempted to the County.

(C) Pursuant to Chapter 62-701 of the Florida Administrative Code, the County is

obligated to provide for closure, long term care, monitoring and associated services, facilities, and

programs for the County landfill in accordance with all associated permits.

(D) Pursuant to Section 403.7125(3), Florida Statutes, the County is directed to establish

a fee, surcharge, or other appropriate revenue-producing mechanism to ensure the availability of

financial resources for the proper closure of its landfill at a rate that is sufficient to meet the state and

federal landfill closure requirements.

(E) The existence of any Building or other improvement on Improved Property results in

such property generating Solid Waste or being capable of generating Solid Waste.

7

(F) The imposition of a recurring annual Solid Waste Service Assessment is an

alternative, equitable and efficient method to fairly and reasonably apportion and recover the Solid

Waste Costs experienced by the County among the parcels of Residential Property.

Special Benefit

(G) Solid Waste management and disposal services, facilities, and programs furnished by

the County possess a logical relationship to the use and enjoyment of Residential Property by

providing: (1) Solid Waste management and disposal services, facilities, and programs to the

Owners and occupants of Residential Property for proper, safe, and cost effective disposal of Solid

Waste generated on such property, (2) better service to Owners and tenants, (3) the enhancement of

environmentally responsible use and enjoyment of Residential Property, and (4) the protection of

property values and the health and safety of the Owners and occupants of Residential Property

resulting from the uniform availability of such services, facilities, and programs.

(H) The provision of comprehensive Solid Waste management and disposal services and

programs furnished by or through the County to Residential Property enhances and strengthens the

relationship of such services and programs to the use and enjoyment of Residential Property within

the County.

Apportionment

(I) It is fair and reasonable to use the DOR Codes to apportion the Solid Waste Cost

among parcels of Assessed Property located within the County because: (1) the Tax Roll database

employing the use of such property use codes is the most comprehensive, accurate, and reliable

information readily available to determine the property use and number of Dwelling Units for

Residential Property within the County, and (2) the Tax Roll database is maintained by the Property

Appraiser and is consistent with the coding of parcel designations on the Tax Roll which

8

compatibility permits the development of an Assessment Roll in conformity with the requirements of

the Uniform Assessment Collection Act.

(J) The size or value of Residential Property does not determine the scope and cost of

Solid Waste management and disposal services to be provided to such property. The use of Solid

Waste management and disposal services, facilities, and programs is driven by the existence of a

Dwelling Unit and the average occupant population.

(K) The County's obligations to budget and provide an adequate Solid Waste disposal

facility, landfill closure, monitoring and associated services, facilities, and programs are necessary to

comply with state mandates, permit requirements, and existing environmental laws.

(L) Apportioning the Solid Waste Costs for Solid Waste management and disposal

services provided to Residential Property within the County on a per Dwelling Unit basis is

compatible with the use of the Tax Roll data base, is required to avoid cost inefficiency and

unnecessary administration, and is a fair and reasonable method of apportioning Solid Waste Costs.

SECTION 4. SOLID WASTE MANAGEMENT AND DISPOSAL SERVICES.

(A) Upon the imposition of Solid Waste Service Assessments for Solid Waste

management and disposal services, facilities, and programs against Assessed Property located within

the incorporated and unincorporated areas of the County, the County shall cause the same to be

provided to such Assessed Property. Solid Waste Costs shall be paid from proceeds of the Solid

Waste Service Assessments.

(B) It is hereby ascertained, determined, and declared that each parcel of Assessed

Property will be benefited by the County's provision of Solid Waste management and disposal

services, facilities and programs in an amount not less than the Solid Waste Service Assessment

upon such parcel computed in the manner set forth in this Initial Assessment Resolution.

9

SECTION 5. DETERMINATION OF SOLID WASTE COST; ESTABLISHMENT OF

INITIAL SOLID WASTE SERVICE ASSESSMENTS.

(A) The Solid Waste Cost to be assessed and apportioned among benefited parcels for the

Fiscal Year commencing October 1, 2011, is $1,370,000. The approval of this Initial Assessment

Resolution determines the amount of the Solid Waste Cost. The remainder of such Fiscal Year

budget for Solid Waste services, facilities, and programs shall be funded from available County

revenue other than Solid Waste Service Assessments.

