Okaloosa County BOCC — October 16, 2012

Agenda Okaloosa County Board of Commissioners Tuesday, November 20, 2012– 8:30 AM Water & Sewer Administration Building I. Swearing-In Ceremony for Commissioner Nathan Boyles and Commissioner Kelly Windes II. Employee Awards III. Public Information Update IV. County Administrator's Update V. Commissioner's Minute VI. Public Hearing 1. Request public comment and consideration concerning a request submitted by Phillip & Deborah Jennings for vacation of a portion of unimproved 15th Street in Niceville. District: 5. This item was tabled at the October 16, 2012 meeting. 2. Request public comment and consideration of changes to Land Development Code Chapters 1A and 2 as submitted by Growth Management staff. District: All. Final Public Hearing 3. Request public comment and consideration concerning an amendment of Chapter 9 of the Land Development Code (Ordinance 91-01 as amended) Pertaining to Abandoned Vehicles, and Amendment of Ordinance 87-33 Creating a New Article III of Chapter 21 of the Code of Ordinances of Okaloosa County, Florida, Regulating Abandoned and Nuisance Vehicles. District: All. Final Public Hearing VII. Consent Agenda 1. Minutes for October 16, 2012 Regular Meeting 2. Budget Resolutions and Transfers amending the Fiscal Year 2013 budget. 3. Request approval of and acceptance for recording with the Clerk of Court a Drainage Easement granted to Okaloosa County for permanent maintenance. 4. Request approval of proclamation designating the month of November as Pancreatic Cancer Awareness Month. 5. Request approval of appointment of Abra McGill to the Tri-County Community Council for the 2013 term. Revised: 11/15/2012 3:47 PM Page 1 of 4 Regular Meeting (South) Agenda November 20, 2012 6. Request approval of submitted names for Shalimar Annex Renovation Project Task Force. 7. Request approval of a Public Event Permit for the Bluewater Bay Duathlon, to be held on February 23, 2013, 5:30 am - 12:00 pm, along Bluewater Bay Boulevard, John Sims Parkway, and around the EOD Memorial, sponsored by Emerald Coast Triathlon Club. 8. Request approval of a Public Event Permit for a Mardi Gras Parade, to be held January 19, 2013, along Santa Rosa Blvd on Okaloosa Island, sponsored by the Fort Walton Beach Chamber of Commerce. 9. Request approval of extension of Contract C11-1864-GM CDBG Program Administration Services for Sylvania Heights road repaving. 10. Request approval and authorization for Chairman to sign Equitable Sharing Agreement for Okaloosa County Sheriff's Office. 11. Request approval of a request submitted by the Economic Development Council to modify their invoicing schedule from quarterly to monthly. 12. Request approval of a request submitted by Fort Walton Beach High School for assistance with straightening a light pole at the girls softball field. 13. Request approval of the classification of the new SR 293 roadway alignment, and reclassification of White Point Road, as requested by the Florida Department of Transportation. VIII. Department/Agency Business 1. Daniel O'Byrne/Tourist Development 1. Request consideration and staff direction concerning a request for a one time only waiver of the TDC Chairman term limits to allow a third one-year term for Kathy Houchins to serve as Chairman. District: All 2. Donald Turner/Facility Maintenance 1. Request approval of Capital Projects funding in the amount of $13,800 to finalize remodeling of the space leased to Elder Services in the old Fort Walton Beach hospital. District: All. 2. Request consideration and staff direction concerning a request made by the Crestview Historical Preservation Group's Project Committee to be granted the authority to determine what historical artifacts to display in designated areas of the Crestview courthouse. District: All. Okaloosa County Board of Commissioners Page 2 Printed 11/15/2012 Regular Meeting (South) Agenda November 20, 2012 3. Jeff Littrell/Water & Sewer 1. Request approval of and authorize the Chairman to execute an Interlocal Agreement with the Town of Shalimar for W&S franchise rights and collection/payment of fees. District: 2. 2. Request approval of and authorize the Chairman to execute a Lease Agreement with Skyetech, LLC for property located at 1310D Oddfellow Road in Fort Walton Beach, FL. District: All 3. Request approval of and authorize the Chairman to execute an Amendment to Interlocal Agreement with the City of Niceville and Sale Agreement for Reclaimed Water Facilities. District: 1, 3 & 5 4. John Hofstad/Public Works 1. Request consideration and staff direction concerning a request to reinstall stepping stones on County property behind Surf Dweller Condo on Okaloosa Island. District: 2 2. Request consideration of citizen appointment for District 1 vacancy on the Parks Advisory Committee. District: All 3. Request after the fact Board approval of Change Order Number 1 for the Old Antioch Road Reconstruction Project, approved in advance to avoid excessive delays for the project. District: 3 4. Request approval to award, and authorize the Chairman to execute a contract with Island Sands Beach Service of NW Florida, LLC for beach concession services. District: All. 5. Informational item to notify the Board of payment to Gulf Coast Traffic Engineers for completion of the continued service contract for FY 2011-2012 annual road striping. District: All 6. Information update concerning possible extension of the enhanced recycling (1-1-1) program throughout the franchised areas of Okaloosa County (approximately 30,000 homes). District: All IX. Old Business 1. Rebecca Sherry to update to the Board concerning Volunteer Dune Planting. Okaloosa County adheres to the Americans with Disabilities Act and will make reasonable modifications for access to this meeting upon request. Please call the County Administrator’s Office at (850) 651-7515 to make a request. For Hearing Impaired, Dial 1-800-955-8771 Okaloosa County Board of Commissioners Page 3 Printed 11/15/2012 Regular Meeting (South) Agenda November 20, 2012 (TDD), and 1-800-955-8770 (Voice). Requests must be received at least 48 hours in advance of the meeting in order for Okaloosa County to provide the requested service. Okaloosa County Board of Commissioners Page 4 Printed 11/15/2012  6.1 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 20, 2012 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Public Hearing: Mr. and Ms. Phillip Jennings ROW Vacation DEPARTMENT: Public Works BCC DISTRICT: Five STATEMENT OF ISSUE: Mr. And Ms. Jennings are petitioning the Board of County Commissioners to vacate that portion of unimproved 15th Street bound on the north by Lots 10, 11 and 12, Block 66, Valparaiso Realty Company’s Pine Crest Addition to Valparaiso, Sheet No. 3, Subdivision No. 6 according to the plat thereof as recorded in Plat Book 1, Page 50, Public Records of Okaloosa County, Florida. BACKGROUND: The Valparaiso Realty Company’s Pine Crest Addition to Valparaiso, Sheet No. 3, Subdivision No. 6 was platted and accepted by the Board of County Commissioners on February 9, 1926. The right-of-way vacation associated with this parcel is as follows: A. Vacation of right-of-way along unimproved 15th Street is the North one half of right- of-way lying adjacent to Lots 10, 11 and 12, Block 66, Valparaiso Realty Company’s Pine Crest Addition to Valparaiso, Sheet No. 3 Subdivision No. 6. The right-of-way area requested to be vacated measures 25 feet by 150 feet. Various portions of right-of-way have been vacated in the area of these lots in the past. Exhibits included show areas of right-of-way that have been vacated adjacent to the subject lots. During a site visit performed on September 10, 2012 it was noted that there are no existing privacy fences in the south half of previously vacated 15th Street by way of Resolution 95-53 and as amended by Resolution 96-81. The amendment simply corrected a scrivener’s error in the legal description on original resolution (95-53). In the request letter from the applicant that is attached hereto, it is stated that the request for the vacation is to allow the property owner (Jennings) to erect a privacy fence along the south side of their yard. A fence would prevent public access, but the proposed resolutions include specific language whereby the County would retain drainage and utility easements through the vacated Packet Pg. 5  6.1 right-of-way (if approved). Field observations found the existing drainage ditch is west of the proposed vacation, however should future improvements be required the easement would be in place to accommodate the County’s needs. On October 16, 2012 the Board of County Commissioners voted to table this public hearing so that staff could provide additional information and options related to the vacation request. Included with this request are additional photographs of the site and two sample vacation resolutions. The photographs are intended to more clearly depict proposed and existing boundary lines. One resolution provides for a complete vacation of the remaining 25’ of 15th Street while the other resolution provides for vacating only 20’of the remaining right-of-way. The second option would leave 5’ of right-of-way available for public use. Letters of opposition have been submitted to Public Works and are included with this agenda request for review and consideration. All letters submitted are from Mr. Wayne Watts and they are primarily focused on maintaining public access. OPTIONS: Approve/Disapprove the request to vacate right-of-way along a portion of 15th Street in the Niceville area as requested by Mr. And Ms. Phillip Jennings. RECOMMENDATIONS: Approve the request to vacate right-of-way along a portion of 15th Street in the Niceville area as requested by Mr. And Ms. Phillip Jennings. However, consideration to retain a limited width of right-of-way along 15th street is provided as an alternative. RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator Packet Pg. 6  6.1.a Packet Pg. 7 Attachment: Jennings Request (1105 : Public Hearing: Mr. and Ms. Phillip Jennings ROW Vacation)  6.1.a Packet Pg. 8 Attachment: Jennings Request (1105 : Public Hearing: Mr. and Ms. Phillip Jennings ROW Vacation)  6.1.b Attachment: 15th Street Jennings property Niceville - Map (1105 : Public Hearing: Mr. and Ms. Phillip Jennings ROW Vacation) Phillip and Deborah Jennings Property 1734 Pine Street, Niceville, Florida Open ditch in unimproved R/W 25’ x 150’ Jennings vacation request Previously vacated 15th St R/W Resolutions 95-53 & 96-81. Packet Pg. 9  6.1.c Packet Pg. 10 Attachment: View 1 (1105 : Public Hearing: Mr. and Ms. Phillip Jennings ROW Vacation)  6.1.d Packet Pg. 11 Attachment: View 2 (1105 : Public Hearing: Mr. and Ms. Phillip Jennings ROW Vacation)  6.1.e Packet Pg. 12 Attachment: View 3 (1105 : Public Hearing: Mr. and Ms. Phillip Jennings ROW Vacation)  6.1.f Attachment: 15th St Jennings vacation 10 30 2012 A (1105 : Public Hearing: Mr. and Ms. Phillip Jennings ROW Vacation) 25 feet Shot taken facing west from Pine Ave. to reveal the relationship between N ½ of 15th St. R/W and Jennings residence. Packet Pg. 13  right-of-way North line of 15th St. Ave. Niceville, Fl. Residence 1734 Pine Mr. and Ms. Jenning’s 6.1.g Packet Pg. 14 Attachment: 15th St Jennings vacation 10 30 2012 B (1105 : Public Hearing: Mr. and Ms. Phillip Jennings ROW Vacation)  6.1.h Attachment: 15th St Jennings vacation 10 30 2012 C (1105 : Public Hearing: Mr. and Ms. Phillip Jennings ROW Vacation) 25 feet of the N ½ of 15th St Right-of-way. Shot taken facing east from SW corner of Jennings property. AKA SW corner of Lot 10, Block 66 Valparaiso Pine Crest Realty Subd. Packet Pg. 15  6.1.i Attachment: 15th St Jennings vacation 10 30 2012 D (1105 : Public Hearing: Mr. and Ms. Phillip Jennings ROW Vacation) Shot taken facing east from South ½ of 15th St right-of- the centerline of unimproved way previously vacated by 15th St. right-of-way. Resolution 95-53. Packet Pg. 16  6.1.j Attachment: 15th St Jennings vacation 10 30 2012 E (1105 : Public Hearing: Mr. and Ms. Phillip Jennings ROW Vacation) North ½ of 15th St. right-of-way Open ditch is located in S ½ of 15th St right-of-way Shot taken facing west from the centerline of unimproved 15th St right-of-way. Packet Pg. 17  6.1.k RESOLUTION NO. 12 - ________ WHEREAS, Phillip C. and Deborah R. Jennings, petitioned the Board of County Commissioners of Okaloosa County, Florida, to vacate a portion of unimproved 15th Street right-of-way located in Niceville, Florida more particularly described as follows: Attachment: 15th St Jennings vacation Niceville (1105 : Public Hearing: Mr. and Ms. Phillip Jennings ROW Vacation) The North one half of unimproved 15th Street platted right-of-way, measuring 25 foot x 150 foot and lying west of the Pine Avenue and south of and adjacent to Lots 10, 11 and 12, Block 66, Valparaiso Realty Company’s Pine Crest Addition to Valparaiso, Sheet No. 3, Subdivision No. 6 according to the plat thereof as recorded in Plat Book 1, Page 50, Public Records of Okaloosa County, Florida. and WHEREAS, the Board has considered the same and heard the proposal in detail. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Okaloosa County, Florida, as follows: 1. THAT the property herein described is hereby vacated and combined with contiguous property and shall not be further subdivided. 2. THAT the County reserves for itself, and any and all licensed utility companies, their successors and assigns a full width utility easement in the entire portion of the right-of-way vacated hereby for the purpose of locating and maintaining public utilities and for stormwater/drainage purposes. No structures other than stormwater/drainage improvements and fencing approved by the Board of County Commissioners shall be permitted. Removal of existing fences for utility construction is permitted and will be the sole responsibility of the landowner to reinstall after completion of utility installation. 3. THAT the vacated property shall not be used to increase density or intensity of the adjoining parcel. 4. THAT no structure shall be built on the vacated property except fences, sprinkler systems or other amenities as approved by the Board of County Commissioners. DULY PASSED AND ADOPTED in the regular session this 20th day of November, 2012. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ Don R. Amunds, Chairman ATTEST: DON W. HOWARD CLERK OF CIRCUIT COURT By:__________________________________ Deputy Clerk Packet Pg. 18  6.1.l RESOLUTION NO. 12 - ________ WHEREAS, Phillip C. and Deborah R. Jennings, petitioned the Board of County Commissioners of Okaloosa County, Florida, to vacate a portion of unimproved 15th Street Attachment: 15th St Jennings vacation Niceville 1A (1105 : Public Hearing: Mr. and Ms. Phillip Jennings ROW Vacation) right-of-way located in Niceville, Florida more particularly described as follows: The North 20 feet of the unimproved 15th Street platted right-of-way, measuring 20 foot x 150 foot and lying west of the Pine Avenue and south of and adjacent to Lots 10, 11 and 12, Block 66, Valparaiso Realty Company’s Pine Crest Addition to Valparaiso, Sheet No. 3, Subdivision No. 6 according to the plat thereof as recorded in Plat Book 1, Page 50, Public Records of Okaloosa County, Florida. and WHEREAS, the Board has considered the same and heard the proposal in detail. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Okaloosa County, Florida, as follows: 1. THAT the property herein described is hereby vacated and combined with contiguous property and shall not be further subdivided. 2. THAT the County reserves for itself, and any and all licensed utility companies, their successors and assigns a full width utility easement in the entire portion of the right-of-way vacated hereby for the purpose of locating and maintaining public utilities and for stormwater/drainage purposes. No structures other than stormwater/drainage improvements and fencing approved by the Board of County Commissioners shall be permitted. Removal of existing fences for utility construction is permitted and will be the sole responsibility of the landowner to reinstall after completion of utility installation. 3. THAT the vacated property shall not be used to increase density or intensity of the adjoining parcel. 4. THAT no structure shall be built on the vacated property except fences, sprinkler systems or other amenities as approved by the Board of County Commissioners. DULY PASSED AND ADOPTED in the regular session this 20th day of November, 2012. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ Don R. Amunds, Chairman ATTEST: DON W. HOWARD CLERK OF CIRCUIT COURT By:__________________________________ Deputy Clerk Packet Pg. 19  6.1.m Packet Pg. 20 Attachment: Letters in Opposition (1105 : Public Hearing: Mr. and Ms. Phillip Jennings ROW Vacation)  6.1.m Packet Pg. 21 Attachment: Letters in Opposition (1105 : Public Hearing: Mr. and Ms. Phillip Jennings ROW Vacation)  6.1.m Packet Pg. 22 Attachment: Letters in Opposition (1105 : Public Hearing: Mr. and Ms. Phillip Jennings ROW Vacation)  6.1.m Packet Pg. 23 Attachment: Letters in Opposition (1105 : Public Hearing: Mr. and Ms. Phillip Jennings ROW Vacation)  6.2 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 20, 2012 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Public Hearing - Changes to Land Development Code, Chapters 1A & 2 DEPARTMENT: Growth Management BCC DISTRICT: All STATEMENT OF THE ISSUE: Consideration of a request for changes to the Land Development Code submitted by the Department of Growth Management revising Chapter 1A Code Administration, Section 1A.02.11 “Permits from Other Agencies”, and; Chapter 2 Zoning Regulations, permitted uses in Section 2.08.00 “Business Office District” (C-1), 2.10.00 “General Commercial District” (C-3), 2.12.00 “Industrial District” (I-1) and Section 2.13.00 “Airport Industrial Park (I-2) District.” FINAL PUBLIC HEARING. STAFF FINDINGS: 1. 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 HB 503 amending Section 125.022, Fla. Stat. Which prohibits counties from requiring permit approvals from other agencies as a prerequisite to issuing development orders or permits. The LDC currently requires permit approvals from other agencies before a development order can be approved. The proposed text change shown in Exhibit 1 was taken verbatim from s.125.022. 2. In May, 2010 the County substantially revised LDC Chapter 2 “Zoning Regulations.” These revisions included identifying permitted uses in commercial and industrial zoning districts according to North American Industry Classification System (NAICS) codes. This was done to provide a more descriptive and inclusive list of permitted uses based on the types of businesses identified in the NAICS by the U.S. Census Bureau. The NAICS is the most comprehensive and authoritative list of officially recognized businesses in the country. An illustrative example of the NAICS is provided as Attachment A. The NAICS is updated every five years as part of the U.S. Economic Census. The most recent update is for 2012. As a result, staff took this opportunity to re-evaluate NAICS codes relative to those currently listed in Chapter 2 of the LDC. The changes proposed as follow are the result. 