Okaloosa County BOCC — March 1, 2016 — Jan 19, 2016 Minutes — reading text

ordinance creating The Pines and Triple Lakes Estates Municipal Services Benefit Unit (MSBU). Mr. Jason Autrey, Public Works Director, submitted a new map to accompany the agenda request outlining the boundaries of the proposed MSBU. Mr. Harris made motion, seconded by Mr. Boyles, to schedule a public hearing as recommended by the County Attorney and Public January 19, 2016 -6- Minute Book 74, Page 91 Okaloosa County Board of County Commissioners Works Director. 5 yeas. Mr. Stewart advised the hearing should be set for February 16. GROWTH MANAGEMENT - SAFE HAVENS GRANT APPLICATION Mr. Elliot Kampert, Growth Management Director, requested the Chairman be authorized to sign the Safe Havens grant application and accompanying Memorandum of Understanding (MOU). This is a federal grant solicitation in the amount of $557,329 for a 36- month period beginning October 1, 2016. Mr. Harris made motion, seconded by Mrs. Ketchel, to authorize the Chairman to sign the grant application and MOU. 5 yeas. HUMAN RESOURCES - ADD GROUNDSKEEPER POSITION TOC FACILITIES AND PARKS MAINTENANCE DIVISION Ms. GinNeal McVay, Human Resources Director, requested approval to add a groundskeeper position in the Facilities and Parks Maintenance Division. She stated in 2013 the county picked up approximately 471,000 pounds of trash and debris from the beach. Ms. McVay reported that amount has grown to 940,000 pounds. This division purchased a third beach tractor/rake combination. Having an additional groundskeeper to run this tractor will allow the county to sweep 100% of the Destin beaches daily as opposed to three times per week on the West side and twice weekly on the east side. She said the TDC has agreed to fund the position completely out of the tourist parks budget. Mrs. Ketchel made motion, seconded by Mr. Boyles, to add the groundskeeper position and approve funding from the tourist parks budget. 5 yeas. PUBLIC HEARING - REQUEST BY DAVID PARISOT AND FRIENDS OF SHALIMAR LIBRARY TO VACATE PORTION OF RIGHT-OF-WAY IN BLOCK 52, TOWNSITE OF PORT DIXIE Mr. Stewart stated a petition has been received from Dave Parisot, acting on behalf of himself and the Friends of the Shalimar Library, to vacate portions of Eighth Street and Fifth Avenue 1in Block 52 in the Townsite of Port Dixie. He stated this hearing has ©been properly advertised and this 1s a legislative proceeding. Mr. Jason Autrey, Public Works Director, reported no comments or objections have been received. He also advised the petitioners have asked for all stipulations to be removed except retention of an easement for utilities. January 19, 2016 -7- Minute Book 74, Page 92 Okaloosa County Board of County Commissioners Mr. Dave Parisot, petitioner, stated this action will allow the Library to proceed with a site survey and then seek a development order. Mrs. Ketchel made motion, seconded by Mr. Harris, to adopt a resolution vacating the portions of right-of-way as advertised and to remove all stipulations except the stipulation retaining an easement for utilities and stormwater drainage purposes. 5 yeas. RESOLUTION NO. 16-40 PUBLIC HEARING - REQUEST BY SHAUL ZISLIN OF FWGV, LLC TO VACATE A PORTION OF MARLER DRIVE, SANTA ROSA ISLAND SUBDIVISION Mr. Stewart stated a request has been received from Shaul Zislin to vacate a portion of Marler Drive. He said the hearing has been properly advertised and advised this 1s a legislative proceeding. Mr. Stewart pointed out the Board previously approved an Agreement for Coordination of Development Activities between the County and Mr. Zislin. He stated that 1if the property 1s vacated, the petitioner agrees to construct a boardwalk and donate $110,000. (The boardwalk will be along the north side of the property and will connect to Marler Park.) Mr. Autrey stated there is a 30-day window for the donation of the $110,000. He said during earlier discussion on this proposed vacation, there was —concern about the addresses changing for residents of the condominium to the west of Marler Drive. Mr. Autrey told the Board he has verified the addresses will not change. He added the department has received no comments or objections on this proposed vacation. Mr. William Naftel, 14 Misty Waters Lane, stated he owns a unit at the adjoining condominium and has concerns this vacation will eliminate public access to the water. He showed the commissioners a picture of Miramar Beach taken in the 1940s. Mr. Naftel then said he has had offers to purchase his property and does not know how this vacation of right-of-way would affect those offers. FHe asked the Board not to approve this request. A representative of Preble-Rish, the consulting and engineering firm representing Mr. Zislin, stated there is currently private property between the subject right-of-way and the waterfront. He explained there is no public access without crossing private property. Continuing, he said per the terms of the development January 19, 2016 -8- Minute Book 74, Page 93 Okaloosa County Board of County Commissioners agreement, a boardwalk will be constructed to provide public access. Mrs. Ketchel recommended Mr. Zislin’s representative and Mr. Autrey meet with Mr. Naftel to show him what is planned for this area. She then made mction, seconded by Mr. Boyles, to adopt the resolution vacating the right-of-way as requested. Approval of the vacation validates the Agreement for Coordination of Development Activities approved and entered into by parties in November 2015. 