Okaloosa County BOCC — August 24, 2013 — reading text

being given to implementation of the Second Local Option Gas Tax (LOGT). Consideration and adoption for enacting all or part of the Second LOGT requires a public hearing be conducted by the Board of County Commissioners. This is a request to conduct the public hearing during the Board of County Commissioners regular meeting on September 3, 2013 at approximately 6:30 p.m. Background: Available to all counties in the state of Florida are two options for local gas taxes. Currently, Okaloosa County has enacted the first Local Option Gas Tax which is six cents per gallon of gas. Revenue from this LOGT is split between Okaloosa County and the nine municipalities at a 60/40 ratio. The annual revenue projected from the first LOGT is approximately $6,100,000 (~$3,660,000 County / ~$2,440,000 Municipalities). Consideration is being given to enacting the Second LOGT, which is a maximum of five cents per gallon of non diesel fuels. The projected annual revenue from the Second LOGT is approximately $950,048 per penny of tax enacted. If all five cents were enacted the maximum anticipated revenue would be approximately $4,750,240; this revenue would be split between the County and Municipalities as part of the revenue sharing agreement. It is anticipated that the fuel tax revenue sharing agreement will reflect a 64/36 split between the County and Municipalities. The terms of the revenue sharing agreement would be applicable to revenues from both the First LOGT and the Second LOGT. In order to enact the Second LOGT it is required the attached Ordinance be approved by a vote that is a minimum of a majority plus one. When discussing the ordinance the Board of County Commissioners shall also consider what number of "pennies", if any, would be enacted as part of the Second LOGT. Enactment of one, two, three, four or five cents per gallon of motor fuel is allowed. If approved the tax would not be collected until January 1, 2014. Options: Approve/disapprove the request to schedule a public hearing for consideration of the Second Local Option Gas Tax during the Board of County Commissioners regular meeting on September 3, 2013. Recommendation: Approve the request to schedule a public hearing for consideration of the Second Local Option Gas Tax during the Board of County Commissioners regular meeting on September 3, 2013. Packet Pg. 331 RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 332  ORDINANCE NO. AN ORDINANCE OF OKALOOSA COUNTY, FLORIDA PROVIDING FOR THE LEVY OF AN ADDITIONAL FIVE CENTS OF THE LOCAL OPTION GAS TAX UPON EVERY GALLON OF MOTOR FUEL SOLD IN OKALOOSA COUNTY AND TAXED UNDER THE PROVISIONS OF PART I OF CHAPER 206, FLORIDA STATUTES; PROVIDING FOR THE AMOUNT OF SAID TAX; PROVIDING FOR THE PERIOD OF TIME FOR WHICH THE TAX SHALL BE IMPOSED; PROVIDING FOR THE DISTRIBUTION AND UTILIZATION OF SAID TAX; PROVIDING AN EFFECTIVE DATE AND REPEALING ALL ORDINANCES, OR PROVISIONS THEREOF, IN CONFLICT HEREWITH. WHEREAS, Okaloosa County has heretofore adopted a six cent local option gas tax in accordance with the provisions of Section 336.025(1)(a), Florida Statutes, and WHEREAS, there continues to be a major shortfall in the funding available to meet the requirements of the capital improvement element of the adopted comprehensive plan or for expenditures to meet immediate local transportation problems, and WHEREAS, this implementation of an additional 5-cent local option fuel tax upon every gallon of motor fuel sold in Okaloosa County is necessary and the most equitable mechanism for funding essential transportation needs. Packet Pg. 333 BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA, as follows: SECTION 1. AUTHORITY. This Ordinance is authorized by Section 336.025(1)(b) and Chapter 206, Florida Statutes. SECTION 2. IMPOSITION OF ADDITIONAL FIVE CENT LOCAL OPTION GAS TAX. Pursuant to the Authority of Section 336.025(1)(b), Florida Statutes, there is hereby imposed an additional five cents of local option gas tax upon every gallon of motor fuel sold in Okaloosa County and taxed under the provisions of part I of Chapter 206. SECTION 3. EFFECTIVE PERIOD OF TAX. The imposition of additional 5-cent local option gas tax imposed hereby shall be effective from January 1, 2014 through December 31, 2044. SECTION 4. DISTRIBUTION OF THE ADDITIONAL TAX. The local option gas tax imposed hereby shall be distributed to the county and all eligible municipalities in accordance with the provisions of Section 336.025, Florida Statutes. SECTION 5. USE OF FUNDS. The funds generated by the tax hereby imposed shall be utilized for transportation expenditures needed to meet the requirements of the capital improvements element of the adopted comprehensive plan or for expenditures needed to meet immediate local transportation problems and for other transportation- related expenditures that are critical for building comprehensive roadway networks by local governments. SECTION 6. SEVERABILITY. It is declared to be the intent of the Okaloosa County Board of Commissioners that if any section, subsection, Packet Pg. 334 sentence, clause, phrase, or provision of this Ordinance is held invalid or unconstitutional, such invalidity or unconstitutionality shall not be construed as to render invalid or unconstitutional the remaining provisions of this Ordinance. SECTION 7. EFFECTIVE DATE. A certified copy of this Ordinance as enacted shall be filed by the Clerk of the Board with the office of the Department of State of the State of Florida and the Department of Revenue of the State of Florida within ten (10) days after enactment and this Ordinance shall take effect January 1, 2014, DULY PASSED AND ADOPTED in regular session by a majority plus one vote of the membership of the Board of County Commissioners of Okaloosa County, Florida, this the ____ day of _________, 2013. OKALOOSA COUNTY, FLORIDA __________________________ DON R. AMUNDS Chairman ATTEST: ____________________ DON W. HOWARD Clerk of Circuit Court Packet Pg. 335  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: August 20, 2013 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Lake Pippin Channel Maintenance MSBU DEPARTMENT: Public Works BCC DISTRICT: Five STATEMENT OF ISSUE: Establishing the 2013 annual assessment of $400.00 per parcel of property within the Municipal Services Benefit Unit (MSBU) for the improvements and maintenance of the Lake Pippin Channel. BACKGROUND: The Lake Pippin Channel Maintenance Municipal Services Benefit Unit was created by Okaloosa County Ordinance No. 89-30. The special assessment is collected by the Okaloosa County Tax Collector on the yearly property tax bills. The annual assessment is applied to each parcel of property within the Lake Pippin Channel Maintenance MSBU. The Lake Pippin MSBU Committee met on June 27, 2013 and recommended the annual assessment for 2013 remain at $400.00 per parcel. The recommendation was voted on and passed by the committee. A resolution has been prepared for the Board of County Commissioners’ approval. OPTIONS: Approve/disapprove RECOMMENDATIONS: Request Board approval and authorized the Chairman to sign the Resolution for the annual 2013 Lake Pippin MSBU assessment of $400.00 per parcel. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 336 Packet Pg. 337 Packet Pg. 338 Packet Pg. 339  Resolution No.______________ BE IT HEREBY RESOLVED BY THE BOARD OF THE COUNTY COMMISIONERS OF OKALOOSA COUNTY FLORIDA, THAT; WHEREAS, the Lake Pippin Channel Municipal Services Benefit Unit Advisory Committee in compliance with Ordinance No. 89-30, has held an annual meeting on June 27, 2013. WHEREAS, the Advisory Committee has voted to maintain the annual assessment for FY 2013 at $400.00 per parcel of property, to be collected by the County Tax Collector and held in the Lake Pippin MSBU Escrow Account for maintenance in anticipation of expenses exceeding the current account balance. ADOPTED, in regular session this _______ day of _________, 2013. OKALOOSA COUNTY, a political Subdivision of the State of Florida ______________________________ Don Amunds Chairman ATTEST: ________________________ Gary J. Stanford Deputy Clerk Packet Pg. 340  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: August 20, 2013 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Price Farm Plantation Subdivision DEPARTMENT: Public Works BCC DISTRICT: Three North STATEMENT OF ISSUE: The developer is requesting an extension of the warranty period and acceptance of the maintenance bond ( new Irrevocable Standby Letter of Credit No. 201105 from Coastal Bank & Trust) for Price Farm Plantation subdivision. BACKGROUND: Price Farm Plantation subdivision was accepted by the Board of County Commissioners to enter into the 18- month warranty period on October 18, 2011. The Irrevocable Standby Letter of Credit No. 201105 issued by Coastal Bank & Trust in the amount of Sixty Two Thousand Dollars ($62,000.00) was provided by the developer to serve as maintenance bond. The said letter of credit expires on September 6, 2013, but project deficiencies have not been rectified by the developer. With the imminent expiration of the Letter of Credit on file the developer is requesting the Board of County Commissioners to approve an extension of the warranty period and acceptance of a new letter of credit. The new letter of credit is also from Coastal Bank & Trust (No. 201105) with expiration date of September 6, 2014. All remediation work will be performed by the developer during the extended warranty period. OPTIONS: Approve/Disapprove the developer's request to extend the warranty period and accept Letter of Credit No. 201105 from Coastal Bank & Trust in the amount of $62,000.00, which expires on September 6, 2014, for Price Farms Plantation Subdivision. RECOMMENDATIONS: Approve the developer's request to extend the warranty period and accept Letter of Credit No. 201105 from Coastal Bank & Trust in the amount of $62,000.00, which expires on September 6, 2014, for Price Farms Plantation Subdivision. RECOMMENDED BY: Packet Pg. 341 APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 342 Packet Pg. 343 Packet Pg. 344 Packet Pg. 345 Price Farm Plantation Aerial/Location Map Packet Pg. 346 Packet Pg. 347