Okaloosa County BOCC — November 4, 2014 — 9-16-14 — reading text

September 16, 2014 Tuesday Meeting The regular Tuesday meeting of the Okaloosa County Board of County Commissioners was called to order at 8:30 a.m. at the Water & Sewer Administration Building in Fort Walton Beach. Members present were Charles K. Windes, Jr., Chairman; Nathan Boyles, Vice Chairman; Wayne Harris; Dave Parisot; and Don Amunds. Also present were Gary J. Stanford, Finance Director, Clerk's Office; Ernie Padgett, County Administrator; Greg Stewart, Acting County Attorney; and representatives of the media. PRESENTATION - EMPLOYEE SERVICE AWARD Mr. Padgett presented Gabby Arceo with a service award for 15 years of service to Okaloosa County. COUNTY ADMINISTRATOR’ S UPDATE Mr. Padgett stated he has nothing at this time. COUNTY COMMISSIONER'S MINUTE Mr. Harris and Mr. Amunds had no comments. Mr. Boyles thanked everyone in attendance for the meeting this morning. He referred to a news article regarding Beasley Park and stated if there are no objections he would like to work with staff on a plaque detailing the history of the park and bring this item back to the Board at a future date. There were no objections. Mr. Parisot reported the Gulf Consortium meeting will be held tomorrow morning at SanDestin. PUBLIC COMMENTS RELATING TO THE CURRENT AGENDA Mrs. Rebecca Sherry, Okaloosa Island came forward to voice opposition to an option of a Wright Parkway Extension for replacement of the Brooks Bridge. She read a _ resolution approved by the Condo Alliance of Okaloosa Island and the Boards of Directors of 19 condominiums. Mrs. Sherry asked the Board to vote against the option. September 16, 2014 -1- Minute Book 71, Page 258 Okaloosa County Board of County Commissioners Mr. David Sherry, Okaloosa Island, said the Fort Walton Beach Chamber is requesting a redundant $3 Million study for a second bridge. He asked the Board if they favored “wasting” $3 Million on such a study and asked the commissioners to vote against it. Mr. Rick Bradford, Cardinal Avenue, Okaloosa Island, stated the 2009 growth management plan reported a daily traffic count across Brooks Bridge of 44,500 vehicles. He said he believes that count is higher and likely to increase. Mr. Bradford noted that Okaloosa Island was designed as a residential community and asked how many traffic signals would have to be installed to manage traffic on Highway 98. It was his opinion the bridge should be left where it is and did not believe commercial interests should prevail over the community. Fort Walton Beach Mayor Mike Anderson stated former Destin Mayor Sam Seevers said “you should keep an open mind.” He stated the City of Fort Walton Beach has kept an open mind and supports the process with Florida Department of Transportation (FDOT) telling the county what should be done with regard to Brooks Bridge. Mayor Anderson said the City supports the Fort Walton Beach Chamber's request for FDOT to determine the best routes for our area. Mr. Dave Hubbell, El Matador, stated he is a retired bridge engineer. It was his opinion FDOT will use county money to repair the bridge. He encouraged everyone to contact FDOT. Mr. Parisot responded by saying at the last Okaloosa Walton Transportation Planning Organization (TPO) meeting he addressed that issue with FDOT representatives. He said the repairs are necessary to extend the life of the bridge until a replacement bridge can be constructed. Mr. Tim Sullivan, Abalone Court, Okaloosa Island, stated he opposes construction of the Wright Bridge because it will ruin the quality of life on the Island. He advised that he is a member of the Northwest Florida Track Club and if this route is permitted, the Club will no longer be able to help local charities by having 5-K races on Santa Rosa Boulevard. Mr. Sullivan said it may be necessary to move the races to 30-A in Walton County. Representative Matt Gaetz came forward to speak on the agenda item for designation of a public meeting on September 30, 2014 at the Niceville City Hall. He said he has grown weary of the September 16, 2014 -2- Minute Book 71, Page 259 Okaloosa County Board of County Commissioners conflict between the Legislative Delegation and the Board. Representative Gaetz said Commissioner Boyles presented an olive branch in an effort to move forward, adding that he believes more can be done by working together. He invited the commissioners to join him in the “Okaloosa Accountability Initiative” whereby the citizens will help set the priorities and hold elected officials accountable. Representative Gaetz stated they may disagree about tactics but should agree on priorities. He thanked Mr. Boyles for taking this first step. He concluded by saying the Board can count on him to be its advocate and on letting the public give him his marching orders. NEW BUSINESS - AUTHORIZATION FOR PUBLIC MEETING Representative Gaetz sent a letter to all Okaloosa elected officials, dated September 10, 2014, enlisting their participation in the Okaloosa Accountability Initiative with the first town hall meeting scheduled for September 30. Mr. Boyles stated he requested this item be placed on the agenda. He said the Board could designate an individual to attend the meeting or could set it as a public meeting. Mr. Boyles stated he would be happy to attend as the Board’s representative. Mr. Parisot stated he is an elected official and plans to attend. Mr. Amunds recommended it be advertised as a public meeting and the Clerk’s Office be requested to attend to take the minutes. Mr. Boyles made motion, seconded by Mr. Amunds, to advertise a special called public meeting on September 30, 2014 at the Niceville City Hall beginning at 5:30 p.m. 5 yeas. WATER & SEWER SYSTEM - PURCHASE OF MIRACLE STRIP LODGE PROPERTY ON ODDFELLOW ROAD Mr. Jeff Littrell, Water & Sewer System, requested authorization to purchase the property at the northeast corner of the Lewis Turner Boulevard and Oddfellow Road intersection. This