Okaloosa County BOCC — October 15, 2013 — reading text

dependent on the Fiber Optic Network. Since all participants are a part of the Fiber Optic Network, the cost of this project will be reduced. The Fiber Optic Network provides a virtual environment that will enable the usage of existing equipment in the new Courthouse Annex Extension in the South County. The system design calls for 28 access points and associated licensing that will propagate the signals to all floors and necessary locations in the Crestview Courthouse. Since the existing controller will be utilized, the only other cost will be cable to the access points and some minor multi-mode networking. The estimated cost of the system, under State of Florida contract pricing, is as follows: 28 Access Points $ 21,794.50 Network Drops Misc. Hardware $ 9,157.19 TOTAL $ 30,951.69 Since all participants receive funding from the $4 technology fee it is recommended that the cost be allocated as follows: Court Administration $15,475.85 State Attorney $ 3,868.96 Public Defender $ 3,868.96 Subtotal $23,213.77 Clerk of Courts $ 7,737.92 Packet Pg. 630  TOTAL $30,951.69 For the purpose of this request, it is necessary to approve the use of the Technology Fee in the amount of $23,213.77, which covers the cost for the Judicial, State Attorney and Public Defender. The Clerk of Court will fund their portion separately. OPTIONS: Approve or disapprove the purchase and implementation of an 802.11 wireless network at the Crestview Courthouse utilizing $23,213.77 from Court Technology Fee fund. RECOMMENDATIONS: Request Board approval for the implementation of an 802.11 wireless network at the Crestview Courthouse. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 631  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: September 17, 2013 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Reschedule Public Hearing for Parkview Road Townhomes MSBU DEPARTMENT: Public Works BCC DISTRICT: 3 STATEMENT OF ISSUE: Request to re-schedule a public hearing to gather input regarding creation of the Parkview Townhomes Municipal Services Benefit Unit (MSBU). BACKGROUND AND ANALYSIS: The property owners of Parkview Road Townhomes desire to create a MSBU which will provide street lighting for their townhomes. There are 10 townhomes within the boundary of the proposed MSBU. Letters representing approval have been received from 8 of the 10 property owners which represent a 80% approval to create the MSBU. (51% approval is required by policy.) Only one property owner has expressed a vote against creation of the MSBU. On August 20, 2013 the Board approved a public hearing to be held on September 17, 2013. Due to an unforeseen delay, supporting documentation was not received with adequate time to be submitted for the internal review process. Due to this delay, the public hearing scheduled for September 17, 2013 was not advertised. A new date for the public hearing will be requested when all necessary documentation has been reviewed. Staff will inform property owners of the delay. OPTIONS: Approve/Disapprove to re-schedule public hearing. RECOMMENDATION: Approve to re-schedule the public hearing to receive comments regarding creation of the Parkview Road Townhomes MSBU when all necessary documentation has been approved through the review process. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 632  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: September 17, 2013 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Gas Tax Interlocal Agreement DEPARTMENT: Public Works BCC DISTRICT: All STATEMENT OF ISSUE: Staff requests Board approval of a revised Interlocal Agreement between Okaloosa County and the County’s nine incorporated municipalities related to the distribution of Local Option Gas Tax (LOGT) revenues for both the first and second LOGT. BACKGROUND: During the May 21, 2013 BCC meeting, the Board elected not to extend an existing interlocal agreement for the distribution of gas tax revenues between the County and the County’s nine incorporated municipalities. At issue was the distribution of revenue from the first LOGT (6 cents) which is imposed on every gallon of motor fuel (gasoline and diesel) sold in Okaloosa County. The agreement, which had been in place since 2003, recognized a 60/40 funding distribution with the County retaining 60% of the revenue and the balance of 40% being split among the municipalities. By taking no action to extend the previous interlocal agreement, the Board effectively set in motion the process to redefine how gas tax revenues would be distributed among all participating agencies. Absent a formal interlocal agreement for gas tax distribution, Chapter 336 of the Florida Statutes dictates how revenues collected within a County through a local option gas tax will be shared among the incorporated municipalities and County. The distribution rate of these funds shall be based on each entity’s transportation related expenditures for the preceding 5-year period. In short, those entities that spend more dollars on transportation infrastructure and upkeep will receive more revenue annually than those who spend