Okaloosa County BOCC — May 17, 2016 — April 19, 2016 Regular Meeting — reading text

Hospitality Association is seeking approval for a fireworks display on the Okaloosa Island Pier on April 30 , 2016 . He pointed out the Pier , which is currently opened 24-7 , would have to be closed for the event . April 19 , 2016 -9- Minute Book 74 , Page 204 Okaloosa County Board of County Commissioners  Mr . Autrey also noted there are combustible materials on the Pier and staff does not support the request . Mrs . Ketchel voiced her objection to the request and made motion , seconded by Mr . Harris , to disapprove this special event permit . 5 yeas . PUBLIC WORKS - WESTERN CRESTVIEW BYPASS PD&E TRIP APPLICATION Mr . Autrey stated he and Mr . Boyles met with FDOT Secretary Barfield and received favorable support for plans for a Western Crestview Bypass and were encouraged to move forward with an application for Transportation Regional Incentive Program (TRIP) funds . He explained this TRIP application requests funding approval to support a needed Project Development & Environmental (PD&E) Study for the northern extension of the P . J. Adams Parkway (Western Bypass) in Crestview . The proposed corridor will utilize the existing Old Bethel Road termination points on U. S . 90 on the west side of Crestview , then north to S . R. 8 5 . Mr. Autrey stated this would be a 50/50 grant with anticipated FDOT project approval in 2020 . Mr . Boyles commented that it was a very friendly meeting with Secretary Barfield and said the Secretary is interested in moving the PD&E study rapidly . Mr . Harris made motion , seconded by Mr . Boyles , to approve the PD&E TRIP application for the Western Crestview Bypass . 5 yeas . GROWTH MANAGEMENT - APPROVAL TO SUBMIT APPLICATION TO FDEM FOR 2016 PRE-DISASTER MITIGATION AND FLOOD MITIGATION ASSISTANCE GRANT PROGRAMS Mr . Elliot Kampert , Growth Management Director , stated the Florida Division of Emergency Management (FDEM) has Pre-Disaster Mitigation and Flood Mitigation Assistance Grants available . Two county residents have expressed interest in using the Flood Mitigation Assistance Program to address flooding problems at their residences . One application will be for $271 , 000 which would be for acquiring the subject property and would be followed by demolition and stabilization . Costs associated with this application are approximately $30 , 000 . The second application will be for approximately $27 5 , 000 to elevate the house. Mr . Kampert stated the property owner has acknowledged this amount will not cover all costs . Mr. Kampert requested the Board authorize submittal of the applications for the FY 2016 Flood Mitigation Assistance Grant Program and to authorize the Growth Management Director to April 19 , 2016 -10- Minute Book 74 , Page 20 5 Okaloosa County Board of County Commissioners l __ continue to work with interested citizens to develop their applications , to coordinate review of the completed applications prior to submittal , to authorize the Chairman to execute the applications , and to authorize the Contracts and Grants Office to submit the applications electronically . Mr . Goodwin made motion , seconded by Mr . Boyles , to proceed with the department head ' s recommendations . Mr . Boyles stated it is important to work on a policy regarding applications and hard costs associated with this program . He said the differential between property value and grant funding cannot be subsidized with money from the county coffers . Mrs . Ketchel concurred and stated Mr . Kampert must make sure the application value is accurate. Mr . Kampert responded the applicant must agree to an appraisal and staff will work on a budget analysis . Mrs . Ketchel stressed that it will not be acceptable to get into the county coffers . Mr . Stewart suggested an amendment to the motion and recommended the motion be for approval for the Chairman to sign the application and for Contracts and Grants to submit the application electronically . Mr . Goodwin accepted the amendment and Mr. Boyles confirmed his second . Mr . Goodwin stated al though he supports helping these residents , ad valorem tax dollars cannot be used to fund private property purchases . He said the Board ' s obligation is to assist the property owners through the process . 5 yeas . GROWTH MANAGEMENT - HILTON GARDEN INN (AKA EMERALD BREEZE RESORT PHASE II) Mr . Kampe rt referenced earlier discussions ( 2015) on the construction of the hotel for the second phase of Emerald Breeze Resort . (NOTE : On May 27 , 2015 the applicant submitted a revi~ed plan for Emerald Breeze Resort Phase II consisting of the existing 152-room hotel and a 175-room hotel minus the 6 , 600-square foot restaurant . A development order (DO) for phase II was issued on December 17 , 2015 . ) He stated the applicant has now submitted revised plans to increase the number of rooms from 175 to 178 . Mr . Harris asked the status of the tax issue . Mr . Stewart replied the applicant ' s taxes are paid to date. Mrs . Ketchel stated this is in her district and she cannot support the revised plan . Mrs. Ketchel made motion , seconded by April 19 , 2016 -11- Minute Book 74 , Page 206 Okaloosa County Board of County Commissioners Mr . Harris, to deny the request to increase capacity . Mrs . Ketchel commented that this project was sold as a hotel for military families but now has become the Hilton Garden Inn and will be competing with other hotels. Mr . Boyles ref erred to the "exciting meeting" in November when this was discussed before the Board . He stated he has no problem with supporting the request for three extra rooms but would first like to hear from the applicant on his perspective on payment of taxes . Mr . Rich Chism, Program Manager for Emerald Breeze Resort Group , stated the 2015 taxes have been paid . He reported the second hotel is under construction. Mr . Chism stated they reserve the right to review their tax assessment . Mr . Goodwin said he has great concerns al though the applicant now appears to be playing according to the rules ; however , he said he will support the motion . 4 yeas , 1 nay. (Mr . Boyles voted no . ) GROWTH MANAGEMENT - REVISIONS TO 2016-17 , 2017-18 , AND 2018-19 LOCAL HOUSING ASSISTANCE PLAN Mr . Kampert stated the Local Housing Assistance Plan (LHAP) was presented to the Board for approval on April 5 and transmitted to the Florida Housing Finance Corporation (FHFC) . He said FHFC would not accept the documents during the initial review because it was in the wrong format . Mr . Kampe rt stated the LHAP has been reformatted and asked the Board to approve the reformatted LHAP and to authorize/direct the Contract and Grants Office to replace the LHAP adopted on April 5 , 2016 with attached revision and forward to FHFC. He also requested the Chairman be authorized to execute all associated State Housing Incentives Partnership (SHIP) documents . Mrs . Ketchel made motion , seconded by Mr . Boyles , to approve the request of the department head. 5 yeas . OLD BUSINESS OKALOOSA COUNTY RESTORE ACT MULTI-YEAR IMPLEMENTATION PLAN NARRATIVE Mr . Max Schwalb with the Matrix Design Group updated the Board on activities of the Okaloosa County RESTORE Act Committee since last October . A draft of the Multi-Year Implementation Narrative was presented . April 19 , 2016 -12- Minute Book 74 , Page 207 Okaloosa County Board of County Commissioners Mrs. Godwin stated staff is requesting approval of this plan and authorization to submit it to the U. S . Treasury . Mr . Harris made motion , seconded by Mrs . Ketchel , to approve the Multi-Year Implementation Plan and to authorize submission of the plan as indicated . 5 yeas . OLD BUSINESS - PROPOSED SETTLEMENT OF LITIGATION WITH DEPARTMENT OF JUVENILE JUSTICE Mr. Stewart stated the item before the Board is a proposed settlement with the Department of Juvenile Justice (DJJ) . During the most recent Legislative Session , there was an effort to resolve all litigation through adoption of SB 1322 . This bill establishes a split of costs for juvenile detention at 50 % funded by the State and 50 % funded by counties . He said in exchange , the counties have been asked to drop all litigation if this provision is adopted . Mr . Stewart reported the bill was signed by the Governor on March 29 . He asked the Board to authorize him to dismiss the litigation between Okaloosa County and DJJ and to authorize the Chairman to execute the settlement and release. Mr . Boyles made motion , seconded by Mr. Harris , to authorize counsel to dismiss the litigation with prejudice and for the Clerk to pay all future invoices between now and the end of the year on the 50/50 ratio . Mr . Stewart asked him to add authorization for the Chairman to sign the waiver and release. Mr . Boyles so amended his motion . 5 yeas. OLD BUSINESS PROPOSED SETTLEMENT OF LITIGATION WITH LEWIS COMMUNICATIONS , INC. Mr. Stewart commented that it has been a long road trying to recover monies from the entities which participated with Mr . Mark Bell.inger in the TDC scandal . He said the last issue is with Lewis Communications , Inc . (advertising agency) . Mr . Stewart stated the issues with this business involve the purchase of a house titled in Mr . Bellinger ' s name and direct payments. He recapped the events , saying Okaloosa County filed suit against Lewis and Lewis filed a counter suit. The matter went to mediation . A proposed settlement was reached and has been submitted to the Board for consideration . He recommended approval of the proposed mediated settlement agreement in which Lewis Communications will pay Okaloosa County $40 , 000 and authorization to execute all necessary documents and releases to effectuate the settlement by appropriate parties . Mr . Harris April 19, 2016 -13- Minute Book 74 , Page 208 Okaloosa County Board of County Commissioners made motion , seconded by Mrs . Ketchel , to dismiss the lawsuit with prejudice and to approve the settlement agreement . 5 yeas . PUBLIC COMMENTS Mr . Dave Sherry , Okaloosa Island , thanked Mr . Autrey for addressing their concerns regarding the Santa Rosa Boulevard sidewalk and providing assurance that the swales will be retained . ADJOURNMENT There being no further business to come before the Board , the meeting was adjourned at 7 : 42 p . m. J . D. PEACOCK II CHARLES K. WINDES , JR ., CHAIRMAN CLERK OF CIRCUIT COURT BOARD OF COUNTY COMMISSIONERS (These minutes were transcribed by Teresa Ward . ) April 19 , 2016 -14- Minute Book 74 , Page 209 Okaloosa County Board of County Commissioners