3. References to NAICS 2002 have been changed to NAICS 2012. Packet Pg. 24  6.2 4. Section 2.08.00 Business Office (C-1) district has been changed as shown in Exhibit 2. 5. Section 2.10.00 General Commercial (C-3) district has been changed as shown in Exhibit 3. 6. Section 2.12.00 Industrial (I-1) district has been changed as shown in Exhibit 4. 7. Section 2.13.00 Airport Industrial Park (I-2) district has been changed as shown in Exhibit 5. PUBLIC COMMENT/OPPOSITION: An attorney representing Timberview Helicopters spoke at the November 6, 2012 first public hearing to request that his client be "grandfathered" so as to not have to comply with the new zoning regulations relating to the location of helicopter sightseeing operations. STAFF POSITION: Staff supports the requested changes to the Land Development Code. PLANNING COMMISSION: The Planning Commission voted unanimously to recommend approval at a public hearing held October 11, 2012. MILITARY REPRESENTATIVE: No comment. RECOMMENDATION: It is recommended that the Board consider the facts presented herein, the Planning Commission recommendation, as well as any other facts that may be presented at the two public hearings, and then decide whether or not to adopt the proposed changes by ordinance. RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator Packet Pg. 25  6.2.a Packet Pg. 26 Attachment: Attachment A (1153 : Public Hearing - Changes to Land Development Code, Chapters 1A & 2)  6.2.b Packet Pg. 27 Attachment: Exhibit 1 (1153 : Public Hearing - Changes to Land Development Code, Chapters 1A & 2)  6.2.c Packet Pg. 28 Attachment: Exhibit 2 (1153 : Public Hearing - Changes to Land Development Code, Chapters 1A & 2)  6.2.c Packet Pg. 29 Attachment: Exhibit 2 (1153 : Public Hearing - Changes to Land Development Code, Chapters 1A & 2)  6.2.d Packet Pg. 30 Attachment: Exhibit 3 (1153 : Public Hearing - Changes to Land Development Code, Chapters 1A & 2)  6.2.d Packet Pg. 31 Attachment: Exhibit 3 (1153 : Public Hearing - Changes to Land Development Code, Chapters 1A & 2)  6.2.d Packet Pg. 32 Attachment: Exhibit 3 (1153 : Public Hearing - Changes to Land Development Code, Chapters 1A & 2)  6.2.d Packet Pg. 33 Attachment: Exhibit 3 (1153 : Public Hearing - Changes to Land Development Code, Chapters 1A & 2)  6.2.e Packet Pg. 34 Attachment: Exhibit 4 (1153 : Public Hearing - Changes to Land Development Code, Chapters 1A & 2)  6.2.e Packet Pg. 35 Attachment: Exhibit 4 (1153 : Public Hearing - Changes to Land Development Code, Chapters 1A & 2)  6.2.e Packet Pg. 36 Attachment: Exhibit 4 (1153 : Public Hearing - Changes to Land Development Code, Chapters 1A & 2)  6.2.f Packet Pg. 37 Attachment: Exhibit 5 (1153 : Public Hearing - Changes to Land Development Code, Chapters 1A & 2)  6.2.f Packet Pg. 38 Attachment: Exhibit 5 (1153 : Public Hearing - Changes to Land Development Code, Chapters 1A & 2)  6.3 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 20, 2012 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Public Hearing - Chapter 9 LDC Abandoned & Nuisance Vehicles DEPARTMENT: Growth Management BCC DISTRICT: All STATEMENT OF ISSUE: This is the second of two public hearings (and the adoption hearing) pertaining to revisions to the County's regulation of abandoned and nuisance vehicles. BACKGROUND: 1. Under the definition of an abandoned vehicle provided in Section 9.03.01.1, vehicles on car dealer lots, repair yards, and other accepted, otherwise legal areas would be considered abandoned. Proposed Section 61-65 B. 1 corrects this oversight by recognizing various uses at which unlicensed vehicles may be kept. 2. Section 9.03.12.2 does not allow the common practice of leaving vehicles with relatives or friends while away (e.g., service men and women leaving vehicles with relatives while deployed, or students leaving a car with parents while at school) unless the vehicle has a current tag or in a garage or carport even if it not being used. Further, under 9.03.12.2, a vehicle without a tag cannot be kept behind an opaque privacy fence even if it is in perfect running order. Proposed Section 61-65 B. 1 clarifies the conditions under which vehicles without license tags may be kept on properties without creating a nuisance. 3. As the subject matter deals with the storage of vehicles and does not provide standards for the development of property, it is not clear why it was included in the Land Development Code. The subject matter would be more appropriately located under Chapter 21 of the County Code, Traffic and Motor Vehicles. To this end, the proposed standards are written to be included as a new Article III of Chapter 21, Abandoned and Nuisance Vehicles, where it would be put under Article II, Stopping, Standing, and Parking. 4. The inclusion of abandoned vehicles within the Land Development Code has created Packet Pg. 39  6.3 confusion as to enforcement authority. Under proposed Article III, the responsibility clearly rests with the Sheriff’s Office that has the mechanisms in place to deal with vehicle towing and storage, if necessary. The attached ordinance includes the clarifications regarding enforcement discussed with and approved by the Board of County Commissioners when it considered these proposed changes during the public hearing conducted on November 6, 2012. STAFF POSITION: Staff supports the proposed changes which have been developed in cooperation with the Sheriff’s Office. MILITARY REPRESENTATIVE: No comments or objections. RECOMMENDATION: It is recommended that the Planning Commission consider the facts presented herein, as well as any other facts that may be presented at the public hearing, and then make a recommendation to the Board of County Commissioners. RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator Packet Pg. 40  6.3.a Attachment: Nuisance and Abandoned Vehicle Ordinance for November 20 BCC (1177 : Public Hearing - Chapter 9 LDC Abandoned & Nuisance ORDINANCE NO. 12- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY FLORIDA; PROVIDING FOR A SHORT TITLE AS THE “OKALOOSA COUNTY ABANDONED AND NUISANCE VEHICLE ORDINANCE OF 2012”; PROVIDING FOR THE REPEAL OF SECTIONS 9.03.01.1 AND 9.03.12 OF THE LAND DEVELOPMENT CODE, ORDINANCE 91-01 AS AMENDED; RENUMBERING OF SECTION 9.03.13 OF THE OKALOOSA COUNTY LAND DEVELOPMENT CODE, ORDINANCE 91-01, AS AMENDED; AMENDING ORDINANCE NO. 87-33 AND CREATING A NEW ARTICLE III OF CHAPTER 21 OF THE CODE OF ORDINANCES OF OKALOOSA COUNTY, FLORIDA; PROVIDING FOR THE REPEAL OF ALL OTHER CONFLICTING PROVISIONS; PROVIDING FOR INCORPORATION INTO THE CODE OF ORDINANCES OF OKALOOSA COUNTY, FLORIDA; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. RECITALS WHEREAS, Okaloosa County is a political subdivision of the State of Florida to which Chapter 125 of the Florida Statutes grants broad authority and provides for the adoption of ordinances to provide for self-governance; WHEREAS, Okaloosa County adopted and has from time to time amended Ordinance 91-01 which creates a Land Development Code that includes, among other provisions, Chapter 9 which provides operational performance standards for various land use activities, and which also includes provisions that address the keeping of abandoned vehicles on public and private properties; WHEREAS, the Board of County Commissioners finds that it is necessary and in the public interest to better define and regulate nuisance and abandoned vehicles, and so it is necessary to amend Chapter 9 of the Land Development Code and Chapter 21 of the Code of Ordinances of Okaloosa County to achieve this end. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA: Section 1. Short Title. This Ordinance shall be known and may be cited as the “Okaloosa County Abandoned and Nuisance Vehicle Ordinance of 2012”. Section 2. Repeal of Sections 9.03.02.1 and 9.03.12 of the Okaloosa County Land Development Code, Ordinance 91-01, as amended. Sections 9.03.01.1 and 9.03.12 of the Okaloosa County Land Development Code are hereby repealed in their entirety. Section 3. Renumbering of Section 9.03.13 of the Okaloosa County Land Development Code, Ordinance 91-01, as amended. Section 9.03.13 of the Okaloosa County Land Development Code, Ordinance 91-01, as amended, is hereby re-numbered as Section 9.03.12 in replacement of the section repealed by Section 2, above. Packet Pg. 41  6.3.a Attachment: Nuisance and Abandoned Vehicle Ordinance for November 20 BCC (1177 : Public Hearing - Chapter 9 LDC Abandoned & Nuisance Section 4. Creation of Article III of Chapter 21 of the Code of Ordinances of Okaloosa County. There is hereby created Article III of Chapter 21 of the Code of Ordinances of Okaloosa County, Florida, as follows: ARTICLE III – ABANDONED AND NUISANCE VEHICLES Sec. 21-61 - Generally. It shall be a violation of this Article for any person to keep any motor vehicle, vessel as defined by Section 327.02, Florida Statutes (hereinafter referred to as a boat or boats), or trailer on any property in Okaloosa County except as provided herein and in conformance with the requirements of Chapter 21, Article II of the Okaloosa County, Florida, Code of Ordinances. Sec. 21-62 - Applicability. In regard to vehicles, boats, or trailers abandoned in rights-of-way, this article shall apply to all areas in Okaloosa County over which the Okaloosa County Sheriff’s Office has jurisdiction for traffic matters. For nuisance vehicles on private property, this article shall apply in areas outside of municipal boundaries. Sec. 21-63 – Enforcement. The Okaloosa County Sheriff’s Office shall enforce Section 21-64, Abandoned Vehicles; the Okaloosa County Code Enforcement Division shall enforce Section 21-65, Nuisance Vehicles. Nothing herein shall preclude the Sheriff’s Office or Okaloosa County Code Enforcement from rendering aid to the other in the enforcement of this article, and the various departments under the Okaloosa County Board of County Commissioners are authorized and directed to assist the Sheriff’s Office and Code Enforcement as needed. Sec. 21-64 - Abandoned Vehicles. A. Abandoned Vehicle Defined. Any motor vehicle, boat, or trailer that does not have a current, valid license plate or, in the case of boats a current registration, parked or stored on public property, including public land as well as dedicated road and utility rights-of-way (whether developed or undeveloped) is considered an abandoned vehicle. B. Standard. Abandoned vehicles are prohibited. C. Requirements for Correction: 1. Remove vehicle to area where it can be lawfully kept in conformance with this Article. Under no circumstance can a vehicle or trailer that is does not have a current, valid license plate, or boat that does not have a current, valid registration, be stored in a right-of-way or roadway. 2. Corrective action must occur within ten (10) days of notice or the vehicle, boat, or trailer will be towed at the owner's expense. Sec. 61-65 - Nuisance Vehicles. A. Nuisance Vehicle Defined. Any motor vehicle, boat, or trailer not kept in accordance with this Section is a nuisance vehicle. B. Standards. Packet Pg. 42  6.3.a Attachment: Nuisance and Abandoned Vehicle Ordinance for November 20 BCC (1177 : Public Hearing - Chapter 9 LDC Abandoned & Nuisance 1. Location on private property. Unless located on a property for which the zoning designation allows vehicle sales or storage as a permitted use and all requisite approvals have been obtained (including, for example, new or used car dealers, commercial garages, boatyards, pick-and-pull yards, or body shops and similar businesses at which it is customary for vehicles to be temporarily stored while awaiting service), it shall be unlawful and a violation of this Section to keep or allow to be kept on private property at a location visible from a public road right- of-way or public property any motor vehicle or trailer that does not have a current, unexpired license plate, or in the case of boats a current, valid registration, or which by outward appearance is inoperable. As used herein, the term “by outward appearance is inoperable” means that the vehicle’s appearance indicates that it is not capable of lawfully operating under its own power. For example, an automobile standing on flat tires or on blocks or which is missing mandatory safety equipment, or a boat with a hole in its hull, is by outward appearance inoperable. A vehicle located in a fully enclosed structure, garage, or carport, or that is behind an opaque fence which is a minimum of six (6) feet in height and which fence is between the vehicle and public rights-of-way or public properties, or which is under a specifically designed vehicle cover in good repair (general purpose tarps or other similar coverings shall not be construed to meet this requirement) shall not be considered visible from a public property or public road right-of-way. Vehicles kept under a specifically designed vehicle cover must stand on their own tires; if on trailers the trailer tires must be inflated and supporting the vehicle. C. Requirements for Correction: 1. Remove vehicle to area where it can be lawfully kept in conformance with this Article. 2. Corrective action must occur no more than 30 days of the written notice or a Notice to Appear in court will be issued for the removal of the vehicle, boat, or trailer. Sec. 21-66 – Removal of Abandoned or Nuisance Vehicles. Upon the expiration of the time for compliance, the Sheriff’s Office or Code Enforcement, as applicable, shall cause the vehicle(s) in violation to be removed from the premises. Sec. 21-67 - Penalties and Recovery of Removal Costs. A. Fines shall be as provided in Chapter 162, Florida Statutes, as follows: 1. For first-time offenses, $250 per day per violation. 2. For repeat offenses, $500 per day per violation. B. Each vehicle in non-compliance with these provisions shall be considered a separate violation. Packet Pg. 43  6.3.a Attachment: Nuisance and Abandoned Vehicle Ordinance for November 20 BCC (1177 : Public Hearing - Chapter 9 LDC Abandoned & Nuisance C. The reasonable cost of such removal, and all incidental costs, shall be in addition to, and included in, the fines imposed and shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator, pursuant to section 162.09, Florida Statutes. Section 5. Incorporation into County Code. It is hereby directed by the Board of County Commissioners that the amendments provided herein be incorporated into the Code of Ordinances of Okaloosa County, Florida, and that any renumbering of the various sections is hereby authorized as necessary to achieve that directive. Section 6. General Repeal of Conflicting Provisions. Any ordinances or portions of the Code of Ordinances of Okaloosa County in conflict herewith are hereby repealed. Section 7. Severability. If any section, subsection, clause, or other part of this ordinance is deemed unlawful in any court of law competent to decide such matters, said section, subsection, clause, or other part shall be severed and held as a separate provision and shall have no effect on the remainder. Section 8. Effective Date. This ordinance shall take effect as provided by law. PASSED AND DULY ADOPTED in regular session this _______ day of ___________, 2012. BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA: ____________________________________ Don R. Amunds, Chairman ATTEST: _________________________________ Don Howard Clerk of Circuit Court Packet Pg. 44  7.1 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 20, 2012 TO: Honorable Chairman and Members of the Board FROM: Teresa Ward, BCC Clerk SUBJECT: Minutes for October 16, 2012 Regular Meeting Request approval of the minutes for the October 16, 2012 Regular Commission Meeting. Packet Pg. 45  7.1.a October 16, 2012 Regular Tuesday Meeting The regular Tuesday meeting of the Okaloosa County Board of County Commissioners was called to order at 6:00 p.m. at the Water & Sewer Administration Building. Members present were Don R. Amunds, Chairman; Dave Parisot, Vice Chairman; Wayne Harris; and Bill Roberts. Also present were Gary J. Stanford, Finance Attachment: October 16, 2012 Minutes (1186 : Minutes for October 16, 2012 Regular Meeting) Officer, Clerk’s Office; John R. Dowd, County Attorney; James Curry, County Administrator; and members of the press. PUBLIC INFORMATION OFFICER UPDATES Mrs. Kathy Newby, Public Information Officer, played the promotional advertisement for the Okaloosa Today program which airs on Cox Channel 6. She noted that Tourist Development Director Daniel O’Byrne will be the next guest on the program. Mrs. Newby reported the Tourist Development Department has a new website which provides information for residents who would like to know more about the department. In other news, Mrs. Newby pointed out Okaloosa Public Arts has provided a new art exhibit in the Annex Extension Building. She added there is also a tribute to the late Newman C. “Buddy” Brackin, Clerk of Circuit Court. She asked everyone to save the dates of November 5, 2012 for the grand opening of the new Extension Building in Crestview and November 9 for the groundbreaking ceremony for Veterans Park. COUNTY ADMINISTRATOR’S UPDATE Mr. Curry stated one of the items on tonight’s agenda is the consideration of a lease agreement with Emerald Coast Wildlife Refuge for a 3.6-acre parcel on Okaloosa Island. He said the other two lease agreements for county-owned Island property with Wet Willy’s and AquaGreen have been submitted to the Growth Management Department for processing of development orders. COMMISSIONER PARISOT – UPDATE ON GULF COAST CONSORTIUM Mr. Parisot informed the Board that 19 of the 23 counties have joined the Gulf Coast Consortium and indications are that all 23 counties will join. October 16, 2012 -1- Minute Book 68, Page Okaloosa County Board of County Commissioners Packet Pg. 46  7.1.a CONSENT AGENDA APPROVAL Mr. Harris made motion, seconded by Mr. Roberts, to approve the Consent Agenda (Items #1 through #22). 4 yeas. 1. September 6, 2012 Tentative Budget Hearing Minutes 2. September 11, 2012 RESTORE Act Workshop Minutes 3. September 18, 2012 Regular Meeting Minutes 4. September 18, 2012 Final Budget Hearing Minutes Attachment: October 16, 2012 Minutes (1186 : Minutes for October 16, 2012 Regular Meeting) 5. Resolution amending FY 2012 Budget, General Fund (cost allocation appropriations) RESOLUTION NO. 12-144 (BA #147) 6. Resolution amending FY 2012 Budget, E911 Operations Fund (appropriations for state-shared 9-1-1 fees) RESOLUTION NO. 12-145 (BA #148) 7. Resolution amending FY 2012 Budget, Prisoner Benefit Fund (appropriations from under-budgeted revenues) RESOLUTION NO. 12-146 (BA #149) 8. Resolution amending FY 2012 Budget, Capital Outlay Construction Fund (fiber reimbursements) RESOLUTION NO. 12-147 (BA #150) 9. Resolution amending FY 2012 Budget, Airport Enterprise Fund (FAA grant to rehabilitate public parking facilities and security-related areas) RESOLUTION NO. 12-148 (BA #151) 10. Resolution amending FY 2013 Budget, General Fund (budget transfer from Health Department) RESOLUTION NO. 12-149 (BA #6) 11. Budget Transfer: County Health Department Fund; transfer $18,640 to General Fund to increase PAWS contract; BT-13-01 12. Resolution amending FY 2013 Budget, General Fund (FDOT Operating Assistance Block Grant) RESOLUTION NO. 12-150 (BA #7) 13. Resolution amending FY 2013 Budget, Law Enforcement Trust Fund (cash carried forward) RESOLUTION NO. 12-151 (BA #8) 14. Budget Transfer: Road & Bridge Construction Fund; transfer from reserves to cold mix rehabilitation, transfer from road striping to road millings and transfer from District II resurfacing account to road millings; BT-13-02 15. Tourist Development: Emerald Coast Convention Center Elevator Addition--Change Order #1 with Lord & Son increasing contract sum by $2,035 and 49 days and final invoice (Application #7RET) from Lord & Son for $37,733.50 16. Public Event Permit request from Special Forces Association Chapter 7 for Jingle Bell Jog on December 8, 2012 October 16, 2012 -2- Minute Book 68, Page Okaloosa County Board of County Commissioners Packet Pg. 47  7.1.a 17. Public Defender: Request to transfer $88 from IT Reserves to line item 53101 Salaries 18. Purchasing: Removal of surplus property from Fixed Asset List: 2003 Winnebago Adventurer Motor Home 19. Corrections: final payment (Invoice #7202000530) to Aramark Food Service for $6,971.32 20. Public Works: Request to allow Purchasing Department to seek quotes rather than formal bids for purchase of asphalt Attachment: October 16, 2012 Minutes (1186 : Minutes for October 16, 2012 Regular Meeting) millings 21. Judicial: Final payment request (September 1-30, 2012) from Emerald Coast Children’s Advocacy Center in the amount of $11,243.38 22. Resolution authorizing Surety Land Title of Florida to prepare quitclaim deeds for successful bidders converting their Okaloosa Island leasehold interests to fee simple titles (Thomas and Darlene K. Speed; Kenneth Comiksey and Julia Harvey; Thomas E. and Amrett B. Littleton) RESOLUTION NO. 12-152 4 yeas. WATER & SEWER SYSTEM – SERVICE AGREEMENT WITH COX COMMUNICATIONS FOR FIBER OPTICS NETWORK TO SUPPORT SCADA SYSTEM Mr. Jeff Littrell, Water & Sewer System Director, requested this item be removed from consideration because he would like to coordinate with the IS Department more on this issue. AIRPORTS – APPROVAL OF TASK ORDER NO. 8 WITH REYNOLDS, SMITH AND HILL FOR PREPARATION OF ENVIRONMENTAL ASSESSMENT FOR AIR TRAFFIC CONTROL TOWER AT DESTIN AIRPORT Mr. Greg Donovan, Airports Director, requested approval of Task Order No. 8 with Reynolds, Smith and Hill, Inc. (RS&H) to prepare the environmental assessment for the new air traffic control tower at the Destin Airport. RS&H will develop an environmental assessment which complies with the requirements and guidelines of FAA Orders 1050.1E, Environmental Impacts Policies and Procedures 5050.4B and NEPA Implementing Instructions for Airport Actions. The proposed project will also include the development of the air traffic control tower, an access road and parking areas. Mr. Donovan stated these efforts are eligible for reimbursement by FAA at 90%. The remaining local match will come from airport-generated funds. The amount of the task order is $108,320. Mr. Parisot made motion, seconded by Mr. Harris, to approve Task Order No. 8 with Reynolds, Smith and Hill. 4 yeas. October 16, 2012 -3- Minute Book 68, Page Okaloosa County Board of County Commissioners Packet Pg. 48  7.1.a PUBLIC WORKS – VESSEL TRAFFIC STUDY FOR EXTENSION OF “SLOW SPEED MINIMUM WAKE ZONE” AT EAST PASS Mrs. Zan Fedorak, Public Works Department, stated she will be filling in tonight for John Hofstad (Director) who is ill. Mrs. Fedorak reported that a grant application was submitted for a vessel traffic study for extension of the Slow Speed – Minimum Wake Zone for East Pass; however, staff received notification in Attachment: October 16, 2012 Minutes (1186 : Minutes for October 16, 2012 Regular Meeting) late September that Okaloosa County was not selected for the grant award. She stated the estimated cost of the study is $34,337. The City of Destin has committed its annual Florida Boating Improvement Fund (FBIF) allotment of $15,000 toward the cost of the study. Mrs. Fedorak requested Board direction. Mr. Amunds asked if Public Works has money in its budget for the remaining cost of the study. Mrs. Fedorak answered the money could be taken from the FBIF reserve funds which currently total about $33,000. Mr. Parisot commented those FBIF monies are to be used for expansion of the boat trailer parking area on the Island and for Veterans Park. He considered these two projects of higher priority than the vessel study. Mr. Parisot said he recalls the Board stated they would support the study contingent upon the grant award. Mr. Harris agreed and made motion, seconded by Mr. Parisot, to disapprove moving forward with the vessel study. 4 yeas. PUBLIC WORKS – REQUEST FOR PUBLIC HEARING TO AMEND SOLID WASTE ORDINANCE Mrs. Fedorak asked for Board direction regarding a proposal to amend the Solid Waste Ordinance by implementing the collection of a deposit for solid waste services for all new customers and for customers with a record of non-payment for the previous 12- month period. She stated “We have $180,000 in annual bad debt expenses.” Mr. Amunds corrected her and said the county does not have these bad debts. Mr. Harris stated that is Waste Management’s problem. Mr. Parisot reported this has become a “sticky wicket” in contract negotiations with Waste Management regarding the enhanced recycling program. Mr. Harris stated Waste Management should be responsible for its only collection of bad debts. He also termed implementation of a solid waste deposit and October 16, 2012 -4- Minute Book 68, Page Okaloosa County Board of County Commissioners Packet Pg. 49  7.1.a negotiations for a enhanced recycling program as mixing apples and oranges. Mr. Amunds stated the contract with Waste Management is for $50 Million over five years and questioned the emphasis placed on $180,000 for bad debts. He said people are hurting out there and the economy continues to struggle. Mr. Amunds stated imposing this deposit on people coming to our county is not Attachment: October 16, 2012 Minutes (1186 : Minutes for October 16, 2012 Regular Meeting) friendly. Mr. Roberts agreed, saying a deposit is a fee and a fee is a tax. He also said this should not be used as a leverage tool in contract negotiations. Mr. Harris made motion, seconded by Mr. Roberts, to disapprove the request for a public hearing to amend the Solid Waste Ordinance. 3 yeas, 1 nay. (Mr. Parisot voted no.) PUBLIC WORKS – AMENDED BY-LAWS FOR PARKS ADVISORY COMMITTEE Mrs. Fedorak stated the revisions to the Parks Advisory Committee By-Laws were approved by the Committee on October 2. She submitted the By-Laws for consideration. She also distributed a sheet showing current positions and vacancies on the committee. Mrs. Fedorak reported the changes allow for more flexibility in the appointment of members and eliminates the term “Alternate.” Meetings are scheduled to occur at least monthly and the definition of a quorum is clarified. The Public Works Director is also given some authority for removal of members for lack of participation. Mr. Harris said he believes there is a core group of people who will bring life to this committee. He felt a lack of leadership in the past was a big issue. Mr. Harris noted that he will find an individual to represent District I on the committee as it is now vacant. He said it will also be necessary to find someone to represent District V. Mr. Parisot thanked the committee for its work on the By-Laws and said he believes it will be a better organization. Mr. Parisot made motion, seconded by Mr. Harris, to approve the revisions to the By-Laws for the Parks Advisory Committee. Discussion ensued regarding appointments and making provisions for having meetings without a quorum. Mr. Harris pointed out they will seek volunteers rather than just appoint someone and there is nothing pressing to force a meeting in the near future. Mr. Amunds said staff will work on this issue and return with a recommendation to the Board. 4 yeas. October 16, 2012 -5- Minute Book 68, Page Okaloosa County Board of County Commissioners Packet Pg. 50  7.1.a PURCHASING – PROPOSED CONTRACT WITH LORD & SON FOR RENOVATION OF SHALIMAR ANNEX Mr. Richard Brannon, Purchasing Director, presented a proposed contract with Lord & Son Construction for Phase I of the renovations to the Shalimar Annex. The estimated cost of the renovation project is $6 Million. Phase one will cover design- build and architectural services for a cost of $166,597. He Attachment: October 16, 2012 Minutes (1186 : Minutes for October 16, 2012 Regular Meeting) pointed out there is verbiage to cancel the work if the county is not successful in the appeal challenge regarding the Reverter Clause at the Shalimar Annex. (NOTE: In February 2012, Lord & Son was selected as the top- ranked firm out of the 12 firms which responded to the Request for Proposals issued in November 2011.) Mr. Curry stated this contract will cover Phases I and II and there will be an opportunity to terminate the contract at the end of Phase I if the county loses the appeal challenge. Mr. Parisot stressed the importance of this contract coming back to the Board at the end of Phase I. Mr. Curry continued, saying there is a critical timeline to be considered. It is anticipated a decision will be made in the legal challenge by February or March 2013. If the county is successful in the challenge, it should be prepared to begin renovations because the lease for the Property Appraiser and Tax Collector at Up Town Station will expire in February 2014. Upon inquiry by Mr. Roberts, Mr. Curry stated a priority will be placed on renovating office spaces for the Property Appraiser and Tax Collector at the Shalimar Annex which will eliminate the half- million dollar lease rental for their offices. Mr. Parisot made motion, seconded by Mr. Roberts, to approve the contract with Lord & Son Construction for Phases I and II with the proviso the contract is returned to the Board for review before Phase II. 4 yeas. PUBLIC HEARING – REQUEST OF PHILLIP AND DEBORAH JENNINGS TO VACATE PORTION OF 15TH STREET IN PINE CREST S/D, NICEVILLE (6:30 P.M. Mr. Stanford read the advertised legal notice for public hearing to consider the request of Mr. and Mrs. Phillip Jennings to vacate the northern one-half of unimproved 15th Street, measuring 25 feet by 150 feet and lying west of Pine Avenue and south of October 16, 2012 -6- Minute Book 68, Page Okaloosa County Board of County Commissioners Packet Pg. 51  7.1.a and adjacent to Lots 10, 11, and 12 of Block 66, Valparaiso Realty Company’s Pine Crest Addition to Valparaiso. Mrs. Fedorak stated this subdivision was platted in 1926. She th pointed out the adjoining portion of 15 Street was previously vacated by the Board. Mrs. Fedorak reported some opposition to the request has been received. Mr. Amunds stated that earlier today he received faxed letters from Wayne Watts opposing the Attachment: October 16, 2012 Minutes (1186 : Minutes for October 16, 2012 Regular Meeting) vacation. Mrs. Fedorak said some children and families use this area as a pass-through, stating there are no sidewalks on Valparaiso Boulevard. She also advised that if it is approved, the county will retain a utility easement. Mr. Amunds opened the floor for public comment but no one came forward to speak. Mr. Parisot said he has a concern about the ditch and stormwater runoff. He stated that he had spoken with Mr. Hofstad who saw no problem. Mr. Parisot posed a concern about Mr. Jennings installing a fence if the request is approved. Mrs. Fedorak responded that fence installation is allowed but the petitioner cannot build any structure on the vacated property. Mr. Harris commented that even if the property is not vacated and someone is injured there, the county is liable. Mr. Dowd explained that if there is a known dangerous condition, the county would be liable. He said that Mr. Watts’ stated in his letters that his grandchildren use this strip of land to travel between their home and his. Mr. Harris stated the staff’s recommendation is to approve the vacation request. Upon inquiry by Mr. Roberts, Mrs. Fedorak answered staff is familiar with the objections and said they go back to the previous vacation of property on 15th Street in 2011. Mr. Parisot asked if only a portion of the request could be granted, leaving several feet for use by neighbors. Mr. Dowd said it will be necessary to re-advertise with those specifications. Mr. Roberts suggested tabling the hearing and asking staff to return with more input. He then made motion, seconded by Mr. Harris, to table this public hearing until November 20 at 9 a.m. in Fort Walton Beach. October 16, 2012 -7- Minute Book 68, Page Okaloosa County Board of County Commissioners Packet Pg. 52  7.1.a Mr. Phillip Jennings, petitioner, stated some of the photographs used by the department to discuss this hearing request are not of the subject right-of-way. He clarified the photographs on the screen and pointed out the boundary of the county’s ownership. He noted on the picture accurately showing the requested right-of-way vacation that there will be four or five feet beyond that boundary that would still be open for foot traffic. Mr. Jennings reported the problems he has had with Attachment: October 16, 2012 Minutes (1186 : Minutes for October 16, 2012 Regular Meeting) ATVs and golf carts traversing this area. Mr. Parisot stated the county has already vacated the other portion of the right-of-way but no fence was installed. Mr. Harris said a precedent has been set. The vote was taken on the motion to table—4 yeas. PUBLIC HEARING – ORDINANCE AMENDING BEACH RESTORATION MSBU ORDINANCE; RESOLUTION REFUNDING ASSESSMENTS FOR CERTAIN EXCLUDED PROPERTIES (6:30 P.M.) Mr. Stanford read the advertised legal notice for public hearing to consider adoption of an ordinance amending Ordinance No. 07- 71, making various legislative findings, removing certain properties from the Destin sub-area of the Okaloosa County Beach Restoration Project Municipal Services Benefit Unit (MSBU) and ordering refunds to properties excluded from the assessment area. Mr. Daniel O’Byrne, Tourist Development Director, stated attorney Steve Hall is present to answer any questions. Mr. Hall stated this is the final step in the settlement to set aside the lawsuit and to go forward with the West Destin Beach Restoration Project. He pointed out these are the same steps taken when Oceania Condominium was removed from the MSBU. Mr. Hall said earlier this year when the annual assessment resolution was adopted by the Board, the subject properties in the West Destin sub-area were not included. Mr. Amunds opened the floor for public comment but no one came forward to speak. Mr. Harris read an email letter he received from Annette Riedemann on October 15 with regard to the subject hearing. Ms. Riedemann lives on Holiday Isle, north of Gulf Shore Drive on Durango Road. She said that she is about four blocks from the nearest beach access. Ms. Riedemann stated, “If property owners October 16, 2012 -8- Minute Book 68, Page Okaloosa County Board of County Commissioners Packet Pg. 53  7.1.a directly on the beach can get exemption from this tax and also get a refund for taxes already paid, then I feel all other owners like myself be given the same consideration.” She continued, “As I understand the issue, these property owners on the beach do not want their section to be restored. But, I am sure they will still be using the beach for recreation purposes. Some of the property owners even rent their properties to vacationers and for wedding and other private party groups.” Attachment: October 16, 2012 Minutes (1186 : Minutes for October 16, 2012 Regular Meeting) Mr. Harris stated he agrees with her 100% and termed it as selective taxing. He said in his opinion “We have opened a bucket of worms when we did it before.” Mr. Parisot pointed out that in a previous meeting he suggested omitting those property owners paying the recreational assessment north of Gulf Shore Drive. He said the remaining funds in the MSBU and the penny bed tax will cover the Beach Restoration Revenue Note. Mr. Parisot reiterated he believes the Board should provide relief regarding the recreational assessment. Mr. Roberts stated he has a different opinion. He stressed the importance of the big picture and noted when the City of Destin conducted a survey, the majority of property owners were in agreement. Mr. Roberts said the Board has let 13 properties owners and Oceania Condominium out of the MSBU because of a court battle. He again said the big picture is beach restoration and he believes the majority of the people want that. Mr. Amunds asked Mr. Hall if the Board approves it tonight, can they at some time in the future reconsider the issue and amend the ordinance with regard to the recreational assessment. Mr. Hall replied the Board will be limited in what it can do because of the language in the advertised notice for tonight’s hearing. He also advised that later in the meeting the Board will consider a Beach Restoration Revenue Note which will pledge revenues that are included in the special assessment. Mr. Mark Mustian, County’s Bond Counsel with Nabors Giblin & Nickerson, stated a Request For Proposals (RFP) was issued to receive proposals from banks for a note for the beach restoration project. Pledging one cent of the tourist tax and revenues from the special beach restoration MSBU assessment are required. Any amendment to the loan documents will require bank consent. Mr. Mustian stated if the Board wants to amend the October 16, 2012 -9- Minute Book 68, Page Okaloosa County Board of County Commissioners Packet Pg. 54  7.1.a MSBU, then the county should talk to the bank before closing on the loan. Mr. Harris said he has only heard from one person and asked how much the recreational assessment is. He was told it is $53 per year. Mr. Curry reported the City of Destin opened bids for Attachment: October 16, 2012 Minutes (1186 : Minutes for October 16, 2012 Regular Meeting) construction of the project today. Jim Trifilio, Coastal Management Coordinator, verified that Destin did open bids earlier today. Those bids ranged from $6.8 Million to $8.5 Million. He expects the Destin City Council to award the bid next Monday. Mr. Dowd pointed out that if the Board does not take action on the proposed ordinance, the City cannot award the bid. Mr. Mustian explained that the way the loan is set up, the assessments are pledged and used before the penny bed tax. He reiterated that the bank must approve any amendments. Mr. Parisot commented that if you wanted a refund, it appears you have to sue someone. Mr. Harris referred to the statement he read from Ms. Riedemann and noted that is only one person’s opinion. He said he would like to hear objections from many more property owners that the assessment is unfair before taking any action. Mr. Harris stated he is not opposed to the ordinance at this time. Mr. Roberts made motion, seconded by Mr. Harris, to adopt the ordinance as presented and to adopt a resolution authorizing payment of refunds to certain property owners excluded from the Beach Restoration MSBU. 3 yeas, 1 nay. (Mr. Parisot voted no.) ORDINANCE NO. 12-23 RESOLUTION NO. 12-143 PURCHASING – EMERALD COAST WILDLIFE REFUGE LEASE Mr. Richard Brannon, Purchasing Director, brought for consideration a lease with Emerald Coast Wildlife Refuge (ECWF) for 3.6 acres on Okaloosa Island. The proposed term is for ten years with four optional ten-year renewals. He said the lease is similar to the leases with AquaGreen and Wild Willy’s. Mr. Harris stated that it will be difficult for a bank to loan money on a ten-year lease. Mr. Roberts said he spoke with October 16, 2012 -10- Minute Book 68, Page Okaloosa County Board of County Commissioners Packet Pg. 55  7.1.a Amanda Wilkerson, Director of ECWR, and asked her to comment on the proposed lease. Ms. Wilkerson said the ECWR Board of Directors would like to request a thirty year lease with two ten-year options. She advised the request is based on financing and donors. Mr. Harris asked if a twenty-year lease with an option for ten additional years is acceptable. Ms. Wilkerson replied “That would be better.” Mr. Harris recommended twenty years with an option for ten additional years and negotiations Attachment: October 16, 2012 Minutes (1186 : Minutes for October 16, 2012 Regular Meeting) for a different lease amount at the ten-year mark. After a brief discussion Mr. Harris stated he will make a motion to that effect. Mr. Parisot asked if compliance with Okaloosa Island Covenants will be included in the lease. He also asked if consideration will be given to the plans for a boardwalk along the bay, noting the proposed lease goes all the way to the water. Ms. Wilkerson stated ECWR has previously agreed to that. Mr. Parisot felt it should be in the lease and Mr. Harris agreed. Mr. Brannon referred to Item #25 on Page 7 which outlines compliance with the Restrictive Covenants of Okaloosa Island. Mr. Parisot questioned review by the Okaloosa Island Leaseholders Association Architectural Review Committee. Again, Mr. Brannon advised compliance with the Covenants is outlined in two places in the lease. Mr. Parisot said Item #26 does not specify how much construction must be completed at the end of two years. He asked if the ECWR has submitted any plans. Mr. Brannon responded the lease states construction must be completed and operational within two years. Mr. Harris commented that he does not see any problem and it seems clear. Mr. Parisot renewed his concern about what must be completed at the end of two years. Mr. Harris responded they cannot submit anything until they get a lease and he is not going to micromanage this. Mr. Amunds stated the ECWR has been awesome, noting they are talking about building a half-million dollar structure. He pointed out that if the lease requirements are not fulfilled at the end of two years, the property will be returned to the county. Mr. Parisot did not want his comments to be misleading and said he fully support ECWR. He said he has not seen anything officially on what the organization plans to do. October 16, 2012 -11- Minute Book 68, Page Okaloosa County Board of County Commissioners Packet Pg. 56  7.1.a Ms. Wilkerson stated they would be ready to submit the DO in 45 days and begin with the rehabilitation clinic and Phase I will include the education center. She stated the reason they have been delayed in presenting anything on the property is because of their involvements following the BP oil spill took much of staff’s time. Mr. Harris made motion, seconded by Mr. Roberts, to approve the Attachment: October 16, 2012 Minutes (1186 : Minutes for October 16, 2012 Regular Meeting) lease with a modification of term for twenty years with an option for ten additional years and an opportunity ten years into the lease to renegotiate the lease fee. Mr. Harris added a provision for the construction of the boardwalk. 4 yeas. PURCHASING – DISCUSSION AND GUIDANCE REGARDING ZIMMERMAN PROTEST ON TOURIST DEVELOPMENT ADVERTISING/MARKETING CONTRACT AWARD Mr. Brannon stated at the October 2, 2012 BCC meeting, the Board authorized staff to negotiate with the number 1 ranked firm (Peter Mayer Advertising) for marketing and advertising services for the Tourist Development Department. Subsequently, the Zimmerman Agency filed a formal protest relating to the evaluation process and the recommended award to Peter Mayer Advertising. Mr. Brannon said the county’s protest procedures were followed. Mr. Curry and Mr. Dowd were required to review all records and make a recommendation to the Board. Mr. Harris stated he sat on the review committee and a question arose when they learned two firms—Noise, Inc. and Zimmerman Agency—had contracts with a competing local area. He said the firms were graded on their presentations. Mr. Harris added that Noise stated if it was awarded the bid, they would cancel their contract with Santa Rosa Beach. Mr. Dowd stated he and the County Administrator met in accordance to protest procedures. He said their recommendation was prepared after review of considerable evidence. Mr. Dowd advised their recommendation is to deny the protest. They concluded the ranking and selection conducted by the Screening Committee was fair and non-discriminatory and consistent with the purchasing policies of the county and the RFQ. He said the rankings and process was not arbitrary and capricious but reasonable and fair. Mr. Harris made motion to deny the protest. October 16, 2012 -12- Minute Book 68, Page Okaloosa County Board of County Commissioners Packet Pg. 57  7.1.a Mr. Parisot said he would like to reword that and made motion to approve the recommendation of Mr. Dowd and Mr. Curry to deny the protest. Mr. Harris stated that he will accept that. Mr. Dowd asked for the motion to also waive the irregularity of bringing the recommendation of the screening committee to the Board before the protest was filed. Mr. Parisot amended his motion to include the County Attorney’s remarks. Mr. Harris withdrew his motion and seconded Mr. Parisot’s motion. 4 yeas. Attachment: October 16, 2012 Minutes (1186 : Minutes for October 16, 2012 Regular Meeting) TOURIST DEVELOPMENT – WAIVER OF TERM LIMITS FOR TDC CHAIRMAN; APPROVAL FOR KATHY HOUCHINS TO SERVE THIRD TERM AS TDC CHAIRMAN Mr. Daniel O’Byrne, Tourist Development Director, requested a waiver of the two one-year term limitation for an individual to serve as Chairman of the Tourist Development Council (TDC). If the Board approves the waiver, he will then request Kathy Houchins be approved to serve as TDC Chairman for a third year. The TDC voted unanimously at its August 22 meeting to elect Kathy Houchins to serve as Chairman subject to the Board’s approval and waiver of the term limitation. Mr. Parisot said he would like to table this item and referenced discussion at a future TDC meeting (October 24) on the Tourist Develop Operations Manual. He noted that currently the policies and procedures do not allow an individual to serve as Chairman (or Vice Chairman) more than two fiscal years. Upon inquiry by Mr. Amunds, Mr. O’Bryne stated Ms. Houchins’ termed expired on October 1. Mr. Parisot made motion, seconded by Mr. Harris, to table this item until November 20. 4 yeas. TOURIST DEVELOPMENT – TASK ORDER NO. 13 WITH TAYLOR ENGINEERING, OKALOOSA ISLAND DUNE FLORA RESTORATION AND BEACH ACCESS MANAGEMENT PROJECT Mr. O’Byrne requested approval of Task Order No. 13 with Taylor Engineering for the Okaloosa Island Dune Flora Restoration and Beach Access Management Project. The total cost of the project is $39,367 with the county’s obligation being $21,973.50. Mr. Matt Trammell, Taylor Engineering, gave a brief PowerPoint presentation on the scope of the project. The items covered in the talk were: • Project area (El Matador Condo to Beasley Park) October 16, 2012 -13- Minute Book 68, Page Okaloosa County Board of County Commissioners Packet Pg. 58  7.1.a • Native Dune Vegetation (70% sea oats/30% other natives; 4- inch container plants) • Sand fencing • Enhancements to existing public access (post and rope along existing pathways; rope along sand fencing) • Education signage (along toe of dune and large signs at existing major accesses) Attachment: October 16, 2012 Minutes (1186 : Minutes for October 16, 2012 Regular Meeting) Mr. Trammell stated concern has been expressed about the volunteer planting projects. He said the contractor will be encouraged to use volunteers. Mr. Trammel said the contractor will have stringent requirements to use plants which do not require water and must have a survivability of 80% to 90% 180 days out or they must be replaced. Existing vegetation cannot be damaged. He said there is also an issue of insurance and liability for volunteers. Mr. Trammel repeated use of volunteers will be encouraged but not required. Mr. Jim Trifilio, Coastal Management Coordinator, stated the cost of the project falls below the threshold for Board approval but they thought it was appropriate to bring the project to the Board. He advised the project will be funded by tourist development tax dollars and a State grant. Mrs. Rebecca Sherry, President of the Condo Alliance on Okaloosa Island, stated the county project will take place after the scheduled volunteer planting in March 2013. She asked that bid services take into consideration the volunteer efforts. Mrs. Sherry felt a coordinated response of volunteers supplemented by the county’s paid efforts is most beneficial. Mrs. Sherry thanked Mr. Parisot for information provided earlier today about registration for NRDA funding. She stated the Condo Alliance has taken the first step to register with the State. Mr. Harris thanked Rebecca and Dave Sherry and the volunteers for their efforts. He said it would be wrong not to include them in this project. Mr. Parisot referred to Mrs. Sherry’s comments on registering with the State for NRDA funding. He said all contracting is being done by the State and the volunteers must qualify. Mr. Parisot stated the volunteers are planning to plant about 1.5 miles of the same stretch the county is going to contract out and asked Mr. Trifilio for comment. October 16, 2012 -14- Minute Book 68, Page Okaloosa County Board of County Commissioners Packet Pg. 59  7.1.a Mr. Trifilio said the volunteer efforts and the county’s efforts should be complementary, not competitive. He said they are looking at performing the Destin and Okaloosa Island projects at the same time to take advantage of better pricing for the plants. Mr. Trifilio said construction could begin in February 2013. Mr. Parisot made motion, seconded by Mr. Harris, to approve Task Attachment: October 16, 2012 Minutes (1186 : Minutes for October 16, 2012 Regular Meeting) Order No. 13 with Taylor Engineering. 4 yeas. TOURIST DEVELOPMENT – BEACH RESTORATION REVENUE NOTE, SERIES 2012; SELECTION OF HANCOCK BANK AS PROVIDER Pursuant to Board directive on September 18, 2012, staff issued a Request for Proposals (RFP) for a “non-bank qualified” loan for Beach Restoration Revenue Note, Series 2012 not exceeding $5 Million as partial funding for the Western Destin Beach Restoration Project. Proposals were reviewed by staff, the financial advisor (First Southwest), and Bond Counsel Mark Mustian. Mr. O’Byrne requested the Board approve the selection of Hancock Bank as the financial institution for this revenue note. Mr. Mustian stated in addition to the selection of Hancock Bank as the provider, he is requesting the Board adopt a resolution authorizing the issuance of the note and all associated financial documents. He pointed out the documents were provided in the agenda package to allow review. Mr. Mustian stated prepayment of the loan is allowed at any time and there is no required reserve account. Mr. Parisot made motion, seconded by Mr. Harris, to approve the selection of Hancock Bank; adopt the resolution authorizing issuance of the $5 Million Beach Restoration Revenue Note, Series 2012; and authorize execution of all closing documents. 4 yeas. RESOLUTION NO. 12-142 NEW BUSINESS – STATE AND FEDERAL LEGISLATIVE ISSUES Mr. Curry stated the next item is discussion of State and Legislative issues. Mr. Harris stated he would like for the new entrance road (Boulevard) to Bob Sikes Airport to have a higher priority than Hare Street. Mr. Parisot said he believes there will be right-of-way issues on Hare Street and agreed with Mr. October 16, 2012 -15- Minute Book 68, Page Okaloosa County Board of County Commissioners Packet Pg. 60  7.1.a Harris on the priority of the Boulevard or Gateway to Bob Sikes Airport. Mr. Harris felt the entry to Bob Sikes Airport should be the number one priority and Fairchild Road should be number two. Mr. Parisot stated counties around the state who have taken on the duties of the DMV, like Okaloosa County, are losing money on this added responsibility. He felt getting more of the State’s Attachment: October 16, 2012 Minutes (1186 : Minutes for October 16, 2012 Regular Meeting) share for the basic driver’s license cost should be added to the State Legislative list. Mr. Harris said EPA may come back on the mercury/nutrient levels for wastewater and suggested we look at that concern. Upon inquiry by Mr. Amunds, Mr. Curry responded the issues are not listed in any particular order because there are several different pots of money at the Federal level. He requested the lists be adopted at this time, noting they can continue to be amended. Mr. Harris made motion, second by Mr. Parisot, to approve the State and Federal Legislative Issues for 2013. 4 yeas. NEW BUSINESS – MEETING SCHEDULE FOR JANUARY, FEBRUARY, AND MARCH 2013 Mr. Curry asked for consideration of the schedule for meetings and workshops for the second quarter of FY 2013 (January, February, and March). Mr. Harris made motion, seconded by Mr. Parisot, to approve the schedule as presented. 4 yeas. NEW BUSINESS – NAMING OF NEW OKALOOSA COUNTY AGRICULTURE EXTENSION BUILDING Mr. Roberts stated November 5 will be a special day for this county with the grand opening of the new Agriculture Extension Building in Crestview. He referred to recently retired Extension Agent Gerald Edmondson whose persistent help make this a reality. Mr. Roberts said he believes it would be appropriate to name the new facility the Gerald Edmondson Extension Building. Upon inquiry by Mr. Harris, Mr. Dowd stated approval is not needed from the University of Florida because it is a county-owned facility. Mr. Roberts made motion, seconded by Mr. Harris, to name the building after Gerald Edmondson. 4 yeas. October 16, 2012 -16- Minute Book 68, Page Okaloosa County Board of County Commissioners Packet Pg. 61  7.1.a COUNTY ADMINISTRATOR’S RETIREMENT Mr. Harris said he has spoken with Mr. Curry about his retirement and he believes it is time to begin looking for Mr. Curry’s replacement. Mr. Amunds said he believes it is important to have a new County Administrator in place before the budget process begins for next year. Mr. Curry encouraged the Board to get an early start. Attachment: October 16, 2012 Minutes (1186 : Minutes for October 16, 2012 Regular Meeting) COUNTY ADMINISTRATOR – CHANGE IN AGENDA FORMAT Mr. Curry stated a major change is forthcoming. He said today’s meeting is the last time the commissioners will be relying on large notebooks with printed agenda requests and backup documents. He said the new MinuteTraq system will be used at the first meeting in November. Mr. Curry pointed out this new system will be on the county’s website and citizens will be able to see all documents. VISITOR – JODY SMALLWOOD, COLLEGE STUDENT Mr. Jody Smallwood, Lakeview Drive, Crestview, thanked the commissioners for their service to the county. He said that he is a student at Northwest Florida State College and his class was tasked with reviewing the county budget and reducing it by 10% without cutting major functions. He said one of the questions which arose during class discussion was why the Parks budget is $2.2 Million when it has a $3.9 Million Reserve Fund. Mr. Curry answered that many times there are projects which may be years in the making and you try to build up funds so when the engineering portion of the project has been completed, there are funds available to carry out the construction phase. He told Mr. Smallwood that cutting 10% from the budget is quite a homework assignment. Mr. Curry provided him with his card and said he will be happy to talk with him about the budget process. ADJOURNMENT There being no further business to come before the Board, the meeting was adjourned at 8:00 p.m. _____________________________ _______________________________ DON W. HOWARD DON R. AMUNDS, CHAIRMAN CLERK OF CIRCUIT COURT BOARD OF COUNTY COMMISSIONERS (These minutes were transcribed by Teresa Ward.) October 16, 2012 -17- Minute Book 68, Page Okaloosa County Board of County Commissioners Packet Pg. 62  7.2 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 20, 2012 TO: Honorable Chairman and Members of the Board FROM: David Skarzynski, Budget Manager SUBJECT: Budget Resolutions and Transfers Resolution amending the Fiscal Year 2013 Tourist Development Fund to reflect appropriations from Florida Department of Transportation (FDOT) for urban corridor in the amount of $200,000. BT-13-07 transfer approved funding from other improved accounts to newly created account to account for bridge conversion expenses in the amount of $200,000. BT-13-08 transfer to correct an error on Budget amendment #7 dated October 12, 2012, which had the wrong account number on it. Packet Pg. 63  7.2.a RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2013 BUDGET TOURIST DEVELOPMENT FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations from Florida Department of Transportation (FDOT) for urban corridor to improve the level of transit on US98 grant, and WHEREAS, said additional revenue is evident, and WHEREAS, Section 129.06(2)(d), Florida Statutes provides that a County may, by resolution of the Board of County Commissioners at any time during the fiscal year, appropriate and expend funds received for a particular purpose from a source not anticipated in the original Attachment: 13-104-02 _FY13_.docx (1184 : Budget Resolutions and Transfers) budget, and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Okaloosa County, Florida that the budget for the Tourist Development Fund be increased, additional receipts appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT Mass Transit – State 711242R-334420 $200,000 EXPENDITURES DEPT-ACCOUNT AMOUNT Contract Services – O.C.T. 711242-534410 $200,000 Adopted this regular session the 20th day of November 2012. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ DON R. AMUNDS, CHAIRMAN ATTEST: DON W. HOWARD CLERK OF CIRCUIT COURT BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 64  7.2.b Packet Pg. 65 Attachment: BT-13-07 (FY13).pdf (1184 : Budget Resolutions and Transfers)  7.2.b Packet Pg. 66 Attachment: BT-13-07 (FY13).pdf (1184 : Budget Resolutions and Transfers)  7.2.c Packet Pg. 67 Attachment: BT-13-08 (FY13).pdf (1184 : Budget Resolutions and Transfers)  7.3 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 20, 2012 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Pocahontas Drive - Crawford Drainage Easement DEPARTMENT: Public Works BCC DISTRICT: 4 STATEMENT OF ISSUE: Okaloosa County Road Department recently repaired the failed drainage pipe located in the north ten feet (10’) of property owned by Ronald and Susan Crawford. This drainage system collects stormwater from the county road known as Pocahontas Drive and conveys it to Mills Bayou. BACKGROUND AND ANALYSIS: The drainage system lying along the north 10 feet of property owned by the Crawford’s has been in existence for many years. Based on a search of the records it has been discovered that this system was installed by the developer of the Colony Estates Subdivision and an adjacent landowner. A drainage easement was created and recorded between the respective parties for the infrastructure and the maintenance of which was to be the developer's responsibility, Valleybrook Developers, Inc. This drainage system collects and conveys county stormwater from Pocahontas and Alden Road; however, the county never has officially been granted a drainage easement cover the existing infrastructure. During the most recent repair to this drainage system, the staff requested that Mr. Ronald Crawford grant the Board of County Commissioners a drainage easement to facilitate the future maintenance of this system. OPTIONS: Approve/Disapprove acceptance of the Easement RECOMMENDATION: Approve the Easement for recording and acceptance into the County’s permanent maintenance system. EXHIBITS: A) Executed Drainage Easements Packet Pg. 68  7.3 B) Aerial Photo of site RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator Packet Pg. 69  7.3.a Packet Pg. 70 Attachment: Executed Easement (1080 : Pocahontas Drive - Crawford Drainage Easement)  7.3.b 10 foot wide drainage easement along the north side of Mr. Crawford’s property Attachment: Aerial View Pocahontas Drive Easement (1080 : Pocahontas Drive - Crawford Drainage Easement) 501 Pocahontas Drive Mr. Ronald Crawford’s property Lot 44, Blk. 5 Colony Estates Packet Pg. 71  7.4 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 20, 2012 TO: Honorable Chairman and Members of the Board FROM: The Pancreatic Cancer Action Network SUBJECT: Pancreatic Cancer Awareness Proclamation Request approval of proclamation designating the month of November as Pancreatic Cancer Awareness Month. Packet Pg. 72  7.4.a PROCLAMATION Attachment: Pancreatic Cancer Awareness Proclamation 2012 (1147 : Pancreatic Cancer Awareness Proclamation) WHEREAS, in 2012 an estimated 43,920 people will be diagnosed with pancreatic cancer in the United States and 37,390 will die from the disease and pancreatic cancer is one of the deadliest cancers, is the fourth leading cause of cancer death in the United States, and is the only major cancer with a five-year relative survival rate in the single digits at just six percent; and WHEREAS, when symptoms of pancreatic cancer present themselves, it is usually too late for an optimistic prognosis, and 74 percent of pancreatic cancer patients die within the first year of their diagnosis while 94 percent of pancreatic cancer patients die within the first five years and of all the racial/ethnic groups in the United States, African Americans have the highest incidence rate of pancreatic cancer, between 34 and 70 percent higher than the other groups and approximately 2,670 deaths will occur in Florida in 2012; and WHEREAS, there is no cure for pancreatic cancer and there have been no significant improvements in survival rates in the last 40 years and the federal government invests significantly less money in pancreatic cancer research than it does in any of the other leading cancer killers; and pancreatic cancer research constitutes only approximately 2 percent of the National Cancer Institute’s federal research funding, a figure far too low given the severity of the disease, its mortality rate, and how little is known about how to arrest it; and WHEREAS, the Pancreatic Cancer Action Network is the first and only national patient advocacy organization that serves the pancreatic cancer community in Okaloosa County and nationwide by focusing its efforts on public policy, research funding, patient services, and public awareness and education related to developing effective treatments and a cure for pancreatic cancer and the Pancreatic Cancer Action Network and its affiliates in Okaloosa County support those pa- tients currently battling pancreatic cancer as well as those who have lost their lives to the disease and are committed to nothing less than a cure. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Okaloosa County, Florida, that we do hereby proclaim November 2012 as PANCREATIC CANCER AWARENESS MONTH DULY PASSED AND ADOPTED this 20th day of November, 2012. BOARD OF COMMISSIONERS OKALOOSA COUNTY, FLORIDA ATTEST: _________________________________ DON R. AMUNDS CHAIRMAN ___________________________ DON W. HOWARD CLERK OF CIRCUIT COURT Packet Pg. 73  7.5 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 20, 2012 TO: Honorable Chairman and Members of the Board FROM: James D. Curry SUBJECT: Tri-County Community Council DEPARTMENT: County Administrator BCC DISTRICT: All STATEMENT OF ISSUE: Request approval of Abra McGill of Growth Management as the Okaloosa County representative on the Tri-County Community Council Board of Directors for the 2013 term. BACKGROUND: The Tri-county Community Council is a community action agency serving Bay, Holmes, Jackson, Okaloosa, Santa Rosa, Walton and Washington counties. The council is required to have a Board of Directors with representatives from government, business and low- income areas. Although a county commissioner often fills the role of representative to the council, the by-laws allow the Board to appoint a designee to represent the commission. Ms McGill fulfilled that role in 2012 and has agreed to do so again in 2013. The Department of Community Affairs requires that the Tri-County Community Council receive all appointments in writing. Letter of appointment is attached. OPTIONS: Approve or disapprove. RECOMMENDATIONS: Appoint Abra Mcgill as the Okaloosa County representative on the Tri-County Community Council Board of Directors. RECOMMENDED BY: Packet Pg. 74  7.5 APPROVED BY: James D. Curry, County Administrator Packet Pg. 75  7.5.a Board of County Commissioners State of Florida Attachment: Letter appointing McGill to Tri-County Community Council (1148 : Tri-County Community Council) November 20, 2012 Janice Richards Board of Directors Liaison Tri-County Community Council Inc. P.O. Box 1210 Bonifay, FL 32425 Dear Ms. Richards: I am in receipt of your letter requesting Okaloosa County’s appointment to the Tri- County Community Council for the 2013 term. Okaloosa County would like to re-appoint Abra McGill to serve as our representative on your board. As always, we appreciate everything that you do to aid the people of the tri-county region. Sincerely, Don Amunds Chairman BCC-North 302 N. Wilson St., Suite 302 Crestview, FL 32536 (850) 689-5030 FAX (850) 689-5025 BCC-South 1084 Lewis Turner Blvd., Suite 100 Fort Walton Beach, FL 32547 (850) 651-7105 Packet Pg. 76  7.5.b Packet Pg. 77 Attachment: Tri-County request letter (1148 : Tri-County Community Council)  7.6 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 20, 2012 TO: Honorable Chairman and Members of the Board FROM: James D. Curry SUBJECT: Shalimar Annex Renovation Project Task Force DEPARTMENT: County Administrator BCC DISTRICT: All STATEMENT OF ISSUE: At its November 6, 2012 meeting the Board authorized the formation of the Shalimar Annex Renovation Project Task Force. BACKGROUND: The following names were submitted by the stakeholders: • Don Amunds, Board of County Commissioners • Don Howard, Clerk of Courts o Kathy Henley, Clerk of Courts alternate • Major J.D. Peacock, Sheriff O Larry Ashley, Sheriff alternate • Paul Lux, Supervisor of Elections o Shirley Young, Supervisor of Elections alternate • Ben Anderson, Tax Collector • Janet Fugate, Property Appraiser o Pete Smith, Property Appraiser alternate • Rosemary Ash, Guardian ad Litem • William Bishop, State Attorney • Alicia Wardlow, Court Administration Packet Pg. 78  7.6 Judicial and Public Defender nominees to be determined and added before meeting date. All meetings of the Task Force will be public meetings and will be noticed and operate under Florida’s Sunshine Law. RECOMMENDATIONS: Approve names as submitted. RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator Packet Pg. 79  7.7 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 20, 2012 TO: Honorable Chairman and Members of the Board SUBJECT: Public Event Permit - Bluewater Bay Duathlon Request approval of a Public Event Permit for the Bluewater Bay Duathlon to be held February 23, 2013 in Niceville. Packet Pg. 80  7.7.a Packet Pg. 81 Attachment: Pub Event Permit Duathlon (1160 : Public Event Permit - Bluewater Bay Duathlon)  7.7.a Packet Pg. 82 Attachment: Pub Event Permit Duathlon (1160 : Public Event Permit - Bluewater Bay Duathlon)  7.7.b Packet Pg. 83 Attachment: Duathlon Map (1160 : Public Event Permit - Bluewater Bay Duathlon)  7.8 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 20, 2012 TO: Honorable Chairman and Members of the Board SUBJECT: Public Event Permit - FWB Mardi Gras Parade Request approval of a Public Event Permit for a Mardi Gras Parade, to be held January 19, 2013 along Santa Rosa Blvd on Okaloosa Island. Packet Pg. 84  7.8.a Packet Pg. 85 Attachment: Pub Event Permit Mardi Gras Parade (1161 : Public Event Permit - FWB Mardi Gras Parade)  7.8.a Packet Pg. 86 Attachment: Pub Event Permit Mardi Gras Parade (1161 : Public Event Permit - FWB Mardi Gras Parade)  7.8.a Packet Pg. 87 Attachment: Pub Event Permit Mardi Gras Parade (1161 : Public Event Permit - FWB Mardi Gras Parade)  7.9 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 20, 2012 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Extension of Meridian Contract C11-1864-GM DEPARTMENT: Growth Management BCC DISTRICT: All STATEMENT OF ISSUE: In order to close out CDBG grant 11DB-L4-01-56-01-N36 (Sylvania Heights Road Repaving) it is necessary to extend Contract C11-1864-GM. BACKGROUND: Okaloosa County entered into Contract C11-1864-GM with Meridian Community Services to provide administrative services for the Community Development Block Grant (CDBG) through which certain roads in Sylvania Heights have been repaved following a water line project. Because the intention was that the contract would run concurrent with the grant, it was not noticed until grant closeout preparations that the contract had expired on June 30, 2012. The work is complete, and the extension will not result in any charges to Okaloosa County. No County funds have been used in this repaving project which has been 100% funded with CDBG dollars. RECOMMENDATIONS: County staff recommends that Contract C11-1864-GM be extended until December 3, 2012. RECOMMENDED BY: Packet Pg. 88  7.9 APPROVED BY: James D. Curry, County Administrator Packet Pg. 89  7.9.a Packet Pg. 90 Attachment: Meridian Contract Extension (1179 : Extension of Meridian Contract C11-1864-GM)  7.10 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 20, 2012 TO: Honorable Chairman and Members of the Board FROM: Sheriff Larry Ashley SUBJECT: Equitable Sharing Agreement The Okaloosa County Sheriff's Office requests approval of and authorization for the Chairman to sign the Equitable Sharing Agreement for the Sheriff's Office. Packet Pg. 91  7.10.a Packet Pg. 92 Attachment: Equitable sharing - sheriff (1183 : Equitable Sharing Agreement)  7.10.a Packet Pg. 93 Attachment: Equitable sharing - sheriff (1183 : Equitable Sharing Agreement)  7.10.a Packet Pg. 94 Attachment: Equitable sharing - sheriff (1183 : Equitable Sharing Agreement)  7.10.a Packet Pg. 95 Attachment: Equitable sharing - sheriff (1183 : Equitable Sharing Agreement)  7.10.a Packet Pg. 96 Attachment: Equitable sharing - sheriff (1183 : Equitable Sharing Agreement)  7.10.a Packet Pg. 97 Attachment: Equitable sharing - sheriff (1183 : Equitable Sharing Agreement)  7.10.b U.S. Department of Justice xshington, D.C. 20530 t-~~1~7 ~C ~ xjQ~ Mr. Doug Gaylord Chief Financial Officer Okaloosa County Sheriff's Office Attachment: Equitable sharing - attorney opinion (1183 : Equitable Sharing Agreement) 1250 North Eglin Parkway Shalimar, FL 32579 Dear Mr. Gaylord: This letter is in response to your email dated August 27, 2012, to the Asset Forfeiture and Money Laundering Section(AFMLS)by the Olcaloosa County Sheriff's Office(OCSO)to make approximately $60,000 in improvements to its facility in Crestview, Florida with equitably shared funds. The building is owned by the state of Florida, and is currently in year 30 of a 100 year lease to OCSO for law enforcement use. The email also states that OCSO would like to purchase a boat for river rescue operations. The approximate cost ofthe boat is $6,800. The policies governing the use of equitably shared funds are outlined in the Guide to Equitable Sharingfor State and Local Law EnfoNCement Agencies(Apri12009)(Guide). In addition to the limitations and conditions outlined within the Guide, all goods and services acquired with federal sharing funds must be in accordance with OCSO's procurement requirements, with any title held accordingly. All federal sharing funds must be used prudently, which means in an ordinary, necessary, and reasonable manner consistent with the principle that public costs should be controlled or reduced wherever possible. The Guide, Section VIII.A.I.c, permits agencies to use equitably shared funds to expand or improve law enforcement facilities used or managed by OCSO. Because there are 70 years remaining on the current lease, the use of approximately $60,000 to improve the Crestview, FL law enforcement facility is a permissible use of equitably shared funds within a reasonable range of the estimated cost. Additionally, Section VIII.A.l.d permits agencies to purchase equipment used by law enforcement personnel for law enforcement purposes. Accordingly, the purchase of a boat is also a permissible use of equitably shared funds. If you have any questions, please email AFMLS Training Technician Anne Insley at afmis.aca@usdoj.gov. Sincerely, ...~-- <_. Ge e Patton, Assistant Deputy Chief set Forfeiture and Money Laundering Section Packet Pg. 98  7.11 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 20, 2012 TO: Honorable Chairman and Members of the Board FROM: Richard Brannon SUBJECT: Economic Development Council Contract Amendment DEPARTMENT: Purchasing BCC DISTRICT: All STATEMENT OF ISSUE: The Economic Development Council (EDC) has requested (see attached letter) that they be allowed to change their invoicing to the County from a quarterly basis to a monthly basis. This is a bookkeeping request, no annual funding would change. OPTIONS: Approve or Reject RECOMMENDATIONS: Staff recommends approval. RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator Packet Pg. 99  7.11.a Packet Pg. 100 Attachment: EDC Marketing Agreement Letter Request (1178 : Economic Development Council Contract Amendment)  7.11.b Packet Pg. 101 Attachment: Contract #C11-1856-CAO (1178 : Economic Development Council Contract Amendment)  7.12 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 20, 2012 TO: Honorable Chairman and Members of the Board FROM: Don Turner SUBJECT: Fort Walton Beach High School Request for Assistance DEPARTMENT: Facility Maintenance BCC DISTRICT: 2&4 STATEMENT OF ISSUE: Request Board approval to provide requested assistance to Ft. Walton Beach High School to straighten a light pole at the girls softball field. BACKGROUND: One of the light poles at the girls softball field at Ft. Walton Beach High School is leaning is such a fashion that makes it very difficult or impossible to focus the lighting correctly for games. Officials at FWB High School have requested that the county provide equipment and a driver/operator to supplement their staff in straightening the pole. If the Board approves the request for assistance, Facilities Maintenance will mobilize the pole truck to the high school with a qualified driver/operator for approximately 1/2 work day to assist with straightening the pole. The total value of the assistance is less than $750. RECOMMENDATIONS: Request Board approval to provide the requested assistance to Ft. Walton Beach High School to straighten a light pole at the girls softball field. RECOMMENDED BY: Packet Pg. 102  7.12 APPROVED BY: James D. Curry, County Administrator Packet Pg. 103  7.13 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 20, 2012 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Classification of the New SR 293 Alignment and White Point Road DEPARTMENT: Public Works BCC DISTRICT: 5 STATEMENT OF ISSUE: With the opening of Phase 1 of the Mid-Bay Bridge Connector Road FDOT has proposed to classify the new alignment of SR 293 as an “Urban Minor Arterial” and to reclassify White Point Road (now a County Road) as an “Urban Collector”. FDOT is requesting that the Board of County Commissioners accept these classification proposals. BACKGROUND: With the opening of the new alignment of SR 293 FDOT is proposing to classify this section of roadway as an “Urban Minor Arterial”. This classification is appropriate as the limited access roadway is an arterial connection between other arterial roadaways. As part of the infrastructure agreement with the Mid-Bay Bridge Authority, FDOT and Okaloosa County, White Point Road was recently returned to Okaloosa County for ownership and maintenance. As such FDOT is proposing to reclassify White Point Road to an “Urban Collector”. This reclassification is appropriate as this segment of roadway collects traffic from adjacent