a lesser amount. For the past several months, staff coordinated closely with the municipalities to gather transportation related expenditure data. An initial evaluation of the data indicated a funding split in the 70/30 range; however, much of the data received differed vastly from the information contained in each entity’s Annual Financial Report (AFR) which is filed annually with the Florida Department of Revenue (DOR). For this reason and the time constraints involved with certifying a new funding split with the DOR, staff elected to utilize AFR expenditure information in the final calculation for consistency. In addition, staff backed out the County’s enterprise fund contributions to the expense total which resulted in a final split with the cities of 64/36. Staff presented the 64/36 split to the municipalities along with the Board’s proposal to implement 3 cents of the second LOGT and the resulting revenue that would be generated from both sources (1st LOGT and 3 cents of the 2nd LOGT). After considerable discussion on the subject and several iterations of a proposed interlocal agreement, the majority of the municipalities offered their support for a 64/36 funding split which utilizes relative percentages from the previous agreement applied to each of the municipalities. This proposed distribution Packet Pg. 633 (attached) results in each City gaining a 22% increase in revenue for next year (9 months of revenue in year 1) and a 32 % increase in revenue for each subsequent year. The revised Interlocal Agreement is attached to this report and details the percentage and dollar allocation to each entity. Contingent upon Board approval and execution by the municipalities, the agreement will be forwarded to the DOR prior to October 1st in order to implement the funding distribution on January 1, 2014. It should be noted that only a majority of the incorporated area has to approve the agreement for it to become effective. One or two dissenting municipalities cannot nullify the agreement if they do not represent a majority of the incorporated area. To date, three municipalities representing a majority of the incorporated population have approved the agreement. The agreement shall be in place for a period of ten years from the date of execution unless otherwise modified to reflect different distribution percentages based on transportation related expenditures. The proposed Interlocal Agreement has been reviewed and approved by legal counsel. OPTIONS: Approve/Disapprove the proposed Interlocal Agreement between Okaloosa County and the County’s nine municipalities for distribution of Local Option Gas Tax revenues at a rate of 64% to Okaloosa County and 36% to be split among the municipalities as defined in the agreement. RECOMMENDATIONS: Staff requests Board approval of the proposed Interlocal Agreement between Okaloosa County and the County’s nine municipalities for distribution of Local Option Gas Tax revenues at a rate of 64% to Okaloosa County and 36% to be split among the municipalities as defined in the agreement. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 634  INTERLOCAL AGREEMENT AMONG OKALOOSA COUNTY AND THE MUNICIPALITIES OF CINCO BAYOU, CRESTVIEW, DESTIN, FORT WALTON BEACH, LAUREL HILL, MARY ESTHER, NICEVILLE, SHALIMAR, AND VALPARAISO FOR THE DISTRIBUTION OF THE LOCAL OPTION GAS TAX REVENUES This AGREEMENT, made and entered into this _____ day of September, 2013, by and among OKALOOSA COUNTY, a political subdivision of the State of Florida, hereinafter called “County”, and the Municipalities of CINCO BAYOU, CRESTVIEW, DESTIN, FORT WALTON BEACH, LAUREL HILL, MARY ESTHER, NICEVILLE, SHALIMAR, and VALPARAISO, hereinafter called the “Municipalities”, for the distribution of all local option gas taxes required to be shared with the municipalities in accordance with the provisions of Section 336.025, Florida Statutes. INDEMNIFICATION: To the extent permitted by law, Municipalities and County hereto agree to indemnify and hold harmless each other for any and all damages arising out of their respective negligence regarding the performance of this Agreement. SOVEREIGN IMMUNITY: Nothing in this Agreement shall be deemed a waiver of immunity or a limitation of liability of any of the governmental parties hereto beyond any statutory limited waiver of immunity or limitation of liability which may have been adopted by the Florida Legislature in Section 768.28, Florida Statutes, or other statute, and nothing in this Agreement shall inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under the Doctrine of Sovereign Immunity or by operations of law. GOVERNING LAW: All applicable local and state laws, rules, and regulations shall govern the Municipalities and the County. Venue for any action arising out of this Agreement shall lie in Okaloosa County. SEVERABILITY: If any provision hereof is in conflict with any applicable statute, rule, regulation or is otherwise unenforceable, then such provision shall be null and void to the extent of such conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. CONSTRUCTION: The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed