Okaloosa County BOCC — November 4, 2012 — Minutes — reading text

janitorial services for Health Department to Executive Cleaning, Inc. as low bidder meeting specifications with a bid of $3,752.26 annually 8. Facilities Maintenance: Interlocal Fueling Agreement between Okaloosa County and the City of Cirestview 9. Public Works: Pavement preservation/cold mix rehabilitation update and changes 4 yeas, 1 abstained on Item #1 (Mr. Windes abstained). 5 yeas on Items 2 through 9. November 6, 2012 -6- Minute Book 68, Page 35 Okaloosa County Board of County Commissioners FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS | | LAST NAME—FIRST NAME—MIDOLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Windes, Kelly Okaloosa County Board of County Commissioner MAILING ADORESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH | SERVE IS A UNIT OF: P O Box 632 aay SOUNTY Q CITY $0 COUNTY Q OTHER LOCAL AGENCY pest oka NAME OF POLITICAL SUBDIVISION: estin | aloosa DATE ON WHICH VOTE OCCURRED ay RESTON. Okaloosa County November 6, 2012 fa ELECTIVE Q APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. _ Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also ts prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she Is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative: or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a “relative” includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A “business associate” means any person or entity engaged in or Carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). * * * * * * id * * * * * aa a * x ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. . a * * * * * * * “* * * * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: « You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) | CE FORM 8B - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) « Acopy of the form must be provided immediately to the other members of the agency. ¢ The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: « You must disclose orally the nature of your conflict in the measure before participating. ¢ You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST ¢ l, Le , hereby disclose that on Gl G | 20 1 & (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, — inured to the special gain or loss of i , by whom | am retained; or inured to the special gain or loss of , which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: } wht NT IN ¢ CbsiTeN To Hypteove minute OYA meennc THY / wits WAT (Nvaveo (M ML fie Date File Sigmature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2 SHERIFF'S OFFICE - LAW ENFORCEMENT TRUST FUND DISBURSEMENTS Major J. OD. Peacock requested approval of the following disbursements from the Law Enforcement Trust Fund (LETF) : e Crime Prevention: Crime Prevention Promotion Display at USO Golf For Heroes, $500; Crime Prevention Presentation, Students with a Purpose, $300 e Donations: Crime Prevention Partnership, NAACP 2012 Freedom Fund, $500 He stated Mr. Parisot has some guestions about the expenditures. Major Peacock explained that the Crime Prevention disbursement is a venue for Crime Prevention Specialists to distribute materials and speak with citizens about crime prevention, safe neighborhood programs, and drug abuse. The money to USO will probably be spent for programs for returning soldiers. The “Meet the Greeks” with the Students with a Purpose Program allows officers to speak with high school students and help them prepare for going away to college. Major Peacock said the third item is a direct donation to the organization; it is a partnership which supports the missions of both the NAACP and the Sheriff’s Office. The organization is expected to use the funds for one of the purposes specified in the statutes and to provide a report of how those funds were used. He said the statutes require the organization to provide an accounting report similar to that of organizations receiving donations from the county. Major Peacock stated he believes there is also an IRS form to be completed. Mr. Amunds said fulfilling these reporting requirements could be made a condition of the applications. Mr. Parisot referred to an agreement on September 18 between the Board and the Sheriff's Office requiring an after-action report within 60 days of receiving the donation. He said a copy of that report is to be sent to the Finance Office. Mr. Parisot questioned Major Peacock’s comment that they would provide reports similar to that of organizations to which the county contributes. He remarked that he is not going to give the Sheriff’s Office something more for it to investigate. Major Peacock disagreed with Mr. Parisot saying he does not remember the conversation as Mr. Parisot does. Mr. Harris said the requirements are spelled out in statutes for the donations, such as the one to NAACP. However, he does have November 6, 2012 -7- Minute Book 68, Page 36 Okaloosa County Board of County Commissioners questions about the Crime Prevention contributions, saying the organization could use the money to purchase a chair for their office. Mr. Dowd explained these contributions are to cover the cost of the event during which the Sheriff's Office provides crime prevention materials and other information. Major Peacock agreed with Mr. Dowd’s explanation. He added that Sheriff Ashley makes certain the organization is community based and non-profit. Mr. Harris stated that renting a booth is different than a donation. Mr. Windes asked Mr. Dowd if the Board is on solid ground with these contributions. Mr. Dowd replied in the affirmative, Saying Major Peacock is telling how the funds are going to be used. He advised the Board has the discretion. Mr. Parisot began reading from the Florida Statutes. He said he believes the applications for LETF monies needs revision before the Board approves funding. Mr. Harris stated the Sheriff’s Office is putting the word out regarding crime prevention and drug abuse prevention. He said it iS a venue and it is acceptable as long as it meets the letter of the law. Mr. Dowd concurred, again saying it is at the Board’s discretion. He referred to the Statutes Mr. Parisot read and said LETF disbursements require an application and a Gescription of how the funds are to be used, adding Major Peacock is telling us that. Mr. Roberts said this is about the third time we have talked this issue. He felt Major Peacock has provided the explanation and he believes the Board has the discretion to approve the disbursements. Mr. Roberts made motion, seconded by Mr. Harris to approve the FDLE disbursements as presented. Major Peacock stated the Sheriff is responsible for verifying that it would be a legal expenditure and the Board provides the oversight. He added that there is no oversight above the BCC. 5 yeas. PUBLIC HEARING - AMENDING CHAPTERS 1A AND 2, LAND DEVELOPMENT CODE (6:30 P.M.) Mr. Stanford read the advertised legal notice for a public hearing to consider changes to the Land Development Code (LDC) submitted by the Growth Management Department, amending Chapter 1A Code Administration and Chapter 2 Zoning Regulations. This is the first of two hearings. The second hearing is set for November 20, 2012 at 9:00 a.m. in Fort Walton Beach. November 6, 2012 -~8- Minute Book 68, Page 37 Okaloosa County Board of County Commissioners Mr. Elliot Kampert, Growth Management Director, provided the following staff findings: e Section 1A.02.11 “Permits from Other Agencies.” A change to this section is necessary in order to make the LDC consistent with current state law. During the 2012 session, the Legislature enacted House Bill 503 which amended Section 125.022, Florida Statutes. This provision prohibits counties from requiring permit approvals from other agencies as a prerequisite to issuing development orders or permits. Currently, the LDC requires permit approvals from other agencies before a development order can be approved. e The County substantially revised Chapter 2 “Zoning Regulations” in May 2010. These revisions identified permitted uses in commercial and industrial zoning districts according to the North American Industry Classification Systems (NAICS) codes. This was done to provide a more descriptive and inclusive list of permitted uses based on the types of businesses identified