Okaloosa County BOCC — July 2, 2013 — reading text

September 30, 2013. Rather than prepare a new agreement, as the current agreement was authorized and entered into on April 11, 2011 (retroactive to October 1, 2010), the airlines have agreed, by an amendment, to a three-year extension to September 30, 2016. In addition to the extension, certain modifications to the Indemnification and Environmental sections of the lease have been made. Delta Airlines is the first to have signed and returned the proposed amendment. Although the other airlines have agreed to the extension through amendment, their coordination process has been protracted due to recent mergers between United/Continental and American/US Airways, and the County has not received executed amendments back from them. We anticipate receiving their amendments prior to September 1, 2013, at which time we will submit them for Board approval. In addition to the extension, the airlines have asked for and received some clarification to the indemnification provisions of the basic agreement specifically relating to environmental issues. Consequently, definitions have been added for environmental terms which were capitalized in the basic agreement, but were not previously defined. OPTIONS: Approve, Table or Disapprove. RECOMMENDATIONS: Staff recommends approval of Delta's First Amendment including the indemnification clarifications and defined terms. RECOMMENDED BY: Packet Pg. 409 APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 410 Packet Pg. 411 Packet Pg. 412 Packet Pg. 413 Packet Pg. 414 Packet Pg. 415 Packet Pg. 416 Packet Pg. 417 Packet Pg. 418 Packet Pg. 419 Packet Pg. 420 Packet Pg. 421 Packet Pg. 422 Packet Pg. 423  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: August 6, 2013 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Public Hearing Request to Amend Ordinance DEPARTMENT: Public Works BCC DISTRICT: All STATEMENT OF ISSUE: Amendments to and expansion of the unincorporated area Municipal Service Taxing Unit (MSTU) Ordinance to include provisions related to funding the management and control of stormwater and authorizing the use of proceeds of the MSTU for such other essential facilities and municipal services as authorized under law. BACKGROUND: Currently, the County has in place a MSTU (Ord. #84-19) to provide funding for unincorporated parks located throughout all five districts within the County. The Ordinance was enacted as part of a Stipulation and Agreement to resolve various disputes with certain municipalities over funding law enforcement activities and specific infrastructure. Over time, law enforcement and roads were eliminated from the Stipulation and Agreement; however, funding for unincorporated County parks remains. The County separated out stormwater related functions from the Road Division budget in 2010 resulting in a stand-alone Stormwater Division of the Public Works Department. Funding was initially set up for this division from a combination of General Fund revenue ($500K) and cash carry-forward from completed and under budget projects (• $2M). Staff informed the Board at the time that the proposed funding was not a sustainable revenue source to support the operational and capital needs of the division. Since this time, revenues have been depleted and sufficient revenue is not available for FY 2013/14 to fund the minimal operating needs of approximately $835,000. For the upcoming budget year, staff estimates a substantial reserve of approximately $4.9M will be available in the unincorporated parks MSTU. Together with the revenue generated annually from the MSTU (• $1.1M), sufficient funding exists to support the ongoing needs of the Parks Division for the foreseeable future. As a result, staff suggested and a majority of the Board concurred that a portion of the funding from the unincorporated MSTU could be diverted to aid in the establishment of a Stormwater Utility. Based on further direction from the Board, staff would suggest an annual allocation from the MSTU in the range of $400-$450K to support the Stormwater Utility. Combined with the current General Fund allocation of $400K, this revenue would be sufficient to cover the operational expenses of the Division. In addition, revenues will continue to be utilized from gas taxes to support annual capital improvement initiatives. The proposed ordinance revisions were drafted and approved by the County Attorney and outside Packet Pg. 424 legal counsel. OPTIONS: Approve/Disapprove authorizing a Public Hearing to solicit comments for and against amending and expanding the County’s unincorporated Municipal Service Taxing Unit. RECOMMENDATIONS: Request Board authorization to advertise a Public Hearing to be scheduled for the August 20, 2013 BCC meeting to be held at 6 p.m. in the Water & Sewer Administrative Building for the purpose of considering an ordinance amending and expanding the unincorporated area Municipal Service Taxing Unit to include stormwater funding and other unincorporated area parks. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 425 BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA: SECTION 1. Creation, Boundaries. 1. This ordinance is enacted pursuant to and in accordance with the provisions of §Chapter 125.01(1)(q), § 125.01(2), and § 125.01(6)(a), Florida Statutes, Fla. Stat. 2. There is hereby created a municipal services taxing unit to be known as the Okaloosa County Municipal Services Taxing Unit, hereinafter referred to as the “Unit”, for the purpose of providing funding for the maintenance and operation of those parks recited in Section I of the Stipulation And Agreement, a copy of which is attached hereto and made by reference a part hereof, which do not provide a real and substantial benefit to the residents of the municipalities, and for the funding of those law enforcement functions which do not provide a real and substantial benefit to the residents of the municipalities in accordance with the formula established in Section III of the Stipulation And Agreement, a copy of which is attached hereto and by reference made a part hereof. All of the unincorporated areas of Okaloosa County shall be included in and comprise the District.which shall consist of all of the unincorporated area of Okaloosa County within its boundaries. 3. The Unit shall be created for the following purposes: a) To provide for the maintenance and operations of those parks identified in a certain Stipulation and Agreement entered into by the County on February 14, 1984, consisting of Taylor Park (Destin Park), Meigs Park, Longwood Park, South Avenue Park, Oak Grove River Park, Lang Road Park, Seminole Park, and Milligan Yellow River Park. Packet Pg. 426 b) To provide services and improvements within the Unit for such other parks and recreational areas as determined by the Board of County Commissioners. c) To provide services and improvements within the Unit related to the management and control of storm water and such other services and improvements as necessary for the provision of a storm water utility. d) To provide for such other essential facilities and municipal services within the Unit as authorized by section 125.01 (1) (q), Fla. Stat. Packet Pg. 427 SECTION 2. Governing Body; Duties. The Board of County Commissioners of Okaloosa County, Florida, hereinafter referred to as the “Board”, shall be the governing body of the Unit. The Board shall determine each year the estimated costs of funding for the ensuring County fiscal year within the boundaries of the Unit. SECTION 3. Levy of Taxes; Collection. The Board of County Commissioners shall annually levy aan ad valorem tax adequate to provide funding for the Unitprovision of those services and improvements within the Unit as determined by the Board. The Board shall levy the ad valorem tax against the non - exempt assessed value of all real and tangible taxable property within the Unit. Said tax shall be levied and a budget prepared and adopted by the Board at the same time and in the same manner as the Board prepares and adopts its County annual budget and levies taxes as provided by law. Said taxes shall be assessed, levied, collected, remitted to and accounted for at the same time and in the same manner as the assessment, levy, collection, remittance and accountability of taxes by said Board as provided by law. SECTION 4. DispositionReimbursement of Proceeds from Levy of Formatted: No underline TaxesAdministrative Costs. Those funds obtained from the tax levy of the Unit shall be utilized for providing the services within the Unit and shall result in the reduction of the County millage levy within the incorporated areas not receiving a real and substantial benefit from the services. All costs and expenses incurred by the County or any Constitutional Office in the administration of this Ordinance may be reimbursed by the Unit. SECTION 5. Effective Date. Packet Pg. 428  This Ordinance shall become effective immediately upon adoption and filing as provided by law. Packet Pg. 429 ADOPTED in regular session this the _____ day of __________________, 2013. Formatted: Indent: First line: 0.5" OKALOOSA COUNTY, a political subdivision of the State of Florida By: Chairman Board of County Commissioners Formatted: Line spacing: single Packet Pg. 430  ORDINANCE _______ AN ORDINANCE RELATING TO THE OKALOOSA COUNTY MUNICIPAL SERVICES TAXING UNIT; AMENDING ORDINANCE NO. 84-19, AS CODIFIED IN APPENDIX D, ARTICLE XIV OF THE CODE OF OKALOOSA COUNTY; PROVIDING FOR THE LEVY OF AN AD VALOREM TAX WITHIN THE BOUNDARIES OF THE UNIT; PROVIDING FOR THE FUNDING OF CERTAIN PARKS; AUTHORIZING THE FUNDING OF OTHER PARKS AND RECEREATIONAL AREAS; AUTHORIZING THE FUNDING OF THE MANAGEMENT AND CONTROL OF STORM WATER; AUTHORIZING THE USE OF THE PROCEEDS OF THE MUNICIPAL SERVICE TAXING UNIT FOR SUCH OTHER ESSENTIAL FACILITIES AND MUNICIPAL SERVICES AS AUTORIZED UNDER SECTION 125.01 (1) (q), FLA. STAT. AS DETERMINED BY THE BOARD; PROVIDING AN EFFECTIVE DATE