(B) For the Fiscal Year in which Solid Waste Service Assessments for Solid Waste

management and disposal services, facilities and programs are imposed, the Solid Waste Cost shall

be allocated among all parcels of Assessed Property within the County, based upon each parcels'

classification as Residential Property and the number of Dwelling Units for such parcels. A rate of

assessment equal to $112.00 for each Dwelling Unit for Solid Waste management and disposal

services is hereby approved for Fiscal Year 2011-12.

(C) The rate of the Solid Waste Service Assessments established in this Initial

Assessment Resolution shall be the rates applied by the County Administrator in the preparation of

the initial Assessment Roll for the Fiscal Year commencing October 1, 2011, as provided in Section

6 of this Initial Assessment Resolution.

SECTION 6. SOLID WASTE ASSESSMENT ROLL.

(A) The County Administrator is hereby directed to prepare, or cause to be prepared, an

initial Solid Waste Assessment Roll for the Fiscal Year beginning October 1, 2011, in the manner

provided in Section 3.03 of the Ordinance.

(B) Such initial Solid Waste Assessment Roll shall contain the following: (1) a summary

description of all Assessed Property within the County conforming to the description contained on

10

the Tax Roll, (2) the name and address of the owner of record of each parcel as shown on the Tax

Roll, and (3) the amount of the initial Solid Waste Service Assessment for Solid Waste management

and disposal services.

(C) The initial Solid Waste Assessment Roll shall be open to public inspection. The

foregoing shall not be construed to require that the initial Solid Waste Assessment Roll be in printed

form if the amount of the Solid Waste Service Assessment for each parcel of property can be

determined by use of a computer terminal available to the public. Such Solid Waste Service

Assessment for each parcel of Assessed Property shall be computed by multiplying the assessment

rate by the number of Dwelling Units on such parcel.

(D) It is hereby ascertained, determined, and declared that the foregoing method of

determining the Solid Waste Service Assessments for Solid Waste management and disposal

services (1) is a fair and reasonable method of apportioning the Solid Waste Cost among parcels of

Assessed Property and (2) is an equitable and efficient mechanism to recoup funds for Solid Waste

management and disposal services, facilities, and programs which are allocable to specific parcels of

Assessed Property.

SECTION 7. AUTHORIZATION OF PUBLIC HEARING. There is hereby established

a public hearing to be held at 5:00 p.m. on June 20, 2011, in the Board of County Commission

Chambers, 29 Arran Road, Crawfordville, Florida, for the purpose of (A) receiving and considering

any comments on the Solid Waste Service Assessments from affected property owners and (B)

authorizing the imposition of such Solid Waste Service Assessments for Solid Waste management

and disposal and collection on the same bill as ad valorem taxes.

SECTION 8. NOTICE BY PUBLICATION. The County Administrator shall publish a

notice, as required by Section 3.04 of the Ordinance, in substantially the form attached hereto as

11

Appendix A. Such notice shall be published not later than May 30, 2011 in a newspaper generally

circulated in the County.

SECTION 9. NOTICE BY MAIL. The County Administrator shall provide notice by first

class mail to the Owner of each parcel of Assessed Property, as required by Section 3.05 of the

Ordinance, in substantially the form attached hereto as Appendix B. Such notices shall be mailed

not later than May 30, 2011.

SECTION 10. HARDSHIP ASSISTANCE.

(A) It is hereby ascertained, determined, and declared that it is in the best interest of the

citizens of the County to assist Low Income Persons who are Owners of homesteaded Residential

Property with the financial burden created by the imposition of a Solid Waste Service Assessment.

(B) Accordingly as authorized in Section 2.06 of the Ordinance, there is hereby created

an economic hardship program to assist owners of homesteaded Residential Property who meet the

definition of Low-Income Persons as established herein. An owner of Residential Property who

meets low income level and asset guidelines specified by the County shall be eligible to receive

payment of a Solid Waste Service Assessment by the County. Applicants for this hardship

assistance shall provide written documentation satisfactory to the County Administrator in order to

qualify for such assistance. Any amounts provided for hardship assistance shall be paid by the

County from funds other than those generated by the Solid Waste Service Assessment.

