Okaloosa County BOCC — August 5, 2014 — June 17, 2014 — reading text

June 17, 2014 Regular Meeting The regular Tuesday meeting of the Okaloosa County Board of County Commissioners was called to order at 8:30 a.m. at the Water & Sewer Administration Building in Fort Walton Beach. Members present were Charles K. Windes, Jr., Chairman; Nathan Boyles, Vice Chairman; Wayne Harris; Dave Parisot (arrived at 8:40 a.m.); and Don Amunds. Also present were Gary J. Stanford, Finance Director, Clerk's Office; Ernie Padgett, County Administrator; and Greg Stewart, Acting County Attorney. PRESENTATION - 2014 LINE SUPERVISOR OF THE YEAR AWARD TO JOSE PEREZ, UR. Mr. Windes asked Jose Perez to come forward. Public Safety Director Dino Villani and EMS Manager Daniel Dunlap joined Mr. Windes at the podium for the presentation. Mr. Windes stated Mr. Perez was selected by the Florida Chapter of the Association of Public Safety Communications Officers as the 2014 Line Supervisor of the Year. The award is presented to public safety communications personnel who have demonstrated the highest levels of professional conduct and performance in the line of duty. He was nominated because of his work ethic and skilled ability as a communications shift supervisor. Mr. Perez received a round of applause as Mr. Windes made the presentation. PUBLIC INFORMATION OFFICER'S UPDATES Mrs. Kathy Newby, Public Information Officer, reported 1,088 Okaloosa County residents have registered with the Disaster Recovery Center. She advised that individuals may continue to file/register until July 7 for SBA loans; however, the Disaster Recovery Centers in Okaloosa and Walton Counties will close today at 6:00 p.m. Other news included an announcement that Wright Elementary School will receive recycling containers through a Southeast Rural Community Assistance Project Grant. And, photographs were displayed of the ribbon cutting ceremony held on June 9 for Bayview Plaza and Veterans Park. June 17, 2014 -1- Minute Book 71, Page 93 Okaloosa County Board of County Commissioners COUNTY ADMINISTRATOR'S UPDATE Mr. Padgett stated Mr. Stewart will provide an update and seek guidance on how to deal with the Department of Juvenile Justice (DJJ) overcharges. He then read excerpts of two editorials printed in the Orlando Sentinel and the Daytona Beach Daily News regarding the Legislature’s decision not to act to remedy this situation in the last Legislative Session. Mr. Padgett again affirmed his belief that Okaloosa County is looking at this issue in the correct way. He said three representatives of the county attended DJJ’s rulemaking workshop. Mr. Padgett stated DJJ'’s latest proposal is to change the rules and pass along more costs to the counties. He said if the rule is approved, Okaloosa’s portion would increase from $180,000 to $580,000 per year. Mr. Stewart stated he also attended the June 6 Final Rule Hearing and it is DJJ'’s intention to pass along more costs to the counties. Any challenge had to be filed within ten days of the hearing, Mr. Stewart advising he did file a challenge and will ask the Board to ratify that action. (Mr. Parisot arrived at this time—8:40 a.m.) Continuing, Mr. Stewart stated his firm (Nabors, Giblin & Nickerson) has been asked to represent the Florida Association of Counties (FAC) in this matter, adding that 23 additional counties have joined in the suit. He emphasized “FAC is not driving the train.” Mr. Stewart said any county may participate. A litigation fund will be established with middle- sized counties contributing $1,000. If an appeal is necessary, another $2,500 may be required. Total county contribution could be $3,500. Mr. Stewart stated the cost for larger counties will be higher. He advised it will be advantageous to approach the matter ain this fashion and asked for approval of this arrangement. Mr. Harris made motion, seconded by Mr. Amunds, to approve the County Attorney’s recommendation and to ratify the challenge filed following the June 6 DJJ rulemaking hearing. Mr. Parisot provided commentary on the rulemaking session and said he supports going forward with legal action. 5 yeas. June 17, 2014 -2- Minute Book 71, Page 94 Okaloosa County Board of County Commissioners COMMISSTIONER’S MINUTE Mr. Parisot stated at a future date the Public Works Department will request authorization to set a public hearing for use of golf carts on county roads in the Lake Lorraine area. He said the proposed ordinance will be similar to the one adopted for Rocky Bayou Estates. Mr. Parisot noted that a town hall meeting was held and 94% of those in attendance were in support of the action. Secondly, Mr. Parisot reported this year’s State Budget has a line item for $4 Million to come to Okaloosa County for water and sewer projects. He thanked Deputy Water & Sewer Director Mark Wise and the county’s state lobbyist for their hard work in this regard. Mr. Boyles, Mr. Amunds, and Mr. Harris had no comments. Mr. Windes announced the TDC committee to review applications for the vacant seat on the Tourist Development Council has met and will provide its recommendation for appointment at a future meeting. PUBLIC COMMENTS RELATED TO THE CURRENT AGENDA Mr. Dan Brown, Lake Lorraine Circle, asked the Board to act now on the infrastructure surtax. He said since 1998 the drainage in his neighborhood has worsened with degradation of old pipes and appearance of sink holes. Mr. Brown stated many homes have experienced flooding. Mr. Brown said the taxes in Okaloosa County are some of the lowest in the state and the nation. He expressed concern that emergency funds are far below what is needed during hurricane season. Mr. Brown stated he does not like taxes but property and safety will be at risk during another storm. He reiterated his request for the Board to act now. Mr. Fred Westfall, Shalimar, stated he has been before the County Commission many times since 1995. He advised that his home has been flooded five times and nothing is being