5 yeas. RESOLUTION NO. 16-41 PUBLIC HEARING - AMENDING BLUEWATER BAY DEVELOPMENT OF REGIONAL IMPACT DEVELOPMENT ORDER Mr. Stewart stated the Board is asked to consider adoption of a resclution to amend the Bluewater Bay Development of Regional Impact (DRI) Development Order. He said an application to change the DRI was filed by Jesse Rigby, attorney representing Randy Wise Homes. The propcsal 1is to convert approximately 10.28 acres identified as Fairway #4 of the Magnolia Golf Course from the “Geclf” designation to a combination of “M/L” for seven acres and the remainder in open space. Mr. Stewart stated the hearing was properly advertised and this is a quasi-judicial proceeding. He asked the commissioners if they have any disclosures. Mr. Harris reported he has answered emails and requested more details. Mr. Boyles stated he has received emails from both sides but had no direct conversations. Mr. Windes advised that he has sat with the homeowners associlation, the developer and the owners of the property. Mrs. Ketchel said she has received correspondence but has no opinion. Mr. Goodwin stated he has received emails both for and against the request. Mr. Stewart asked the commissioners if they had received any information that would prevent them from being fair and impartial. All replied they had not. Mr. Stewart announced that anyone desiring to give testimony or present evidence should now stand tc be sworn in. Ms. Teresa Juliano apologized for interrupting but stated the agenda describes this public hearing differently than the two previously held. She said the agenda says “approval to conduct public hearing” and the others said “to consider the vacation..”. Mr. Stewart replied this is the public hearing. January 19, 2016 -9- Minute Book 74, Page 94 Okaloosa County Board of County Commissicners Mr. Stewart proceeded to administer the oath to those desiring to speak during the public hearing. Mr. Windes said the wording in the agenda item could lead someone to believe the Board was golng to consider the DRI amendment at a future hearing. He asked Mr. Stewart for confirmation to proceed. Mr. Harris asked how this item was advertised. Growth Management Director Elliot Kampert stated there was a two-column advertisement. Mr. Boyles noted that Mrs. Trawick, court reporter, will need everyone to speak clearly and to introduce themselves. Mr. Stewart asked the Chairman if it is possible to move on for a few moments, saying this could be an issue. The Chairman stated we will take a short recess so the County Attorney can look at this more closely. RECESS - The meeting was recessed at 6:50 p.m. and reconvened at 7:00 p.m. Mr. Stewart stated he has had an opportunity to review the department’s agenda request and the legal advertisement and reported they are both correct. However, he stated the description on the agenda is not correct. Mr. Stewart said his concern 1s that someone may have pulled the agenda up on the website to decide whether or not to attend the meeting and concluded there wculd be no discussion or decision tonight. He recommended the matter be continued and re-advertised for the February 16, 2016 meeting at 6:30 p.m. in Shalimar. Mr. Boyles made motion, seconded by Mrs. Ketchel, to table this public hearing until February 16, 2016 as recommended by the County Attorney. 5 yeas. Mrs. Ketchel told the audience she is sorry for the confusion. Mr. Windes stated as Chairman it 1is his responsibility to apologize and did so. Mr. Boyles noted the importance of doing this correctly. Mr. Francis Atchison thanked the Board and said he believes they are doing the right thing. January 19, 2016 -10- Minute Book 74, Page 95 Okaloosa County Board of County Commissioners AIRPORTS - FLORIDA DEPARTMENT OF REVENUE AUDIT, TRANSFER OF FUNDS FROM AIRPORTS RESERVES TO PAY FOR SALES TAX AND INTEREST Mr. Tracy Stage, Interim Airports Director, stated proactive steps have been taken to aid in administrative oversight for financial activities. He said an audit of all three airports was conducted by the Clerk’s Inspector General Department in July 2015. Mr. Stage reported the Department of Revenue’s (DOR) routine Sales and Use Tax Audit for the period of August 2012 through July 2015 was received on December 29, 2015. The audit was based on 2015 Florida Statutes Section 212.031, Tax on rental or license fee for use of real property. Mr. Stage stated the audit addressed several areas, including the Republic Parking contract at the Destin-Fort Walton Beach Airport (VPS). He said upon receiving the DOR report, it was transmitted to the external auditors, Warren Averett L1C, for review and recommendations. Per the agenda request, Warrant Averett has recommended the county make payment to DOR for the Airport’s 1liability associated with the Republic Parking contract. Mr. Stage reported Republic’s position is that all revenues derived for parking, including any sales taxes, were collected and remitted to the county. However, due to the confusion regarding who was remitting the taxes to DOR, the taxes were not correctly reported. He said Republic failed to itemize sales taxes collected on their monthly financial statements and Republic’s signage states taxes were included in the parking fees. Both the financial statements and signage were corrected in October 2015. Mr. Stage pointed out that Republic Parking remitted all collected revenue to the county but failed to identify the sales tax portion of that remittance. Upon notification of this reporting error, Republic refunded the county approximately $48,000 in management fees which were overpaid due to the mistake. He said the penalties have been waived by DOR because they deemed the errors to be wunintentional. However, the interest of $45,000 cannot be waived. Mr. Stage stated the refund from Republic is sufficient to pay the interest. He recommended approval to transfer funds from Airport Reserves to make payment to the DOR in the amount of $402,902.04, plus an additional interest of $68.56 per day from December 29, 2015 until the date of payment postmark. Mr. Stage continued, saying January 19, 2016 -11- Minute Book 74, Page 96 Okaloosa County Board of County Commissioners staff further recommends the County Attorney be directed to review and evaluate the contract with Republic to determine whether greater controls or clarifications should be implemented and to evaluate other options the county may have.