(C) Prior to July 1, 2011 and prior to June 1 of each year thereafter, the applicant shall

file with the County Administrator an application under oath demonstrating entitlement to hardship

assistance as provided herein. Such application shall include the following:

(1) The name and address of all Owners of the Residential Property;

(2) The address and legal description for the Residential Property;

12

(3) Proof that the Residential Property is legally homesteaded;

(4) Proof of Total Household Income from all sources and other documentation required

to demonstrate qualification as a Low-Income Person; and

(5) Such other information relating to the application as may be reasonably requested.

(D) The County Administrator, with the assistance of other members of the administrative

staff of the County, shall, within thirty (30) days after the filing of such application, review the

application and such other supporting data that may be filed therewith and make such further

investigation as may be reasonably required in order to determine if the applicant is qualified for

hardship assistance pursuant to this Section.

(E) The County Administrator shall furnish his or her written decision to such applicant

by United States mail, postage prepaid, addressed to the applicant at the address stated on the

application on or before the expiration of twenty (20) days following the filing of the application

determining if the applicant is or is not qualified for hardship assistance pursuant to this Section.

(F) Any shortfall in the expected Solid Waste Service Assessment proceeds due to any

hardship assistance provided herein shall be supplemented by any legally available funds, or

combination of such funds, and shall not be paid for by proceeds or funds derived from the Solid

Waste Service Assessments. In the event a court of competent jurisdiction determines any assistance

provided by the Board is improper or otherwise adversely affects the validity of the Solid Waste

Service Assessment imposed for any Fiscal Year, the sole and exclusive remedy shall be the

imposition of a Solid Waste Service Assessment upon each affected Tax Parcel in the amount of the

Solid Waste Service Assessment that would have been otherwise imposed save for such assistance

afforded to such Tax Parcel by the Board.

13

SECTION 11. EFFECTIVE DATE. This Initial Assessment Resolution shall take

effect immediately upon its passage and adoption.

PASSED, ADOPTED AND APPROVED THIS _______ day of ___________________, 2011.

WAKULLA COUNTY, FLORIDA (SEAL)

Mike Stewart, Chairman

ATTEST: Brent X. Thurmond, County Clerk APPROVED FOR FORM AND CORRECTNESS By: Heather J. Encinosa, County Attorney

APPENDIX A FORM OF NOTICE TO BE PUBLISHED

A-1

To Be Published by May 30, 2011 NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF SOLID WASTE SERVICE SPECIAL ASSESSMENTS

Notice is hereby given that the Board of County Commissioners of Wakulla County, Florida

will conduct a public hearing to consider imposing solid waste special assessments against certain

improved residential properties located within the unincorporated and all incorporated areas of the

County to fund the cost of solid waste management and disposal services, facilities and programs

provided to such properties and to authorize collection of such assessments on the tax bill.

The hearing will be held at 5:00 p.m. on June 20, 2011, in the Commission Chambers, 29

Arran Road Crawfordville, Florida, for the purpose of receiving public comment on the proposed

assessments. All affected property owners have a right to appear at the hearing and to file written

objections with the Board within 20 days of this notice. If a person decides to appeal any decision

made by the Board with respect to any matter considered at the hearing, such person will need a

record of the proceedings and may need to ensure that a verbatim record is made, including the

testimony and evidence upon which the appeal is to be made. In accordance with the Americans

with Disabilities Act, persons needing a special accommodation or an interpreter to participate in

this proceeding should contact the Executive Assistant to the County Administrator at (850) 926-

0919, at least two (2) working days prior to the date of the hearing.

The assessments will be computed by multiplying the number of dwelling units on each

parcel of residential property by the rate of assessment. The rate of assessment for the upcoming

fiscal year shall be $112.00 per dwelling unit. Copies of the Master Service Assessment Ordinance,

the Initial Assessment Resolution for Solid Waste Services and the preliminary assessment roll,

showing the amount of the assessment to be imposed against each parcel of property are available

for inspection at the office of the County Administrator, 3093 Crawfordville Highway,

Crawfordville, Florida.

A-2

The assessments will be collected on the ad valorem tax bill to be mailed in November 2011,

as authorized by section 197.3632, Florida Statutes. Failure to pay the assessments will cause a tax

certificate to be issued against the property which may result in a loss of title.

If you have any questions, please contact the Office of Management and Budget at (850)926-

9500, Monday through Friday between 8:30 a.m. and 5:00 p.m., or visit our website at

www.mywakulla.com for additional information.

[INSERT MAP OF WAKULLA COUNTY]


APPENDIX B

FORM OF NOTICE TO BE MAILED

* * * * * THIS IS NOT A BILL * * * * *


NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF SOLID WASTE NON-AD

VALOREM ASSESSMENTS

NOTICE DATE: MAY 30, 2011

Wakulla County P.O. Box 1263 Crawfordville, Florida 32326

Owner Name Address City, State Zip

Tax Parcel #___________________ Sequence #____________________ Legal Description:_______________

* * * * * NOTICE TO PROPERTY OWNER * * * * *

Dear Property Owner,

As required by section 197.3632, Florida Statutes, Wakulla County is informing you that a new special assessment may be imposed against your property for the fiscal year October 1, 2011 – September 30, 2012 (and future fiscal years). The new special assessment is an annual charge for solid waste management and disposal services. This will be collected on your tax bill. The purpose of the solid waste assessment is to fund solid waste services that benefit residential property within the County. This assessment will eliminate fees for residential garbage delivered to the County’s facility on Dr. Martin Luther King Jr. Memorial Road. You will be able to bring your household waste to the County “landfill” without paying a landfill tipping fee. If your household garbage is picked up at your residence, you may see a reduction in your monthly fee. Any reduction in your monthly fee is dependent on the hauler and not negotiated by the County. The solid waste assessment will help to replace the County’s aging trash compactor and transfer station, reduce water pollution from garbage leachate, bring the County transfer station into state regulatory compliance and avoid potential fines, and reduce garbage dumping.

The total annual solid waste assessment revenue to be collected within the County, is estimated to be $1,370,000. The annual solid waste service assessment is based on the number of residential dwelling units contained on each parcel of property.

The total number of residential dwelling units on the above parcel is _________.

The solid waste service assessment for the above parcel is $_____________ for Fiscal Year 2011-12 and future fiscal years.

A more specific description of the assessment program is included in the Initial Assessment Resolution adopted by the Board of County Commissioners on May 2, 2011.

A public hearing will be held at 5:00 p.m. on June 20, 2011, in the Board of County Commission Chambers, 29 Arran Road, Crawfordville, Florida, for the purpose of receiving public comment on the proposed solid waste assessments and their collection on the tax bill. You and all other affected property owners have a right to appear at the hearing and to file written objections with the Board within 20 days of this notice. Pursuant to section 286.0105, Florida Statutes, if you decide to appeal any decision made by the Board with respect to any matter considered at the hearing or at any subsequent meeting to which the Board has continued its deliberations, you will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the Executive Assistant to the County Administrator at (850) 926-0919, at least two (2) business days prior to the date of the hearing.

Unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days from the date of Board action at the above hearing (including the method of apportionment, the rate of assessment and the imposition of assessments), such action shall be the final adjudication of the issues presented.

Copies of the Master Service Assessment Ordinance (Ordinance No. 2010-04), the Initial Assessment Resolution for Solid Waste, and the preliminary Assessment Roll for the upcoming fiscal year are available for inspection at the office of the County Administrator, located at 3093 Crawfordville Highway, Crawfordville, Florida.

Both the non-ad valorem assessment amounts shown on this notice and the ad valorem taxes for the above parcel will be collected on the ad valorem tax bill mailed in November. Failure to pay the assessments will cause a tax certificate to be issued against the property which may result in a loss of title.