property is known as the Miracle Strip Lodge, Independent Order of Odd Fellows (IOOF) of Florida and identified by Parcel ID #35-1S-24- 0000-0031-0000. The value of the property was appraised at $230,000. Mr. Littrell stated both parties have agreed to the appraised value as the purchase price. September 16, 2014 -3- Minute Book 71, Page 260 Okaloosa County Board of County Commissioners Additionally, staff is requesting authorization to adjust the rental payments which were made from February 2014 through closing from $241.67 to $300 per month. Mr. Littrell requested approval for the County Attorney to prepare the required purchase documents, proceed with the purchase of the subject property and the Chairman be authorized to execute all necessary documentation for the closing. He reiterated the request to amend the rental terms as outlined above. (NOTE: OCWS has rented the subject property since 1994 for use as a parking lot.) Upon inquiry by Mr. Parisot, Mr. Stewart stated one appraisal is sufficient. Mr. Parisot questioned the need to purchase the property when several offices will be relocated from the Water & Sewer Administration Building to the new Shalimar Administration Building. Mr. Boyles made motion, seconded by Mr. Harris, to approve the purchase of the property at the appraised value, to instruct the County Attorney to prepare the required documents and to approve the adjusted rent payment from February 2014 until closing. 4 yeas, lo nay. (Mr. Parisot voted no.) Mr. Stewart stated he will work with Mr. Stanford on the purchase of the property and requested the Board designate either the Chairman or department head to sign the closing documents. Mr. Amunds made motion, seconded by Mr. Boyles, to designate the Chairman to execute the necessary closing documents. 5 yeas. WATER & SEWER - SUPPLEMENTAL RECLAIMED WATER TO NICEVILLE AND EGLIN AFB, NORTHWEST FLORIDA WATER MANAGEMENT DISTRICT GRANT APPLICATION AND MEMORANDUM OF AGREEMENT Mr. Littrell requested Board authorization to submit a grant application to the Northwest Florida Water Management District (District) for the design of a supplemental reclaimed water project which would transmit reclaimed water from the Arbennie Pritchett Water Reclamation Facility (WRF) to the City of Niceville service area and, potentially, Eglin Air Force Base (AFB) . This grant program is part of the District’s Water Supply Development Initiative, noting the grant application is submitted online. Mr. Littrell also asked for authorization for the Chairman to execute a Memorandum of Agreement (MOA) with the City of Niceville and Eglin AFB relative to this project. He September 16, 2014 -4- Minute Book 71, Page 261 Okaloosa County Board of County Commissioners stated the plan is for the MOA to be executed by all three parties on October 1 at the Final Leadership Meeting. Mr. Amunds made motion, seconded by Mr. Boyles, to approve submission of the grant application and execution of the MOA. Mr. Parisot posed a number of questions. Mr. Boyles called for the vote. 4 yeas, 1 nay. (Mr. Parisot voted no.) PUBLIC HEARING - REQUEST FROM JERALD ANDREWS AND DAVID LOCHT, JR., TO AMEND FLUM AND REZONE PARCEL AT DAVID AND SCRANTON STREETS, FWB Mr. Stanford read the advertised legal notice for public hearing to consider the request submitted by Choctaw Engineering as agent for Jerald Andrews and David Locht, Jr., to amend the Future Land Use Map (FLUM) designation from Mixed Use (MU) to Medium Density Residential (MDR) or a more restrictive designation for 1.24 acres located at the corner of David and Scranton Streets in Fort Walton Beach. Further, if the FLUM is changed, the petitioners request the subject parcel be rezoned from Mixed Use (MU) to Residential-2 (R-2) or a more restrictive zoning district. Mr. Stewart pointed out this is a quasi-judicial proceeding and anyone desiring to speak should now stand and be sworn in. He also asked for the commissioners to disclose any conversations they may have had regarding the subject hearing. The commissioners did not indicate they had telephone or email contact on this item. Mr. Elliot Kampert, Growth Management Director, stated the developers would like to develop a townhouse subdivision at a proposed density of 16 units per acre. The current MU designation would not allow the requested density. The Planning Commission voted unanimously to recommend approval of the request at its August 14, 2014 public hearing. Mr. Kampert stated the military representative had no comment and staff has no objection. Mr. Mark Siner, agent for applicants, stated MU allows for both commercial and residential development. He said his clients did not want to go through the public hearing process but it became necessary because of the way the county code is written. For parcels less than two acres, the density goes down to ten per acre and does not address maximum density. September 16, 2014 -5- Minute Book 71, Page 262 Okaloosa County Board of County Commissioners Mr. Parisot recommended staff look into this issue and return with a recommendation at a future meeting. Mr. Parisot made motion, seconded by Mr. Boyles, to amend the FLUM designation and rezone the subject parcel as advertised. 5 yeas. ORDINANCE NO. 14-12 (FLUM) ORDINANCE NO. 14-13 (Rezone) PUBLIC HEARING ~ AMENDING CHAPTER 2 OF ORDINANCE NO. 91-01, ACCESSORY USES AND STRUCTURES, SUBSECTION LIVESTOCK, POULTRY, BEEKEEPING (2%? HEARING) Mr. Stanford read the advertised legal notice for public hearing to consider an ordinance amending Chapter 2, Section 2.2100 “Accessory Uses and Structures,” Subsection 10 “Livestock; Poultry; Beekeeping.” He noted this is the second hearing. Mr. Kampert stated the first hearing on this issue was held on September 2. He advised the Florida Legislature amended the Statutes which now pre-empts local legislation regarding beekeepers. Mr. Kampert said the regulation of beekeeping belongs to the Department of Agriculture. He stated there have been no