done. Mr. Westfall said the county has been using his property taxes for other things. It was his belief the county has a legal obligation to have a stormwater system and he feels this crisis has been created by the Board. Mr. Westfall continued to speak about the millage rates and budgets since 2005. He said it may be time to increase the June 17, 2014 -3- Minute Book 71, Page 95 Okaloosa County Board of County Commissioners millage rates to cover infrastructure. He referred to the Sheriff's budget of $30 Million and asked if the safety provided by the Sheriff’s Office is more important than infrastructure. Mr. Westfall asked the Board to take a hard look at the budget and suggested a category other than stormwater be held hostage for the surtax. Mr. Harris remarked that it is amazing how people can look at a budget of $279 Million and see waste. He asked what happens if the stormwater tax referendum is put on the next ballot and fails. Mr. Harris underscored the fact the county does not have the money for all of the stormwater projects and asked where we are to get it. He said for a referendum on this tax to be viable, the voters must be educated and the projects must be specific. Mr. Harris stated there are tens of thousands of residents who are not in the same position as Mr. Westfall or Mr. Brown and they will be looking at how the referendum will impact them. Mr. Harris said he sees radical people make character assassinations when taxes are raised. He noted that he is affected by flooding where he lives but he does not have a magic wand to make things happen. Mr. Harris pointed out a referendum was attempted for stormwater in the past and it failed miserably. Mr. Parisot stated he takes exception to some of Mr. Harris’ remarks. He said the priority sequence is Public Safety, Essential Services, then Quality of Life. Mr. Parisot felt more is being spent on quality of life issues than on essential services. He said the Board needs to make some hard decisions with consideration to quality of life items going away. Mr. Parisot thought “Plan B” should be to really scrub the budget. He said, for example, a half-million dollars is spent on the Library Cooperative. He said the cities could charge a fee for library use and that $500,000 could be put to essential services. Another example cited by Mr. Parisot was public transit buses, stating those buses are only half full. Mr. Amunds commented the problem in Lake Lorraine has been ongoing for years and asked how much time and resources have been spent in that area. Public Works Director John Hofstad replied they have done emergency repairs and it has been reactive measures. He said nothing of substantial impact has been done. However, he stated last year money was put into the June 17, 2014 -4- Minute Book 71, Page 96 Okaloosa County Board of County Commissioners budget for that specific area and the contractor was on site a few weeks aqo. Mr. Amunds asked if comsideration has been given to bonding the MSBU Parks reverue. Mr. Hofetad replied in the affirmative. He explained that $400,000 1s allocated from the General Fund for stormwater and $450,000 is from the MSTU for a total of $850,000. Mr. Hofstad stated the operational budget alone is S870,900 and LOGT funds are used [0 supplement that budget. Upon further inquiry by Mr. Amunds, Mr. Hofstad stated more funding has been contributed to stormwater projects in the last two years. PUBLIC HEARING - R/W VACATION AND PROPERTY EXCHANGE, BLOCK 10 OF BAYVIBW SUBDIVISION, TIMOTHY AND SHARON SMITH (9:00 a.m, } Mr. Stanford read the advertised legal notice for public hearing to consider a request from the Okaloosa County Public Works Department to consider vacating a portion of the east-west alley through Block 10 of Bayview Subdivision in exchange for the goutheast corner of Lot 9 Block 16 in Bayview Subdivision belonging to Timothy and Sharon Smith. Mr. John Hofstad, Public Works Director, showed photographs of the subject area highlighting a portion of the paved alley which exists outside the right-of-way. The proposed exchange will place the entire paved surface within the right-of-way and cure an encroachment on the Smith's property. The property owners are represented through their agent John S. Mead of the Mead Law Firm and have petitioned the Board to deed a portion of Lot 9, Block 16 to the county in exchange for a portion of the county’s right-of-way adiacent to Lots 6 and 7 of Block 10. The suoject parcels are equal in square footage, more or less. He advised this proposed vacation and property exchange has been vetted through his department, has been properly advertised, and no opposition has been received. Mr. Pete Feterson stated he lives arcund the corner from the subject property and spoke to the use of the alleyway which rune through the subdivision. He expressed his concerns about rezoning in this area. Mr. Peterson also referred to the sign {gublic hearing notice) which had been posted and said it was necessary to get out of your car and lift the plastic over the sign to be able to read it. June 17, 2014 ~S- Minute Book 71, Page 47 Okaloosa County Board of County Commissioners Mx, Hofetad etated this hearing is for the vacation request only and there is mo change in zoning. Mr. Parisot made motion, seconded by Mr. Harris, to adopt a resolution approving the right-of-way vacation and exchange of property ag advertised. 5 yeas. RESOLUTION NO, 14-97 PUBLIC HEARING ~ REQUEST TO VACATE PORTION OF SEVENTH AVENUE AND FIFTH STREET IN TOWNSTTE OF PORT DIATE (9:06 a.m.} Mr. Stanford read the advertised legal notice far public hearing to consider the request of Raymend and Felicia Donovan and Steven and Cindra Cowen to vacate portions of Seventh Avenues and Fifth Street adjacent to Biock 70 in the Townsite of Port Dixie in Shalimar. Mr. Hofstad reported this vacation request is comsistent with others previously agproved by the Board in this area. He stated there is one condition of the vacation