Okaloosa County BOCC — January 30, 2013 — reading text

June 4, 2013 TO: Honorable Chairman and Members of the Board FROM: Rick Owen SUBJECT: Request for Executive Session DEPARTMENT: County Administrator BCC DISTRICT: ALL Per Board discussion at the May 7, 2013 BCC meeting, Greg Stewart requests an Executive Session immediately following this commission meeting to discuss litigation strategy relating to Okaloosa County v. Meigs Family Trust litigation. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator  AGENDA Okaloosa County Board of Commissioners June 4, 2013 Immediately following Board meeting (approximately 11 a.m.) Crestview Courthouse Crestview, FL Scheduled Items Open Public Meeting Chairman Don Amunds opens the public meeting. Executive Session Chairman Don Amunds calls an Executive Session to discuss litigation strategy relating to Okaloosa County v. Meigs Family Trust litigation. In attendance at this meeting will be Chairman Amunds, Vice-Chairman Dave Parisot, Commissioner Kelly Windes, Commissioner Wayne Harris, Commissioner Nathan Boyles, County Administrator Ernie Padgett, County Attorney John Dowd, Special Counsel Greg Stewart Esq. and a certified court reporter. The Executive Session will last approximately one hour. Close Executive Session –12:00 p.m. (estimated) Chairman Amunds will close the Executive Session and re-open the public meeting so that the Board can take action, if necessary.  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 4, 2013 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Appointment of Commission District 3 Representative on Board of Adjustment DEPARTMENT: Growth Management BCC DISTRICT: 3 STATEMENT OF ISSUE: The seat for the Commission District 3 representative on the Board of Adjustment is vacant and needs to be filled. Mr. Scott D. Kearney has agreed to fill this seat. BACKGROUND: The Board of Adjustment (BOA) is established pursuant to Section 11.02.00 of the Land Development Code, and serves as the Board of County Commissioners’ representative regarding variances, special exceptions, and administrative appeals to the Okaloosa County Land Development Code, Ordinance 91-1, as amended. Mr. Scott Kearney has agreed to serve on this Board. BOA members are selected by the County Commissioner within whose District they reside subject to confirmation by the Board of County Commissioners as provided in Section 11.01.02 of the Land Development Code: 11.02.01 District Members: Each elected official of the governing body shall recommend one appointment to the Board of Adjustment residing within the County Commissioner’s District. The appointments shall be confirmed by the Board of County Commissioners. OPTIONS: Approve or reject Mr. Kearney's appointment to the Board of Adjustment. RECOMMENDATIONS: Staff recommends approval of Mr. Scott D. Kearney as Commission District 3 representative on the Board of Adjustment. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 4, 2013 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Re-appointment of Subcontractor Representative to Code Enforcement Board DEPARTMENT: Growth Management BCC DISTRICT: All STATEMENT OF ISSUE: The term of the subcontractor representative on the Code Enforcement Board is nearing its end and needs to be renewed. BACKGROUND: Section 11.03.00 of the Okaloosa County Land Development Code, Ordinance 91-1, as amended (excerpted below) provides for the appointment of representatives to the code enforcement board which assists the County with enforcing the provisions of the Land Development Code and other related regulations to include possible disciplinary actions. Ms. Caralee Gibson, a subcontractor, has agreed to serve another three (3) year term on the Code Enforcement Board. 11.03.00. Code Enforcement Board. Pursuant to Chapter 162, Florida Statutes, there is hereby created a Code Enforcement Board of Okaloosa County, Florida, which shall consist of seven (7) members appointed by the Board of County Commissioners. All members shall be residents of Okaloosa County and shall serve without compensation. The Board may also designate a special master to perform the functions of the Code Enforcement Board on a case by case basis. A. The membership of the Code Enforcement Board shall be made on the basis of experience or interest in the subject matters of the ordinances to be enforced and shall, whenever possible, include: 1. An architect; 2. A businessman; 3. An engineer; 4. A general contractor; 5. A subcontractor; 6. A Realtor; and 7. A citizen. Each term shall be for a period of three (3) years and members shall continue to serve until the vacancy is filled. A member may be reappointed by the Board of County Commissioners for successive terms. OPTIONS: Approve or not approve the re-appointment of Caralee Gibson. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the re-appointment of Caralee Gibson to the Code Enforcement Board. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 4, 2013 TO: Honorable Chairman and Members of the Board FROM: Surety Land Title, LLC SUBJECT: Okaloosa Island Leasehold Conversion Request Documents submitted by Surety Land Title of Florida, LLC for an Okaloosa Island Leasehold Conversion are attached. Surety Land Title of Florida, LLC 4100 S Ferdon Blvd, B3 Crestview, FL 32536 850-423-4613 office 850-423-0542 fax Ernie Padgett County Administrator Okaloosa County, Florida Re: Leasehold/Fee Simple Conversion Surety Land Title of Florida, LLC would like to request time on the agenda of the June 4, 2013 meeting of the Board of County Commissioners for the Board’s consideration of a Resolution directing Surety Land Title of Florida to prepare a Quitclaim Deed for the accepted bidders of particular properties referenced therein. Once approved, a Quitclaim Deed for the accepted bidders for the particular property will be sent to the Board Chairman’s office for his signature. Please let us know if you have any questions or need further information. Thank you for your consideration.  OKALOOSA ISLAND LEASEHOLD CONVERSION RESOLUTION NO. _____________ WHEREAS, the person(s) named in “Schedule A” is/are the leaseholder(s) of record who has/have submitted the successful highest bid for the County’s Resolution Reversionary Interest in the parcel(s) described therein set immediately below such Bidder’s name(s); NOW THEREFORE, the County’s Contractor, Surety Land Title of Florida, LLC is directed to prepare a quit claim deed, in previously authorized format, conveying the County’s Reversionary Interest to the successful bidder(s) for the signature of the Chairman of the Okaloosa County Board of County Commissioners, and; Surety Land Title of Florida, LLC is further directed to complete the closing of the conveyance transaction by quitclaim deed to the successful bidder(s). THIS RESOLUTION was unanimously approved by the Okaloosa County Board of County Commissioners on ________________________, 2013. (OFFICIAL SEAL) OKALOOSA COUNTY BOARD OF COUNTY COMMISSIONERS ATTEST:____________________ By: ______________________________ Don R. Amunds, Chairman Clerk or Deputy Clerk Of Circuit Court  “Schedule A” to Resolution No. _______ Condominium Parcel Apartment No. 112A of Jetty East, Unit 1, a Condominium, according to the Declaration of Condominium thereof recorded in Official Records Book 826, Page 878, of the Public Records of Okaloosa County, Florida, on the 19th day of December, A.D. 1975, together with all of its appurtenances according to said Declaration.  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 4, 2013 TO: Honorable Chairman and Members of the Board FROM: SURETY Land Title, LLC SUBJECT: Corrective Quit Claim Deed for Leasehold Conversion Documents submitted by Surety Land Title of Florida, LLC for approval of a Corrective Quit Claim Deed are attached.  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 4, 2013 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Gas Tax Resolution DEPARTMENT: Public Works BCC DISTRICT: All STATEMENT OF ISSUE: A resolution to support the distribution of the first six cents of local option gas taxes between the County and the County’s nine incorporated municipalities as determined by each entity’s transportation related expenditures for the preceding five fiscal years. BACKGROUND: During the May 21st BCC meeting, staff presented to the Board a draft interlocal agreement for the distribution of the first six cents of local option gas taxes between the County and the nine incorporated municipalities. The interlocal agreement would have extended the existing funding split with the municipalities through the 2014 calendar year with a provision to recalculate the funding distribution during that timeframe. This action is required since the current 10-year interlocal agreement with the municipalities is set to expire this year. The funding split with the municipalities is currently based on a 60%/40% formula, with 60% of the collected revenues allocated to the County and the balance, 40%, split among the nine municipalities. When the funding distribution was last calculated in 2003, the actual distribution should have been 67% County and 33% split among the municipalities. However, the Board elected to honor an appeal from the Cities for a 60%/40% split, which is the same agreement currently in place today. During Board discussion on this item at the last BCC meeting, no action was taken to extend the existing interlocal agreement through the 2014 calendar year. Instead, the Board directed staff to draft a Resolution declaring its intent to recalculate the funding distribution for the first six cents of local option gas tax in accordance with the provisions of Chapter 336.025 F.S. and certify this recalculation with the Department of Revenue by October 1st of this year. The attached Resolution was drafted by the County’s legal counsel to satisfy this requirement. OPTIONS: Approve/Disapprove a Resolution in support of recalculating the funding distribution for the first six cents of local option gas taxes between the County and the County’s nine incorporated municipalities. RECOMMENDATIONS: Staff requests Board approval of a Resolution in support of recalculating the funding distribution for the first six cents of local option gas taxes between the County and the County’s nine incorporated municipalities. RECOMMENDED BY: APPROVED BY: