Okaloosa County BOCC — February 4, 2014 — Minutes — reading text

(BA #38) (cr) Resolution amending FY 2014 Budget, Additional Court Costs Special Revenue Fund (cash carried forward) RESOLUTION NO. 13-219 (BA #39) (s) Resolution amending FY 2014 Budget, Drug Abuse Trust Special Revenue Fund (cash carried forward) RESOLUTION NO. 13-220 (BA #40) (t) Resolution amending FY 2014 Budget, Domestic Violence Trust Special Revenue Fund (cash carried forward) RESOLUTION NO. 13-221 (BA #41) (u) Resolution amending FY 2014 Budget, Traffic Education Special Revenue Fund (cash carried forward) RESOLUTION NO. 13-222 (BA #42) {v) Resolution amending FY 2014 Budget, Okaloosa Debt Service Fund (cash carried forward) RESOLUTION NO. 13-223 (BA #43) (w) Resolution amending FY 2014 Budget, Capital Outlay Construction Fund (cash carried forward) RESOLUTION NO. 13-224 (BA #44) December 17, 2013 -6- Minute Book 70, Page 173 Okaloosa County Board of County Commissioners 10. 11. 12. 13. 14. 15. 16. 17. (x) Resolution amending FY 2014 Budget, Road & Bridge Construction Capital Projects Fund (cash carried forward) RESOLUTION NO. 13-225 (BA #45) (y) Budget Transfer: Water & Sewer Enterprise Fund; additional space for Growth Management Department; BT-14-08 Airports: Task Order #14 with Romjue Advertising for purchasing media to attract businesses and additional passengers to Okaloosa County Airports with a not-to-exceed amount of $200,000 and pay Task Orders #9 through #13, as well as any expenses incurred during the month of December 2013 until signed by the Chairman Airports: Amendment #1 to Rondan CEW, LLC lease to extend the date in which vertical construction must be started to one year and hangar completion to within two years of execution of this agreement Airports: Amendment #1 to Regal Air FBO lease at Destin Airport to allow the Airports Department to reimburse Regal Air up to $148,900 to replace the existing bi-fold hangar door to the county-owned maintenance hangar Airports: Final payment to Atkins North America (Invoice #1181363) in the amount of $3,766.46 for Stormwater Pollution Prevention Plan Update and Spill Prevention, Control and Countermeasures Plan Update for Northwest Florida Regional Airport Is: Final payment to Pictometry International Corporation (Invoice #INV011247) in the amount of $45,524 for image library State Attorney: Request to transfer $5,180 from reserve funding to Repair & Maintenance account 56401 Water & Sewer: Lease renewal with Skyetech LLC for Unit D at 1310 Oddfellow Road, FWB; annual rent is $5,088 Water & Sewer: Lease renewal with Skyetech LLC for Unit E at 1310 Oddfellow Road, FWB, annual rent is $5,088 Facilities Maintenance: Advertise RFQ for design services for new 10,000-square foot, two-story office building at the Sheriff's Shalimar Office and approve recommended selection committee Water & Sewer: Lease renewal with Dent Tech of N.W. Florida, Inc. for Unit A at 1308 Oddfellow Road, FWB; annual rent is $6,678 Water & Sewer: Lease renewal with Allwood Furniture for Units A & B at 1310 Oddfellow Road, FWB; annual rent is $10,800 December 17, 2013 -7- Minute Book 70, Page 174 Okaloosa County Board of County Commissioners 20. Resolution authorizing Surety Land Title of Florida to prepare a quitclaim deed for the successful bidder converting his/her Okaloosa Island leasehold interests to fee simple title (Anne M. Roche and William R. Roche) RESOLUTION NO. 13-226 21. Purchasing: Approval to sell two fixed asset items (9-1-1 outdated communication equipment and 9-1-1 outdated server) 22. Airports: Ground Lease and Operating Agreement with U. S. Air Force for construction of Aircraft Rescue and Fire Fighting Facility 23. County Administrator: Proclamation designating January 4, 2014 as Mid-Bay Bridge Authority Day 5 yeas. PUBLIC HEARING - REQUEST BY FORTUNE 900 LLC TO VACATE PORTION OF ALLEY IN BLOCK 7 OF BAYVIEW SUBDIVISION {Tabled from November 19, 2013) Mr. Stanford read the advertised legal notice for public hearing to consider the request submitted by Choctaw Engineering on behalf of Fortune 900 LLC to vacate a 20-foot wide alley bounded on the west by Lots 9 and 10; on the east by Lots 19 and 20; and on the north by Second Avenue right-of-way, in Block 7 of Bayview Subdivision. This hearing was originally before the Board on November 19, 2013 but tabled to time certain on December 17. Mr. John Hofstad, Public Works Director, stated this is a continuation of the public hearing before the Board one month ago regarding a request to vacate a portion of the alley in Block 7 of Bayview Subdivision. He said evaluation of vacation requests is not subjective and staff evaluates the technical merits of each vacation request it receives. Mr. Hofstad stated this evaluation was done before the request was brought before the Board for consideration. At the last hearing, residents spoke about alleged encroachments on the right-of-way. He said the Growth Management Department and Code Enforcement was asked to investigate these allegations. Mr. Hofstad reported the encroachments have been removed. Subsequently, he said Okaloosa County Water & Sewer evaluated infrastructure in the area and he will let Water & Sewer System Director Jeff Littrell address that review. Continuing, Mr. Hofstad provided photographs of the subject alley. At the first hearing Mr. Campbell expressed concern December 17, 2013 -8- Minute Book 70, Page 175 Okaloosa County Board of County Commissioners about having access to the back of his property. Mr. Hofstad pointed out Mr. Campbell uses the parking lot to access his back gate. Mr. Campbell’s property and others cannot be accessed from the north end of the alley because it is overgrown with vegetation. Mr. Hofstad again addressed the RVs/camping trailers and concrete slab on the right-of-way, noting they have been removed. Upon inquiry by Mr. Parisot, Mr. Hofstad verified that a portion of a concrete slab had been poured on the county right-of-way. Mr. Hofstad displayed photographs of the current status of the alley. He reiterated staff evaluates certain technical merits of the vacation requests—structure conveyance, ingress/egress to private property owners, etc.—before bringing the item to the Board. Mr. Harris said at the prior public hearing, residents referred to the alley as a “fire lane” and asked Mr. Hofstad to comment. Mr. Hofstad replied they do not define or plat fire lanes. He said “fire lanes” are associated with commercial properties. Mr. Hofstad confirmed this alley was platted as a 20-foot right- of-way. Mr. Harris asked if rescue vehicles would have access if the alley were vacated. Mr. Hofstad replied they would maintain utility access but he does not have the manpower to maintain the many miles of unopened rights-of-way. Mr. Amunds asked how difficult it would be to clear this right-of-way if the county does not vacate it. Mr. Hofstad answered the removal of the vegetation is not a big event but there are other encroachments by other property owners, adding that has no bearing on this vacation request. Mr. Littrell stated his department normally requests utility access be maintained when right-of-way is vacated. He advised OCWS does have utilities in this area and asks for access to be maintained, clarifying the department does have three water meters in this alley. Mr. Littrell said because of the discussions at the last hearing, the department decided to investigate and get an exact location of its infrastructure. They discovered water meters and a gravity sewer main very close to the property line. He asked for a 10-foot easement from the property owner, if the Board vacates the alley. Mr. Harris asked if this infrastructure is on the property owner’s land and Mr. Littrell replied, “We don’t know exactly where it is.” Mr. Harris asked why we didn’t know about this in November and why it was not looked at previously. Mr. Harris commented that if the Board does not vacate, the property owner has every right to December 17, 2013 -9- Minute Book 70, Page 176 Okaloosa County Board of County Commissioners ask the county to move that line. He asked Mr. Littrell if he is prepared to litigate that. Mr. Littrell responded he would need to speak with legal on that issue. Mr. Dowd asked, “Do we have a line on his property?” Mr. Amunds answered, “Since 1954.” Mr. Amunds said he wants to make it clear there has been no discussion that the Board would vacate provided an easement is given to the county. Mr. Littrell replied they had no authority to make quid pro quo. Mr. Littrell told the Board the water and sewer infrastructure in Bayview Subdivision was installed by a private developer and was later taken over by the county. He said when they find lines on private property, they ask for an easement. Mr. Boyles remarked the Board can vacate with stipulations. Mr. Dowd said the Board is saying there is no public need for this publicly dedicated property. Mr. Amunds opened the floor for public comment. He pointed out there are many in attendance and asked those against the vacation to raise their hands, saying this will give the Board a general idea of the position of those in the room. He asked for speakers to please refrain from repeating comments over and over. Mr. Norman Gagnon stated two years ago a sinkhole developed in his backyard and he had to hire someone to plow through the vegetation to come into the backyard to make repairs. He said he had a need/a use for the right-of-way and does not want to give that up. Mr. Mark Siner of Choctaw Engineering, representing the applicant, stated he heard what Mr. Hofstad and Mr. Littrell said and communicated those concerns to his client. He said communication was also opened with Growth Management and his client removed the trailers. Mr. Siner advised that his client did obtain permits for the electrical and water/sewer connections for the trailers. With regard to the county’s sewer line, Mr. Siner verified that it is located on his client’s property and if the alley is vacated, he is willing to convey an easement for the existing sewer main and to allow the encroachment on his property. Continuing, Mr. Siner stated the Public Works Department does not see a need to retain this area for its department. He pointed out that all three water meters discussed earlier are December 17, 2013 -10- Minute Book 70, Page 177 Okaloosa County Board of County Commissioners for his client’s properties. Mr. Siner said his client would not do anything to impede access to there water meters. He added that his client has done everything willingly that was asked of him. Mr. Charlie Dyess, 917 Middle Drive, said he has lived at his address for fifty years. He stated the residents and petitioner did have a meeting and there was a commissioner present to keep them on track. Mr. Dyess said the residents want to know what Mr. Siner’s client has planned for the property. He also stated that he does not trust the individual and added that everyone in Bayview Subdivision is against vacating the alley. Mr. Amunds commented the applicant could build three single- family homes and asked Mr. Dyess if that would hinder the neighborhood. Mr. Dyess replied he would welcome the single- family homes. Upon inquiry by Mr. Boyles, Mr. Dyess said he believes the man has an ulterior motive, that he would welcome the three houses but he is opposed to the alley vacation. Mr. Roy Gordon, Middle Drive, stated the petitioner has violated the right-of-way. He told the Board they either stand with the people or stand with one individual. Mr. Gordon said he has heard for years the plan is to construct three apartment buildings. Mr. Doug Ayers, Middle Drive, spoke about retaining access through the alley. He said the access was needed when he made repairs and when he had a pool put in. He was also supportive of three single-family homes being constructed on the property. Ms. Linda Kulaw stated the residents want to