If there is a mistake on this notice, it will be corrected. If you have any questions regarding your special assessments, please contact the Office of Management and Budget at (850) 926-9500, Monday through Friday between 8:30 a.m. and 5:00 p.m. or visit our website at www.mywakulla.com for additional information.

http://www.mywakulla.com/


Date of Meeting: May 2, 2011

Date Submitted: April 15, 2011 To: Honorable Chairman and Members of the Board


Heather J. Encinosa, County Attorney

Subject: Request Board Approval for Government Services Group (GSG) to Update the Tax Roll and Prepare Mailing First Class Notices for the Solid Waste Special Assessment

Statement of Issue: This agenda item requests Board approval for Government Services Group (GSG) to update the tax roll and prepare mailing First Class Notices for the Solid Waste Special Assessment. Background On February 16, 2010 the Board held a public hearing and adopted Resolution #10-08, Intent to Use the Uniform Method of Collection of Assessments to fund neighborhood improvements, facilities, and programs. Some improvements include road paving, road maintenance, storm water, sidewalks, street lighting, and beautification. On May 3, 2010, the Board approved a contract with Government Services Group (GSG) to prepare an assessment for Fire, Wakulla Gardens Stormwater and the Solid Waste Assessment Mailings Services. On May 6, 2010, the Board held the first workshop on the proposed solid waste program, and on May 17, 2010, the Board ratified the first solid waste workshop and elected to proceed with the assessment program. On September 9, 2010, the Board held the final public hearing, but did not adopt the Final Assessment Resolution. Subsequently, on December 16, 2010, the Board held another workshop on the solid waste program and reached a consensus to bring the Solid Waste Assessment forward again for consideration. Analysis The Board has agreed to bring the Solid Waste Assessment forward for approval. It should also be noted that the Board will be considering the Initial Assessment Resolution for Solid Waste Management and Disposal during this same meeting. If the Initial Assessment Resolution is not adopted, this item will not need to be voted on.

Request Board Approval for Government Services Group (GSG) to Update the Tax Roll and Prepare Mailing First Class Notices for the Solid Waste Special Assessment May 2, 2011 Page 2 Pursuant to Florida Statutes, the Solid Waste Assessment requires that all affected property owners receive first class mailing notices outlining the rate of the assessment of each assessment. GSG has previously done this type of work for the County as recently as last year for the Fire Assessment. If approved, GSG will be updating the tax roll and prepare the mailing first class notices. According to the County’s current Purchasing Policy, specifically Section 5.17, the County is exempt from competitively bidding consulting services. GSG previously prepared the Fire and Wakulla Gardens Stormwater Assessment Mailings. The scope of work that will be performed by GSG in mailing of the Solid Waste Assessment notice are listed as follows:

Update Notice Roll Develop First Class Notice for all property owners Merging, Printing and Processing First Class Notices Establish a Phone Bank to respond to citizen questions regarding the assessment Mailing of First Class Notices

The cost proposal from GSG to perform these services is $17,835. The Board also has the option to advertise and issue an Invitation to Bid (ITB) for production and mailing of the Solid Waste Assessment Mailings. However, it should be noted that there is an agenda item to set the public hearing for the Solid Waste Assessment Ordinance on this meeting’s agenda. If the Board wished to issue an ITB for these services, the public hearing date would need to be adjusted to accommodate the ITB timeframe. Staff is recommending approval of the cost proposal from Governmental Services Group (GSG) to produce and mail the Solid Waste Assessment Notices. Budgetary Impact: The cost proposal from GSG is $17,835. These costs will be paid from the Solid Waste fund and be recovered as part of the assessment. Options: 1. Approve the cost proposal from Government Services Group to update the tax roll and prepare

the mailings for the Solid Waste Assessment. 2. Do not approve the cost proposal from Government Services Group to update the tax roll and

prepare the mailings for the Solid Waste Assessment and Approve to issue an Invitation to Bid for these services.

3. Board direction. Recommendation: Option #1 Attachment(s) 1. Proposal/Scope from Government Services Group (GSG)

Wakulla County, Florida Agendamywakulla.com/document_center/May_2__2011_BOCC_Agenda.pdf · Wakulla County, Florida Agenda Regular Public Meeting Monday, May 2, 2011 Invocation ...

Documents