Okaloosa County BOCC — October 16, 2012 — reading text

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.