local, subdivision streets and provides direct access to an arterial roadway (SR 20). Once approved by the Board of County Commissioners, the executed forms are to be returned to FDOT who will then forward the proposal to the chairman of the Okaloosa-Walton TPO for their approval. OPTIONS: Approve/disapprove the request from FDOT to classify SR 293 as an “Urban Minor Arterial” and White Point Road as an “Urban Collector”. RECOMMENDATIONS: Approve the request from FDOT to classify SR 293 as an “Urban Minor Arterial” and White Point Road as an “Urban Collector”. Packet Pg. 104  7.13 RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator Packet Pg. 105  7.13.a Packet Pg. 106 Attachment: FDOT reclass request letter (1167 : Classification of the New SR 293 Alignment and White  7.13.a Packet Pg. 107 Attachment: FDOT reclass request letter (1167 : Classification of the New SR 293 Alignment and White  7.13.a Packet Pg. 108 Attachment: FDOT reclass request letter (1167 : Classification of the New SR 293 Alignment and White  7.13.a Packet Pg. 109 Attachment: FDOT reclass request letter (1167 : Classification of the New SR 293 Alignment and White  7.13.a Packet Pg. 110 Attachment: FDOT reclass request letter (1167 : Classification of the New SR 293 Alignment and White  8.1.1 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 20, 2012 TO: Honorable Chairman and Members of the Board FROM: Daniel O'Byrne SUBJECT: Waiver of the Term Limit for Tourist Development Chairman DEPARTMENT: Tourist Development BCC DISTRICT: All STATEMENT OF ISSUE: The TDC Operations & Procedures Manual (Section A.500 2) approved by the Board at its September 18 meeting states that “Terms for the Chairman and Vice Chairman are limited to one (fiscal) year. The Board shall have the option of designating the Chairman or allowing the Council to elect a Chairman. They may be re-appointed by a majority vote of the Council members but cannot serve more than two (fiscal) year terms.” The Tourism Development Council, at its August 22 meeting, unanimously elected Kathy Houchins to serve as its Chairman subject to the Board’s approval and a one time only waiver of the two (2) one- year term limit, because of the special circumstances regarding transition at the TDC. BACKGROUND: The TDC Operations & Procedures Manual indicates that “The Chairman and Vice-Chairman terms shall begin on the first day of October of the fiscal year of appointment and terminate on the 30th of September.” Accordingly, the Council held deliberations on this subject at its August 22 meeting and unanimously approved a motion (Timothy Edwards/ Lino Maldonado 2nd) “to recommend to the Board of County Commissioners to exempt the limitations of two terms for the Chair of the TDC Council to allow for a third term due to the current mitigating circumstances of transition, with the recommendation of the TDC Council.” This exemption is a one time only request. The Council then unanimously approved an additional motion (Timothy Edwards/ Patricia Hardiman 2nd) “to nominate Kathy Houchins to continue as Chair of the TDC Council and to move that nomination forward to the board of County Commissioners.” The minutes of the August 22 meeting containing these motions were then approved by the Council at its meeting on September 26, 2012. OPTIONS: Approve/Disapprove RECOMMENDATIONS: Approve both unanimous motions of the TDC allowing Kathy Packet Pg. 111  8.1.1 Houchins, in this instance only, to serve a third one-year term as Chairman due to the current mitigating circumstances of transition. RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator Packet Pg. 112  8.2.1 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 20, 2012 TO: Honorable Chairman and Members of the Board FROM: Don Turner SUBJECT: Elder Services Leased Space Project Completion Funding Request DEPARTMENT: Facility Maintenance BCC DISTRICT: ALL STATEMENT OF ISSUE: The Board is requested to approve General Fund Capital Outlay - Judicial Reserve funding in the amount of $13,800 to complete the remodeling of the space in the old Fort Walton Beach (FWB) hospital leased to Elder Services. BACKGROUND: In March of 2012, the county entered into a lease with Elder Services for approximately 6,800 s.f. in the old FWB hospital. Funding was available in FY 2012 to complete the project. Before the remodeling work could begin, an asbestos survey of the area had to be done and the asbestos containing materials (ACM) had to be abated from the leased space by a qualified contractor. It took longer than expected to complete each of the pre-construction activities which pushed the actual remodeling work close to the end of the fiscal year. By the time it became apparent that the work would not be completed in FY '12, the opportunity to request funding for the project be included in the FY '13 budget had passed. The original funding provided in the FY 2012 budget reverted back to the General Fund Reserves. If the Board approves the completion of the project, $13,800 will be needed to finish the work. RECOMMENDATIONS: Request approval of Capital Projects funding in the amount of Packet Pg. 113  8.2.1 $13,800 to complete the remodeling of the space leased to Elder Services in the old FWB hospital. RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator Packet Pg. 114  8.2.2 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 20, 2012 TO: Honorable Chairman and Members of the Board FROM: Don Turner SUBJECT: Crestview Historical Preservation Group Request to Place Items in Crestview Courthouse DEPARTMENT: Facility Maintenance BCC DISTRICT: ALL STATEMENT OF ISSUE: Request Board approval to grant the Crestview Historical Preservation Group's Project Committee the authority to determine what historical artifacts to display in the designated areas of the Crestview courthouse as indicated on the attachment. BACKGROUND: Members of the Project Committee of the Crestview Historical Preservation Group (CHPG) presented a proposal to the Board at the 11/6/2012 BCC meeting regarding displaying artifacts of historical significance to Okaloosa County in certain designated areas of the Crestview Courthouse and requested the Board to consider granting them exclusive authority to choose what artifacts to display. The artifacts will primarily be copies of photographs, maps, and documents of historical significance dating from before the formation of Okaloosa County on June 3, 1915 and continuing throughout the early history of the county. The artifacts will be copies of items from a variety of sources; however, will have no market value for insurance purposes. The Crestview Historical Preservation Group has allocated up to $6,000 to fund the initial phase of the project. The CHPG will be entirely responsible for providing all future funding for the maintenance and care of the displayed collection and no liability of any kind will ever accrue to Okaloosa County or the BCC arising from any element of this display. The CHPG will display their artifacts on the corridor walls on the first floor of the Crestview courthouse as indicated on the attached floor plan. The CHPG will work with the county's Facilities Maintenance Division Director to Packet Pg. 115  8.2.2 coordinate and install the display. The manner in which each artifact will be displayed must be approved in advance by the FM Division Director. No current displays of any other groups will be disturbed by this action. RECOMMENDATIONS: Request Board approval to grant the Crestview Historical Preservation Group's Project Committee the authority to determine what historical artifacts to display in the designated areas of the Crestview courthouse as indicated on the attachment. RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator Packet Pg. 116  8.2.2.a Packet Pg. 117 Attachment: Agenda Item Support - Crestview Historical Preservation Board Request (1163 : Crestview Historical Preservation Group Request  8.3.1 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 20, 2012 TO: Honorable Chairman and Members of the Board FROM: Jeff Littrell SUBJECT: Town of Shalimar Interlocal Agreement DEPARTMENT: Water and Sewer BCC DISTRICT: 2 STATEMENT OF ISSUE: OCWS staff requests BCC approval for the Chairman to execute an Interlocal Agreement with the Town of Shalimar to continue OCWS' franchise rights and the collection of taxes. BACKGROUND: On the monthly water and sewer bills, it is typical for OCWS to bill for other items such as garbage (refuse, landfill, and recycling) and taxes for Multiple Services Benefit Units (MSBUs). We have approximately 500 customers within the limits of the Town of Shalimar. For these customers, we also bill the Shalimar City Tax, which is collected by OCWS and remitted to the Town of Shalimar. See the attached example bill. Based on prior Interlocal Agreements (which have expired) and the Town of Shalimar Ordinances, this tax is 10% of the water consumption part of the bill. Five percent is deducted from the tax amount collected from the Shalimar customers, as an administrative fee (same as collected for other 3rd party billing), and the rest is paid to the Town of Shalimar monthly. Quarterly Shalimar newsletters are also attached to the bills, and the extra cost is paid for by the Town of Shalimar. OCWS and the Town of Shalimar have been operating under an Interlocal Agreement, executed in 1996, which expired in 2011. This 1996 Agreement mainly pertains to OCWS' franchise rights within the Town of Shalimar. A new Interlocal Agreement is now being proposed to continue the terms and conditions of our franchise area in Shalimar and clearly memorialize the 5% collection fee. This proposed Interlocal Agreement, along with the approved County Contract Coordination form, is attached for your review and consideration. OPTIONS: Approve or deny. RECOMMENDATIONS: Staff recommends BCC approval for the Chairman to execute the Interlocal Agreement with the Town of Shalimar to continue OCWS' franchise rights and the collection of taxes. Packet Pg. 118  8.3.1 RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator Packet Pg. 119  8.3.1.a Interlocal Agreement OCWS Franchise with Town of Shalimar INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT is made and entered into as of this day of 2012by and between Okaloosa County, Florida, a political subdivision of the state of Florida (the "County") and the Town of Shalimar, a municipality organized under the laws of the State of Florida (the "Town"). In consideration of the mutual agreements contained herein, the parties undertake, for themselves, their successors, and assigns as follows: Attachment: Interlocal Agreement (1118 : Town of Shalimar Interlocal Agreement) Section I. Okaloosa County (“County”), its successors and assigns, is hereby granted the exclusive right, authority, easement, and franchise to construct, erect, install, extend, renew, repair, maintain, operate and conduct in the Town of Shalimar a system for the distribution of water and the handling and collection of sewage. Section II. The County is hereby further given, granted and vested, with the exclusive right, authority, easement, privilege and franchise to construct, erect, install, extend, renew, repair, maintain, operate and conduct in said Town of Shalimar, a systemof water distribution and sewage collection mains together with all fittings, appliances, stations and appurtenances necessary or desirable to furnish the Town of Shalimar and its inhabitants and corporations within and without said Town a competent water and sewer service.The further right is granted to use in, over, under, along, upon and across all streets, avenues, alleys, ways, bridges and public places in said Town, as they now exist or as they may hereinafter be laid out or extended within the present and future limits of said Town, for such purposes with the Town being given prior notice of the work to be done. The County shall have the duty and obligation to provide a water and sewer system throughout the Town of Shalimar exactly as it provides that system in the unincorporated Okaloosa County areas. Section III. All work by the County shall be constructed as not to unreasonably interfere with the proper use of the streets, avenues, alleys, ways, bridges, and public places in the Town all of which shall be maintained in good condition and repair. Anywork done by the County willbe subject to regulation by the Town of Shalimar regarding the times and circumstances under which roads are to be disturbed or blocked and will be coordinated with the Town of Shalimar. Section IV. Whenever the County shall cause any opening or alteration to be made in any of the streets, avenues, alleys, ways, bridges or public places of the Town for the purpose set Page 1 Packet Pg. 120  8.3.1.a Interlocal Agreement OCWS Franchise with Town of Shalimar out herein, the work shall be completed within a reasonable time restoring facilities to their proper condition andrepair. The County will abide by existing and future Town ordinances regarding the repair and reconstruction of streets and the use of easements within the Town. The easements otherwise granted to the County by this franchise shall be non-exclusive easements that may also be exercised and used by others. The County shall be obligated to coordinate with all other franchisees and owners of easements throughoutthe Town of Shalimar to minimize disruption of all utility systems that service the Town. Attachment: Interlocal Agreement (1118 : Town of Shalimar Interlocal Agreement) Section V. Subject to the provisions and limitations of Section 768.28, Florida Statutes, the County shall hold the Town harmless from any and all liability or damages resulting from the negligence of theCounty in constructing, maintaining, or operating the aforesaid systems. Section VI. The County may, from time to time, declare, make, and enforce such reasonable rules and regulations and fix and collect such rates, fees, and other charges for the services and facilities of the aforesaid system as shall be consistent with and required by those certain bond resolutions by the Board of County Commissioners of Okaloosa County and shall be uniform with such rules and charges applicable to all other users of said systems of the same class. Upon installation of new mains, meters, and fire hydrants, water rates shall be consistent with the bond resolutions set out above. Section VII. In the event sewer services or water services are interrupted or fail by reason of accident, or any cause beyond the control of the County, t h e County shall restore service within a reasonable time, and such interruption shall not constitute a breach of this franchise, nor shall the County or the Town be liable for any loss or damages by reason of such interruption or failure. Section VIII. The exclusive franchise granted by this Agreement shall exist and continue for a period of fifteen (15) years., and, as a condition subsequent to the taking effect of this franchise, said Town is hereby reserving the right to purchase the aforesaid systems at a valuation to be fixed in accordance with Chapter 167 of the Florida statutes. This franchise is subject to all terms and conditions of the Charter of the Town of Shalimar. This provision shall apply to any subsequently annexed territory. Section IX. Fire hydrants shall be installed as required by the Fire Control District or other firefighting organization servicing the Town. Page 2 Packet Pg. 121  8.3.1.a Interlocal Agreement OCWS Franchise with Town of Shalimar Section X. The County will grant to the Town of Shalimar, for property actually owned by the Town of Shalimar, such tap-ons or connections to the water and sewer systems as may be necessary for Town usage, and backflow preventer inspections, without charge. Section XI. Whenever in this agreement either the Town of Shalimar or Okaloosa County is named or referred, it shall include successors or assigns of either with all rights, privileges, and obligations binding and inuring to benefit of such successors or assigns of each. Attachment: Interlocal Agreement (1118 : Town of Shalimar Interlocal Agreement) Section XII. Town of Shalimar utility taxes on water and sewer service will be collected and disbursed to the Town by the County after a reasonable collection fee not to exceed 5% of collected taxes, according to governing Town of Shalimar Ordinances. Section XIII. This Agreement shall take effect when approved by the Commission as required by law, and accepted in writing by the County which acceptance must be filed within (90) days from date with the Town Clerk. ADOPTED AND PASSED this day of 2012. Gary Combs, Mayor Attest: Thomas A. Burns, Town Manager Attest: Board of County Commissioners of Okaloosa County WITNESSED: STATE OF FLORIDA, COUNTY OF OKALOOSA Page 3 Packet Pg. 122  8.3.1.b Packet Pg. 123 Attachment: Completed Contract Coordination form (1118 : Town of Shalimar Interlocal Agreement)  8.3.1.c Packet Pg. 124 Attachment: Example Shalimar Bill (1118 : Town of Shalimar Interlocal Agreement)  8.3.2 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 20, 2012 TO: Honorable Chairman and Members of the Board FROM: Jeff Littrell SUBJECT: SKYTECH, LLC. Lease of 1310D Oddfellow Rd. DEPARTMENT: Water and Sewer BCC DISTRICT: All STATEMENT OF ISSUE: Staff requests BCC approval to enter into a lease agreement with Natalie and Jeff Hendricks II of Skyetech, LLC for the property located at 1310D Oddfellow Rd. In Fort Walton Beach, FL. This unit is located in a building owned by Okaloosa County Water & Sewer. Skyetech, LLC is currently leasing 1310E Oddfellow Rd. BACKGROUND: Okaloosa County Water & Sewer purchased the buildings on the east side of Oddfellow Road (directly west of the north parking lot for the W&S administration building) in 2006. The purchase price was $440,000.00, on a five year note at 5% interest. The final of five annual payments in the amount of $76,867.73 was paid on October 6, 2011. Mr. Jeff Hendricks II of Skyetech, LLC has submitted a letter of intent to lease one of the vacant spaces (1310D). A copy of his lease is attached. This lease would be for the standard one year term with the ability for the lessee to extend for two additional one year terms if they desire. The annual rent for this lease will be $4,800.00. Skyetech, LLC is currently leasing 1310E. OPTIONS: Approve or deny the Lease Agreement for Natalie & Jeff Hendricks II of Skyetech, LLC. RECOMMENDATIONS: Staff recommends approval by the BCC to authorize the Chairman to execute the Lease Agreement with Natalie & Jeff Hendricks II of Skyetech, LLC. For the unit 1310D Oddfellow Road, Fort Walton Beach, FL. RECOMMENDED BY: Packet Pg. 125  8.3.2 APPROVED BY: James D. Curry, County Administrator Packet Pg. 126  8.3.2.a Packet Pg. 127 Attachment: Lease Agreement (1154 : SKYTECH, LLC. Lease of 1310D Oddfellow Rd.)  8.3.2.a Packet Pg. 128 Attachment: Lease Agreement (1154 : SKYTECH, LLC. Lease of 1310D Oddfellow Rd.)  8.3.2.a Packet Pg. 129 Attachment: Lease Agreement (1154 : SKYTECH, LLC. Lease of 1310D Oddfellow Rd.)  8.3.2.a Packet Pg. 130 Attachment: Lease Agreement (1154 : SKYTECH, LLC. Lease of 1310D Oddfellow Rd.)  8.3.2.a Packet Pg. 131 Attachment: Lease Agreement (1154 : SKYTECH, LLC. Lease of 1310D Oddfellow Rd.)  8.3.2.a Packet Pg. 132 Attachment: Lease Agreement (1154 : SKYTECH, LLC. Lease of 1310D Oddfellow Rd.)  8.3.2.a Packet Pg. 133 Attachment: Lease Agreement (1154 : SKYTECH, LLC. Lease of 1310D Oddfellow Rd.)  8.3.2.a Packet Pg. 134 Attachment: Lease Agreement (1154 : SKYTECH, LLC. Lease of 1310D Oddfellow Rd.)  8.3.2.b Packet Pg. 135 Attachment: Internal Coordination Sheet (1154 : SKYTECH, LLC. Lease of 1310D Oddfellow Rd.)  8.3.2.c Packet Pg. 136 Attachment: Letter of Intent (1154 : SKYTECH, LLC. Lease of 1310D Oddfellow Rd.)  8.3.2.d Packet Pg. 137 Attachment: Insurance Policy (1154 : SKYTECH, LLC. Lease of 1310D Oddfellow Rd.)  8.3.2.d Packet Pg. 138 Attachment: Insurance Policy (1154 : SKYTECH, LLC. Lease of 1310D Oddfellow Rd.)  8.3.2.d Packet Pg. 139 Attachment: Insurance Policy (1154 : SKYTECH, LLC. Lease of 1310D Oddfellow Rd.)  8.3.2.d Packet Pg. 140 Attachment: Insurance Policy (1154 : SKYTECH, LLC. Lease of 1310D Oddfellow Rd.)  8.3.2.e Packet Pg. 141 Attachment: Resolution No. 12-860001 (1154 : SKYTECH, LLC. Lease of 1310D Oddfellow Rd.)  8.3.2.f Packet Pg. 142 Attachment: 2nd Resolution for Skyetech LLC0001 (1154 : SKYTECH, LLC. Lease of 1310D Oddfellow Rd.)  8.3.3 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 20, 2012 TO: Honorable Chairman and Members of the Board FROM: Jeff Littrell SUBJECT: Niceville Reclaimed Water System - Amendment to Interlocal Agreement DEPARTMENT: Water and Sewer BCC DISTRICT: 1, 3, and 5 STATEMENT OF ISSUE: OCWS requests BCC approval to have the Chairman execute an Amendment to the Interlocal Agreement and Sale Agreement (along with associated attachments) with the City of Niceville for the transfer of reclaimed water facilities. BACKGROUND: The City of Niceville and Okaloosa County currently own a reclaimed water system in Niceville, where ownership and maintenance is shared 50/50. It has not always been that way. When the reclaimed water system was first constructed, the County was the sole owner. At that point in time in 1994, OCWS owned 36.37% of the NVOC Regional Sewer Board/Plant, but only 20% of the disposal capacity. Because of the lacking disposal capacity, FDEP informed Okaloosa County that they would impose a moratorium on building permits in Bluewater Bay if the County did not acquire additional effluent disposal capacity. That was the reason the reclaimed water system was originally implemented. To expand the disposal capacity, OCWS entered into an agreement with Rocky Bayou Country Club (RBCC) in 1994 to supply reclaimed water to the golf course. Because the County had a need in 1994, OCWS pays RBCC monthly to take reclaim water (per the agreement). The agreement with RBCC was re- negotiated in 2000, but still remains in affect until May 2014, and OCWS is still paying RBCC monthly to take reclaimed water. Other areas in Niceville began to develop that desired reclaimed water. In the early 2000s, agreements were executed and construction projects occurred that made the following possible: 1) reclaimed water supply to Swift Creek Subdivision, 2) reclaimed water supply to Rocky Bayou Christian School, 3) reclaimed water supply to an Eglin AFB golf course, and 4) OCWS and the City of Niceville became 50/50 partners. Since then, the system infrastructure and demand has grown as other developments have connected, such as Swift Creek Plantation and the Wal Mart Commercial Area. These developments are located in the City of Niceville water and sewer service area, and not all were authorized by Okaloosa County to provide reclaimed Packet Pg. 143  8.3.3 water service. As a result of the system growth and demand, the system experiences capacity problems on summer days. In May 2012, an interlocal agreement was executed by the parties of the NVOC Regional Sewer Board (the facility that produces reclaim water). By this agreement, Okaloosa County is no longer an owner in the NVOC Regional Sewer Board, and all OCWS flows will be diverted from the NVOC plant to the Arbennie Pritchett Water Reclamation Facility. When the diversion project is completed, an average of close to 800,000 gallons per day (GPD) of wastewater will no longer be available to produce reclaimed water. As the system already has capacity issues listed above, removing approximately 800,000 GPD has grave implications for the future sustainability of the system. Furthermore, after this interlocal agreement was executed, with strong recommendations from Eglin Environmental, the decision was made to keep the NVOC sprayfield instead of constructing RIBs. This means that at least 1 MGD will go to the sprayfield to keep the grass alive. Under the RIBs scenario, most of the flow would have been available to send to the reclaimed water system. This will further exacerbate the shortfall between capacity and demand. Now that OCWS is no longer an owner in the NVOC Regional Sewer Board, we do not have the need for the reclaim water system, that we had in 1994 when it was established. The attached agreement with the City of Niceville transfers our 50% ownership of the reclaimed water system to the City. If the County does not transfer its ownership share of the reclaimed system, the diversion of OCWS flow will result in a situation where the County owns half of the system assets but will not be contributing any flow to the reclaimed system. All of the flow going into the reclaimed system will be coming from the Cities of Niceville and Valparaiso. The County has received an excellent return on investment of the expenditures, both capital and O&M, required to construct, expand, and maintain the system. Now that Okaloosa County is only a customer of the NVOC Regional Sewer board, the reclaimed water system has no value as an effluent disposal system and only represents a financial liability to the County. Since the reclaim water system does not and cannot produce sufficient revenue to pay for the expenses and given the capacity issues, the monetary value of the system is zero. Furthermore, the local and state market ("going rate") for reclaimed water doesn't allow for revenue to exceed the expenses. There are other challenges to the current arrangement. With both the City and the County splitting ownership 50%, it is very difficult to resolve philosophical differences, such as metering and billing. The proposed Sale Agreement is also best for the public/customers, all of which are City water and sewer customers, not County. To summarize the benefit to the County of this proposed agreement, by the County conveying our 50% ownership of the system to the City, it will save OCWS an estimated $650,000 total over the next 10 years (approximately $65,000/year). Annual expenses that will no longer be needed include the following: repair & maintenance, groundwater sampling, power costs (for high horsepower pumps), line locates, CIP projects, and payments to RBCC. The reclaimed Packet Pg. 144  8.3.3 water agreement with RBCC expires in May 2014. Future agreements with the golf course may be problematic, due to the unusual financial stipulations in the existing agreement and the shortfall between capacity and demand when the OCWS flow is diverted. The proposed agreement was unanimously approved by the Niceville City Council on November 13, 2012. OPTIONS: Approve or deny. RECOMMENDATIONS: OCWS recommends the BCC authorize the Chairman to execute the attached Amendment to the Interlocal Agreement and Sale Agreement (along with associated attachments) with the City of Niceville for the transfer of reclaimed water facilities. RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator Packet Pg. 145  8.3.3.a Packet Pg. 146 Attachment: Amendment to Interlocal Agreement (with all attachments) (1166 : Niceville Reclaimed Water  8.3.3.a Packet Pg. 147 Attachment: Amendment to Interlocal Agreement (with all attachments) (1166 : Niceville Reclaimed Water  8.3.3.a Packet Pg. 148 Attachment: Amendment to Interlocal Agreement (with all attachments) (1166 : Niceville Reclaimed Water  8.3.3.a Packet Pg. 149 Attachment: Amendment to Interlocal Agreement (with all attachments) (1166 : Niceville Reclaimed Water  8.3.3.a Packet Pg. 150 Attachment: Amendment to Interlocal Agreement (with all attachments) (1166 : Niceville Reclaimed Water  8.3.3.a Packet Pg. 151 Attachment: Amendment to Interlocal Agreement (with all attachments) (1166 : Niceville Reclaimed Water  8.3.3.a Packet Pg. 152 Attachment: Amendment to Interlocal Agreement (with all attachments) (1166 : Niceville Reclaimed Water  8.3.3.a Packet Pg. 153 Attachment: Amendment to Interlocal Agreement (with all attachments) (1166 : Niceville Reclaimed Water  8.3.3.a Packet Pg. 154 Attachment: Amendment to Interlocal Agreement (with all attachments) (1166 : Niceville Reclaimed Water  8.3.3.a Packet Pg. 155 Attachment: Amendment to Interlocal Agreement (with all attachments) (1166 : Niceville Reclaimed Water  8.3.3.a Packet Pg. 156 Attachment: Amendment to Interlocal Agreement (with all attachments) (1166 : Niceville Reclaimed Water  8.3.3.a Packet Pg. 157 Attachment: Amendment to Interlocal Agreement (with all attachments) (1166 : Niceville Reclaimed Water  8.3.3.a Packet Pg. 158 Attachment: Amendment to Interlocal Agreement (with all attachments) (1166 : Niceville Reclaimed Water  8.3.3.a Packet Pg. 159 Attachment: Amendment to Interlocal Agreement (with all attachments) (1166 : Niceville Reclaimed Water  8.3.3.a Packet Pg. 160 Attachment: Amendment to Interlocal Agreement (with all attachments) (1166 : Niceville Reclaimed Water  8.3.3.a Packet Pg. 161 Attachment: Amendment to Interlocal Agreement (with all attachments) (1166 : Niceville Reclaimed Water  8.3.3.a Packet Pg. 162 Attachment: Amendment to Interlocal Agreement (with all attachments) (1166 : Niceville Reclaimed Water  8.3.3.a Packet Pg. 163 Attachment: Amendment to Interlocal Agreement (with all attachments) (1166 : Niceville Reclaimed Water  8.3.3.a Packet Pg. 164 Attachment: Amendment to Interlocal Agreement (with all attachments) (1166 : Niceville Reclaimed Water  8.3.3.a Packet Pg. 165 Attachment: Amendment to Interlocal Agreement (with all attachments) (1166 : Niceville Reclaimed Water  8.3.3.a Packet Pg. 166 Attachment: Amendment to Interlocal Agreement (with all attachments) (1166 : Niceville Reclaimed Water  8.3.3.a Packet Pg. 167 Attachment: Amendment to Interlocal Agreement (with all attachments) (1166 : Niceville Reclaimed Water  8.3.3.a Packet Pg. 168 Attachment: Amendment to Interlocal Agreement (with all attachments) (1166 : Niceville Reclaimed Water  8.3.3.a Packet Pg. 169 Attachment: Amendment to Interlocal Agreement (with all attachments) (1166 : Niceville Reclaimed Water  8.3.3.a Packet Pg. 170 Attachment: Amendment to Interlocal Agreement (with all attachments) (1166 : Niceville Reclaimed Water  8.3.3.a Packet Pg. 171 Attachment: Amendment to Interlocal Agreement (with all attachments) (1166 : Niceville Reclaimed Water  8.3.3.a Packet Pg. 172 Attachment: Amendment to Interlocal Agreement (with all attachments) (1166 : Niceville Reclaimed Water  8.3.3.b Packet Pg. 173 Attachment: Completed Coordination_Niceville Reclaim Nov 20 2012 (1166 : Niceville Reclaimed Water System - Amendment to Interlocal  8.4.1 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 20, 2012 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Request for Stepping Stones at Surf Dweller Condo DEPARTMENT: Public Works BCC DISTRICT: 2 STATEMENT OF ISSUE: Jan Heisterman, owner of a unit within the Surf Dweller Condo, is requesting approval to reinstall 12” diameter stepping stones on County property on the south side of the Surf Dweller complex. The stepping stones were originally installed in 1983. BACKGROUND and ANALYSIS: The construction of the Surf Dweller complex was completed in 1983. Stepping stones were placed on County property south of the Surf Dweller’s property line by the contractor. The stepping stones provide unobstructed travel for the ground units to the beach walkover that goes to the beach. The stones were removed prior to Hurricane Opal in 1995 then replaced after the storm. The stones remained until removed for Hurricane Ivan in September 2004. The stones were replaced in April 2012. After replacement the Florida Department of Environmental Protection (FDEP) received a complaint and FDEP required the stones be removed. County staff discussed this matter with both Mrs. Heisterman and FDEP. FDEP recognizes that the area where the stepping stones are to be placed is on County property. FDEP requires approval by Okaloosa County and a written request submitted by the Surf Dweller Condo Association. Public Works provided a letter of approval to FDEP October 8, 2012 The request would then be reviewed by FDEP’s Office of General Counsel for approval. All information has been relayed to Mrs. Heisterman. To date FDEP has not received a request for the installation of the stepping stones from the Condo Association’s Board of Directors. RECOMMENDATION: Request Board direction should the FDEP approve the replacement of the stepping stones. Packet Pg. 174  8.4.1 RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator Packet Pg. 175  8.4.1.a Packet Pg. 176 Attachment: Sign letr to DEP about stepng stns 100812 (1157 : Request for Stepping Stones at Surf  8.4.1.b Packet Pg. 177 Attachment: Surf Dweller Stepping Stone Letter (1157 : Request for Stepping Stones at Surf Dweller Condo)  8.4.1.c Packet Pg. 178 Attachment: Picture of proposed outside showers during development of SD (1157 : Request for Stepping Stones at Surf Dweller Condo)  8.4.1.d Packet Pg. 179 Attachment: Stepping stones 001 (1157 : Request for Stepping Stones at Surf Dweller Condo)  8.4.1.e Packet Pg. 180 Attachment: Stepping stones 002 (1157 : Request for Stepping Stones at Surf Dweller Condo)  8.4.1.f Packet Pg. 181 Attachment: Rebecca Sherry slides - stepping stones (1157 : Request for Stepping Stones at Surf Dweller Condo)  8.4.1.f Packet Pg. 182 Attachment: Rebecca Sherry slides - stepping stones (1157 : Request for Stepping Stones at Surf Dweller Condo)  8.4.1.f Packet Pg. 183 Attachment: Rebecca Sherry slides - stepping stones (1157 : Request for Stepping Stones at Surf Dweller Condo)  8.4.1.f Packet Pg. 184 Attachment: Rebecca Sherry slides - stepping stones (1157 : Request for Stepping Stones at Surf Dweller Condo)  8.4.1.f Packet Pg. 185 Attachment: Rebecca Sherry slides - stepping stones (1157 : Request for Stepping Stones at Surf Dweller Condo)  8.4.1.f Packet Pg. 186 Attachment: Rebecca Sherry slides - stepping stones (1157 : Request for Stepping Stones at Surf Dweller Condo)  8.4.1.f Packet Pg. 187 Attachment: Rebecca Sherry slides - stepping stones (1157 : Request for Stepping Stones at Surf Dweller Condo)  8.4.1.f Packet Pg. 188 Attachment: Rebecca Sherry slides - stepping stones (1157 : Request for Stepping Stones at Surf Dweller Condo)  8.4.1.f Packet Pg. 189 Attachment: Rebecca Sherry slides - stepping stones (1157 : Request for Stepping Stones at Surf Dweller Condo)  8.4.1.f Packet Pg. 190 Attachment: Rebecca Sherry slides - stepping stones (1157 : Request for Stepping Stones at Surf Dweller Condo)  8.4.1.g Packet Pg. 191 Attachment: D Sherry Slides - DenyStepStones (1157 : Request for Stepping Stones at Surf Dweller Condo)  8.4.1.g Packet Pg. 192 Attachment: D Sherry Slides - DenyStepStones (1157 : Request for Stepping Stones at Surf Dweller Condo)  8.4.1.g Packet Pg. 193 Attachment: D Sherry Slides - DenyStepStones (1157 : Request for Stepping Stones at Surf Dweller Condo)  8.4.1.g Packet Pg. 194 Attachment: D Sherry Slides - DenyStepStones (1157 : Request for Stepping Stones at Surf Dweller Condo)  8.4.2 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 20, 2012 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Approval of Parks Advisory Committee Member for District 1 DEPARTMENT: Public Works BCC DISTRICT: All STATEMENT OF ISSUE: Consideration of a proposed candidate for the Parks Advisory Committee. BACKGROUND: The Okaloosa County Board of County Commissioners adopted Ordinance No. 04-05 regulating County Recreation Areas in February 2004. The establishment of a Parks Advisory Committee was included within this ordinance, for the purpose of advising the BOCC and Parks Department to improve various aspects of the county recreational system. The members of the Parks Advisory Committee have been heavily involved in making parks and recreation related recommendations to the Board of County Commissioners, doing research and tapping their various contacts with the public to form these recommendations. Jody Smallwood from the incorporated area of District 1 has applied for appointment to the Parks Advisory Committee. OPTIONS: Approve / Disapprove. RECOMMENDATIONS: Approve the appointment of Jody Smallwood to the Parks Advisory Committee to serve a three year term as District 1 representative. RECOMMENDED BY: Packet Pg. 195  8.4.2 APPROVED BY: James D. Curry, County Administrator Packet Pg. 196 Packet Pg. 197 8.4.2.a Attachment: Jody Smallwood Distr 1 app (1158 : Approval of Parks Advisory Committee Member for  8.4.3 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 20, 2012 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Old Antioch Road Reconstruction - Change Order 1 DEPARTMENT: Public Works BCC DISTRICT: 3 STATEMENT OF ISSUE: Through the course of construction, unfavorable subsurface materials were discovered once the existing pavement structure was removed along Old Antioch Road. In order to prevent a delay to the Contractor a Change Order was issued for necessary work, but retroactive approval is required by the Board of County Commissioners. BACKGROUND: Gum Creek Farms, Inc. (GCF) was awarded the construction contract for the improvements of Old Antioch Road from Brodie Lane to Wilks Drive. Improvements included a complete removal and reconstruction of the roadway structure. Once the existing road surface and base were removed it was discovered that the remaining material would not be acceptable as sub-base due to a high organic content and the presence of several tree stumps. The solution to the problem is to remove the unacceptable materials and replace the area with clean sand. The existing contract with GCF includes a line item for excavating the poor material and placing the new material, however the scope of the change order is significantly greater than the amount originally contemplated in the contract, therefore Board of County Commissioner approval is required. In an effort to avoid causing a delay to GCF, staff authorized work associated with the change order prior to Board of County Commissioner approval. Per purchasing policy, Change Order 1 (in the amount of $60,450.00) requires “after the fact approval” to modify the existing contract. This additional work also requires 10 days be added to the contract time. OPTIONS: Approve/disapprove Change Order No.1 for the Old Antioch Road Improvement Project in the amount of $60,450.00 and award 10 additional contract days. RECOMMENDATIONS: Approve Change Order No.1 for the Old Antioch Road Improvement Project in the amount of $60,450.00 and award 10 additional contract days. Packet Pg. 198  8.4.3 RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator Packet Pg. 199  8.4.3.a Packet Pg. 200 Attachment: Old Antioch Change Order No. 1 (1164 : Old Antioch Road Reconstruction - Change Order 1)  8.4.3.a Packet Pg. 201 Attachment: Old Antioch Change Order No. 1 (1164 : Old Antioch Road Reconstruction - Change Order 1)  8.4.3.a Packet Pg. 202 Attachment: Old Antioch Change Order No. 1 (1164 : Old Antioch Road Reconstruction - Change Order 1)  8.4.3.a Packet Pg. 203 Attachment: Old Antioch Change Order No. 1 (1164 : Old Antioch Road Reconstruction - Change Order 1)  8.4.4 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 20, 2012 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Beach Concession Services Contract Award DEPARTMENT: Public Works BCC DISTRICT: All STATEMENT OF ISSUE: Awarding Beach Concession Services contract to Island Sands Beach Service of NW Florida, LLC, being the highest bid based on specifications. BACKGROUND and ANALYSIS: Beach Concession Services request for bids (RFB) was advertised September 26, 2012. Island Sands Beach Service of NW Florida, LLC submitted the highest bid based on bid specifications. The Beach Concession Services RFB consisted of two submittals: Submittal #1- Rental of beach chairs and umbrellas at Newman C. Brakin Park (the Boardwalk), John Beasley Park, Ross Marler Park, James Lee Park, and the operation of two small concession stands at John Beasley Park; Submittal #2 - Included submittal #1 with optional sales and rentals. Val Schoger-Flores owner of The Top of the Dunes, LLC was awarded the Beach Concession Services contract in 2007. The current contract will expire March 31, 2013. The Beach Concession Services request for bids was advertised September 26, 2012, two bids were received. The bid opening was held October 19, 2012 at the Purchasing Department. Island Sands Beach Service of NW Florida, LLC was the highest bidder with $30,000.00 for submittal #1. Top of the Dunes, LLC bid a total of $17,000.00 for submittal #1 and #2. OPTIONS: Award or Reject. RECOMMENDATION: Staff has reviewed the bids and recommends awarding the contract to Island Sands Beach Service of NW Florida, LLC and authorize the Chairman to sign the subsequent contract document. RECOMMENDED BY: Packet Pg. 204  8.4.4 APPROVED BY: James D. Curry, County Administrator Packet Pg. 205  8.4.4.a Packet Pg. 206 Attachment: Contract & RFP (1165 : Beach Concession Services Contract Award)  8.4.4.a Packet Pg. 207 Attachment: Contract & RFP (1165 : Beach Concession Services Contract Award)  8.4.4.a Packet Pg. 208 Attachment: Contract & RFP (1165 : Beach Concession Services Contract Award)  8.4.4.a Packet Pg. 209 Attachment: Contract & RFP (1165 : Beach Concession Services Contract Award)  8.4.4.a Packet Pg. 210 Attachment: Contract & RFP (1165 : Beach Concession Services Contract Award)  8.4.4.a Packet Pg. 211 Attachment: Contract & RFP (1165 : Beach Concession Services Contract Award)  8.4.4.a Packet Pg. 212 Attachment: Contract & RFP (1165 : Beach Concession Services Contract Award)  8.4.4.a Packet Pg. 213 Attachment: Contract & RFP (1165 : Beach Concession Services Contract Award)  8.4.4.a Packet Pg. 214 Attachment: Contract & RFP (1165 : Beach Concession Services Contract Award)  8.4.4.a Packet Pg. 215 Attachment: Contract & RFP (1165 : Beach Concession Services Contract Award)  8.4.4.a Packet Pg. 216 Attachment: Contract & RFP (1165 : Beach Concession Services Contract Award)  8.4.4.a Packet Pg. 217 Attachment: Contract & RFP (1165 : Beach Concession Services Contract Award)  8.4.4.a Packet Pg. 218 Attachment: Contract & RFP (1165 : Beach Concession Services Contract Award)  8.4.4.a Packet Pg. 219 Attachment: Contract & RFP (1165 : Beach Concession Services Contract Award)  8.4.4.a Packet Pg. 220 Attachment: Contract & RFP (1165 : Beach Concession Services Contract Award)  8.4.4.a Packet Pg. 221 Attachment: Contract & RFP (1165 : Beach Concession Services Contract Award)  8.4.4.a Packet Pg. 222 Attachment: Contract & RFP (1165 : Beach Concession Services Contract Award)  8.4.4.a Packet Pg. 223 Attachment: Contract & RFP (1165 : Beach Concession Services Contract Award)  8.4.4.a Packet Pg. 224 Attachment: Contract & RFP (1165 : Beach Concession Services Contract Award)  8.4.4.a Packet Pg. 225 Attachment: Contract & RFP (1165 : Beach Concession Services Contract Award)  8.4.4.a Packet Pg. 226 Attachment: Contract & RFP (1165 : Beach Concession Services Contract Award)  8.4.4.a Packet Pg. 227 Attachment: Contract & RFP (1165 : Beach Concession Services Contract Award)  8.4.4.a Packet Pg. 228 Attachment: Contract & RFP (1165 : Beach Concession Services Contract Award)  8.4.4.a Packet Pg. 229 Attachment: Contract & RFP (1165 : Beach Concession Services Contract Award)  8.4.4.a Packet Pg. 230 Attachment: Contract & RFP (1165 : Beach Concession Services Contract Award)  8.4.4.a Packet Pg. 231 Attachment: Contract & RFP (1165 : Beach Concession Services Contract Award)  8.4.4.a Packet Pg. 232 Attachment: Contract & RFP (1165 : Beach Concession Services Contract Award)  8.4.4.a Packet Pg. 233 Attachment: Contract & RFP (1165 : Beach Concession Services Contract Award)  8.4.4.a Packet Pg. 234 Attachment: Contract & RFP (1165 : Beach Concession Services Contract Award)  8.4.4.a Packet Pg. 235 Attachment: Contract & RFP (1165 : Beach Concession Services Contract Award)  8.4.4.a Packet Pg. 236 Attachment: Contract & RFP (1165 : Beach Concession Services Contract Award)  8.4.4.a Packet Pg. 237 Attachment: Contract & RFP (1165 : Beach Concession Services Contract Award)  8.4.4.a Packet Pg. 238 Attachment: Contract & RFP (1165 : Beach Concession Services Contract Award)  8.4.4.a Packet Pg. 239 Attachment: Contract & RFP (1165 : Beach Concession Services Contract Award)  8.4.4.a Packet Pg. 240 Attachment: Contract & RFP (1165 : Beach Concession Services Contract Award)  8.4.4.a Packet Pg. 241 Attachment: Contract & RFP (1165 : Beach Concession Services Contract Award)  8.4.4.a Packet Pg. 242 Attachment: Contract & RFP (1165 : Beach Concession Services Contract Award)  8.4.4.a Packet Pg. 243 Attachment: Contract & RFP (1165 : Beach Concession Services Contract Award)  8.4.4.a Packet Pg. 244 Attachment: Contract & RFP (1165 : Beach Concession Services Contract Award)  8.4.4.a Packet Pg. 245 Attachment: Contract & RFP (1165 : Beach Concession Services Contract Award)  8.4.4.b Packet Pg. 246 Attachment: Contract & Lease Int Coord Sheet (1165 : Beach Concession Services Contract Award)  8.4.4.c Packet Pg. 247 Attachment: Bid Tabulation Sheet (1165 : Beach Concession Services Contract Award)  8.4.5 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 20, 2012 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Information Item - FY 2011-2012 Striping Contract Payment DEPARTMENT: Public Works BCC DISTRICT: ALL STATEMENT OF ISSUE: The final invoice for road striping for FY 2011-2012 in the amount of $379,905.39 has been presented by the vendor for review and payment. The work has been field verified and staff agrees with the work completed. Sufficient dollars remain in the FY 2011-2012 budget to pay the total amount of the invoice. This work was part of the approved FY 2011-2012 budget. Due to the timing of the striping list approval, and the contractors workload, not all of the list was completed and thermoplastic was applied to some of the roads on the list due to a scrivener's error which resulted in a higher invoice amount. Those roads left remaining will be completed in the FY 2012-2013 work. BACKGROUND: The Public Works Road Division compiles a list annually of roads that could benefit from the application of road striping (either thermo-plastic or paint) in accordance with Board adopted policy. The Board recently approved a new contract with Gulf Coast Traffic Engineers as the low bidder for FY 2012-2013. OPTIONS: Informational Item regarding the payment for FY 2011-2012 striping. RECOMMENDATIONS: N/A RECOMMENDED BY: Packet Pg. 248  8.4.5 APPROVED BY: James D. Curry, County Administrator Packet Pg. 249  8.4.5.a Packet Pg. 250 Attachment: Gulf Coast Invoice (1168 : Information Item - FY 2011-2012 Striping Contract Payment)  8.4.5.a Packet Pg. 251 Attachment: Gulf Coast Invoice (1168 : Information Item - FY 2011-2012 Striping Contract Payment)  8.4.5.a Packet Pg. 252 Attachment: Gulf Coast Invoice (1168 : Information Item - FY 2011-2012 Striping Contract Payment)  8.4.5.a Packet Pg. 253 Attachment: Gulf Coast Invoice (1168 : Information Item - FY 2011-2012 Striping Contract Payment)  8.4.5.a Packet Pg. 254 Attachment: Gulf Coast Invoice (1168 : Information Item - FY 2011-2012 Striping Contract Payment)  8.4.5.a Packet Pg. 255 Attachment: Gulf Coast Invoice (1168 : Information Item - FY 2011-2012 Striping Contract Payment)  8.4.6 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 20, 2012 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Information Item - Expansion of Enhanced Recycling Service (1-1-1) DEPARTMENT: Public Works BCC DISTRICT: ALL STATEMENT OF ISSUE: Waste Management, Inc (WMI) has provided a proposal to extend the enhanced recycling (1-1-1) program throughout the franchised areas of Okaloosa County (approximately 30,000 homes). BACKGROUND & ANALYSIS: At the Board’s direction earlier this year, WMI implemented a 1-1-1 pilot (Feb - Aug 2012) in the service areas encompassing approximately 2,400 homes in the Shalimar and Poquito Bayou areas. Results were positive in that the data showed a significant decrease in garbage disposal as well as a significant increase in the volume of recyclables collected at the curb. Additionally, a survey of residents participating in the pilot was conducted during the latter stages of the pilot program, which also affirmed a positive perception of the benefit of the program (results attached). When item was last brought before the Board it was decided that a decision would be deferred until the new BCC members were available to consider the issue. Staff subsequently had conversations with Waste Management who has requested a delay in their proposal consideration until they have time to evaluate rate incentives based on an analysis of recent billing information from Water & Sewer. Staff is requesting to defer this item to December at which time we will bring WMI's final offer before the Board. If unable to reach terms agreeable to both parties then staff will include 1-1-1 as part of its contract considerations for March 2016. OPTIONS: Information only RECOMMENDATION: Information only. Staff will return to the Board in December with a recommendation on a mid-term roll out of 1-1-1 or a recommendation to defer implementation as part of a new contract advertisement in 2016. Packet Pg. 256  8.4.6 RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator Packet Pg. 257  8.4.6.a WASTE MANAGEMENT 108 Hill Avenue. Attachment: Okaloosa County WM Proposal 91012[1] (1170 : Information Item - Expansion of Enhanced Recycling Service (1-1-1)) Fort Walton Beach, FL 32548 (850) 301-2816 dfarmer@wm.com September 10, 2012 Mr. John Hofstad Public Works Director Okaloosa County Public Works 1759 South Ferdon Blvd. Crestview, FL 32536 Dear John: Since our last meeting, my financial team has modeled and analyzed the 1x1x1 residential curbside program. We have diligently reviewed various operating scenarios given the pricing we discussed during our last meeting. We would like to propose the following: • $9.70/month/home • WM will provide the 96 gallon carts • 5 year extension on both Collection and Transfer Station agreements • Bad Debt is capped at $95K per year With the above proposal, Okaloosa County will recognize a substantial savings because of the reduced cost per home, additional revenue from recycled commodities, and decreases in solid waste disposal cost. WM has genuinely taken this opportunity to extend our working relationship with Okaloosa County. We have deployed many resources to model and analyze both financial and operational scenarios. Ultimately, we recognize that WM will incur a capital expense of $1.5M, we have anticipated improved operational efficiencies, we expect decreases in disposal volumes, and increases in the transportation/handling of our recycled commodities. We believe this current proposal is a significant option for the County’s consideration. Let me know if you have any questions. Sincerely, Domenica Farmer Domenica Farmer District Manager Waste Management Packet Pg. 258  8.4.6.b WASTE MANAGEMENT INC. 108 Hill Avenue Ft Walton Bch, FL 32548 Attachment: Okaloosa County 10-18-12 (1170 : Information Item - Expansion of Enhanced Recycling Service (1-1-1)) (850) 301-2816 October 18, 2012 Mr. John Hofstad, Public Works Director Okaloosa County 1759 South Ferdon Boulevard Crestview, FL 32539 Dear Mr. Hofstad Waste Management met today with Okaloosa Water and Sewer and discussed the discrepancies between the billing and the remittance. During our discussions a number of key issues were identified. Water and Sewer staff committed to begin running queries, analyze the data and make recommendations to mitigate these discrepancies. It is their feeling that this process will take several weeks. It is possible that the resolution of these discrepancies may provide additional information and create new option for the 1 – 1 – 1 program. Please accept this request to delay discussions on the 1 – 1 – 1 program until the first Board of County Commission Meeting in December. Should you have any questions or wish to discuss this matter further, please do not hesitate to give me a call. Sincerely, Domenica Farmer Domenica Farmer District Manager Packet Pg. 259  8.4.6.c Board of County Commissioners State of Florida Attachment: Survey 1-1-1 Pilot Survey Results (1170 : Information Item - Expansion of Enhanced Recycling Service (1-1-1)) Annotated Residential Recycling Survey 2,234 Surveys Mailed, 447 qualified surveys received 16 Surveys were disqualified for no name and/or no address 20% of the Piloted Area Responded 1) During the pilot, what day is your garbage, yard waste, and recycling collected? 279 Monday 162 Thursday 6 No Response 2) Prior to the pilot, how often did you usually set out the following items for collection? Garbage Cart: (mark one) Recycling Bins: (mark one) 74% Twice per week 70% Every week 19% Once per week 11% Every other week 4% Every other week 4% Once per month 0% Once per month 11% Never 0% Never 4% No Response 2% No Response 3) During the pilot, how often did you usually set out the following items for collection? Garbage Cart: (mark one) Recycling Bins: (mark one) 90% Once per week 66% Every week 7% Every other week 20% Every other week 1% Once per month 8% Once per month 0% Never 4% Never 2% No Response 2% No Response 4) What concerned you most about switching to once per week garbage collection? (Some checked more than one box, percentage based on the 447 qualified surveys) Concerns prior to the pilot: Concerns after 5-month pilot: 55% No concerns 61% No concerns 17% Generating an overflow of garbage 28% Generating an overflow of garbage 26% Odors 9% Odors 16% Missing a collection day 17% Missing a collection day 3% Other Comments 8% Other Comments 5% No Response 3% No Response See reverse side for more survey questions. Packet Pg. 260  8.4.6.c Okaloosa County Board of County Commissioners Recycling Pilot Survey 5) What concerned you most about switching from recycling bins to a recycling cart? (Some checked more than one box, percentage based on the 447 qualified surveys) Attachment: Survey 1-1-1 Pilot Survey Results (1170 : Information Item - Expansion of Enhanced Recycling Service (1-1-1)) Concerns prior to the pilot:(mark one) Concerns after 5-month pilot: (mark one) 69% No concerns 70% No concerns 13% Cart too large for amount of recyclables 14% Cart too large for amount of recyclables 11% Storing the cart 13% Storing the cart 3% Other 3% Other 4% No Reponse 6) How would you describe the educational materials that accompanied the pilot program? 64% Very informative 3% Not informative 22% Somewhat informative 6% Never received any materials 5% No Response 7) When compared to your pre-pilot disposal and recycling habits, during the pilot, did you: Dispose of: (mark one) Recycle: (mark one) 4% More garbage 64% More materials 42% Less garbage 2% Less materials 53% Aboutthe same amount 31% About the same amount 2% No Response 3% No Response 8) What is your overall opinion of the pilot program? 55% Excellent 27% Good 5% Fair 11% Don’t like it 2% No Response 9) Do you want to continue the enhanced recycling program? 81% Yes 10% No 6% Don’t care 3% No Response 10) Should the expanded recycling program be expanded to all County customers? 74% Yes 8% No 13% Don’t care 18% No Response 84 Ready Avenue, Fort Walton Beach, FL 32548 Office (850) 651-7395 Fax (850) 651-7397 Packet Pg. 261  8.4.6.d Packet Pg. 262 Attachment: Summary of WMI 1-1-1 Proposal (1170 : Information Item - Expansion of Enhanced Recycling Service (1-1-1))  9.1 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 20, 2012 TO: Honorable Chairman and Members of the Board FROM: Rebecca Sherry SUBJECT: Sherry Update on Volunteer Dune Planting Rebecca Sherry to update to the Board concerning Volunteer Dune Planting. Packet Pg. 263  9.1.a From: David Sherry Sent: Wednesday, November 14, 2012 5:40 PM To: Don Amunds Subject: 2013 Volunteer Dune Planting Spreadsheet Dear Chairman Amunds, I have attached the draft 2013 volunteer dune planting spreadsheet I shared at the Okaloosa Island Dune Planting coordination meeting this afternoon with Dan Attachment: Sherry Dune Planting (1189 : Sherry Update on Volunteer Dune Planting) O'Byrne, Jim Trifilio, and Matt Trammell. It identifies 37 beachfront properties which have opted in to plant the dune if sea oats are provided for free. If Okaloosa County would like, we could volunteer plant the beach freeways as well. We estimate $40,000 to purchase and plant 100,000 sea oats with volunteer labor. Thank you for the opportunity for David and me to update the BCC and answer questions at the end of Tuesday's BCC meeting on the status of the 2013 volunteer dune planting. Sincerely, Rebecca Sherry President, Condo Alliance of Okaloosa Island Packet Pg. 264  9.1.b Packet Pg. 265 Attachment: Sherry 2013 Volunteer Dune Planting Spreadsheet.pdf (1189 : Sherry Update on Volunteer Dune Planting)