Okaloosa County BOCC — July 2, 2013 — reading text

WHEREAS, the County previously entered into a Stipulation and Agreement to resolve various disputes with certain municipalities over the funding of certain roads, law enforcement activities and identified parks; WHEREAS, issues relating to law enforcement and roads were eliminated from the scope of the Stipulation and Agreement as a result of subsequent litigation; WHEREAS the County has continued to fund the parks identified within the Stipulation and Agreement with proceeds of the Okaloosa County Municipal Services Taxing Unit; WHEREAS, the County intends to fund additional municipal service within the Okaloosa County Municipal Services Taxing Unit; WHEREAS, Board determines that the provision of a storm water utility and parks and other recreational areas constitute essential facilities and municipal services as contemplated by section 125.01 (1) q, Fla. Stat. 1 Packet Pg. 431  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, 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”, which shall consist of all of the unincorporated area of Okaloosa County within its boundaries. 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 an ad valorem tax within the Unit to provide funding for the provision of those services and improvements as determined by the Board and which are authorize herein. 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. 2 Packet Pg. 432 SECTION 4. Authorized Purposes. The proceeds of the ad valorem tax authorized herein shall be utilized for the following purposes: 1. 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; 2. To provide services and improvements for such other parks and recreational areas within the Unit as determined by the Board; 3. To provide services and improvements related to the management and control of storm water and a storm water utility within the Unit as determined by the Board; and 4. To provide for such other essential facilities and municipal services within the Unit as authorized by section 125.01 (1) (q), Fla. Stat. and approved by the Board. SECTION 5. Reimbursement of Administrative Costs. 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 6. Effective Date. This Ordinance shall become effective immediately upon adoption and filing as provided by law. 3 Packet Pg. 433 PASSED AND ADOPTED in Regular Session this _____ day of August, 2013. BOARD OF COUNTY COMMSSIONERS OF OKALOOSA COUNTY, FLORIDA ATTEST: _________________________ ______________________________ DON HOWARD, DON R. AMUNDS, Clerk of Court Chairman 4 Packet Pg. 434  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: August 6, 2013 TO: Honorable Chairman and Members of the Board FROM: Kay Godwin SUBJECT: Legal Services Job Descriptions DEPARTMENT: Human Resources BCC DISTRICT: ALL STATEMENT OF ISSUE: Provide draft job descriptions for County Attorney and Paralegal for review and discussion. BACKGROUND: On July 16, 2013, the Board discussed adding two positions to the Legal Services Department and directed staff to prepare job descriptions for the positions of County Attorney and Paralegal. OPTIONS: N/A RECOMMENDATIONS: Provide further direction to staff as necessary. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 435  OKALOOSA COUNTY CLASS DESCRIPTION, 2013 JOB TITLE: COUNTY ATTORNEY LEGAL SERVICES DEPARTMENT REPORTS TO THE BOARD OF COUNTY COMMISSIONERS GENERAL STATEMENT OF JOB Provides legal advice, analysis and representation to internal staff, boards and the Board of County Commissioners and supervises and directs the County’s legal services staff. SPECIFIC DUTIES AND RESPONSIBILITIES ESSENTIAL JOB FUNCTIONS Oversees and directs the implementation of internal legal activities and operations, which includes planning, coordinating, administering, and evaluating projects, processes, procedures, systems and standards; ensures compliance with Federal, State and local laws, regulations, codes, and/or standards. Researches and interprets the law using statutes, case law, ordinances and administrative regulations; provides legal advice, analysis, and opinions upon request for appointed county officials, administrative management staff and advisory boards concerning local government, administrative policy development, employment, workers’ compensation, purchasing practices, real estate, code enforcement, public records, and/or other related legal issues. Prepares and reviews proposed legislation, ordinances, resolutions, contracts, deeds, leases, bond provisions and other legal documents requested by the County Commissioners, County Administrator or management staff. Investigates complaints by or against the County; prepares cases for trial; represents the County in litigation, including administrative hearings, arbitration and civil trials before county, state and federal courts. Directs personnel functions of the department (i.e., selection, assignment, scheduling, interviewing, hiring, merit increases, discipline). Prepares, reviews, interprets and analyzes a variety of information, data and reports; makes recommendations based on findings. Prepares and administers budget; prepares cost estimates for budget recommendations; monitors and controls department and outside counsel expenditures. Coordinates, monitors and reports to the Commission on the representation of the County by special outside counsel retained by the Commission. Attends meetings of the Board of County Commissioners and committees. Must be able to meet work schedule and attendance standards. Performs related duties as required. MINIMUM TRAINING AND EXPERIENCE Juris Doctorate from an accredited college or university law school required; supplemented by seven (7) years of progressively responsible experience in practicing law as a member of The Florida Bar, four (4) of which shall be in a supervisory/management capacity; or an equivalent combination of education, training and experience that provides the knowledge skills and abilities. Experience practicing law in the public sector, including litigation, ordinance drafting, resolution drafting, and advising boards and/or constitutional officers, and board certification in City, County and Local Government Law is preferred. Must be a member in good standing with the Florida Bar Association. Knowledge of federal, state, county and municipal law, common law and constitutional law affecting County government is preferred. Knowledge of judicial procedures and the rules of evidence required. Requires strong analytical, organizational, interview, verbal and written communication skills with excellent attention to detail. Must have a valid driver license. Packet Pg. 436  MINIMUM QUALIFICATIONS OR STANDARDS REQUIRED TO PERFORM ESSENTIAL JOB FUNCTIONS Physical Requirements: Must be physically able to operate a variety of machines and equipment including computer, office equipment, telephone, facsimile, and copier. Must be able to exert 20 to 50 pounds of force occasionally, or 10 to 20 pounds of force frequently, and/or a negligible amount of force constantly to lift, carry, push, pull or otherwise move objects. Subject to possible bodily injury from irate clients and/or citizens. Physical demands are essentially those of sedentary work. Data Conception: Requires the ability to compare and/or judge the readily observable functional, structural or compositional characteristics (whether similar to or divergent from obvious standards) of legal documentation, materials and equipment acquisitions, research compiled and equipment utilized. Interpersonal Communications: Requires the ability of speaking and/or signaling people to convey or exchange information; includes issuing and receiving assignments, instructions and/or directions. Requires the ability to tactfully and effectively interact with the public and with co-workers. Language Ability: Requires ability to read Standard English, as well as technical data, policy and procedure manuals, codes, etc., ranging from moderately complex to highly technical legal terminology. Requires the ability to prepare forms and reports using prescribed formats and adhering to all rules of spelling, grammar, punctuation, diction and style. Requires the ability to communicate effectively in Standard English. Requires the ability to communicate with a broad array of individuals from various professional and socioeconomic backgrounds. Intelligence: Requires the ability to apply principles of logical and scientific thinking to define problems, collect data, establish facts and draw valid conclusions; to interpret a variety of instructions in written and oral form; to make independent judgments in absence of supervision; to acquire knowledge of