Okaloosa County BOCC — May 21, 2013 (meeting #1140) — reading text

through 2014. May 21, 2013 -16- Minute Book 69, Page 141 Okaloosa County Board of County Commissioners Mr. Amunds said the proposal is to keep it as it is until new numbers are submitted. Mr. Dowd responded, “No, that is not what you are doing.” He explained the recommendation is to extend the current interlocal agreements for a 60/40 split for another calendar year—January 1 through December 31, 2014. Mr. Dowd said there would be no recalculations until next year. He stated if the interlocals are not extended, the Board will have until October 1 to provide the transportation expenditures for the prior five years and to recalculate the formula for disbursement. Mr. Parisot interjected that is not what the interlocal agreement says, pointing out it says through 2014 or until there is a recalculation. Mr. Amunds said if the recalculations are made prior to then, it will become effective January 1, 2014. Mr. Hofstad responded by saying if the information can be supplied to DOR by October 1 that is possible but if we do not have the data, we will carry the current formula for distribution through 2014. Mr. Boyles said the only reason not to have the necessary information is if the cities do not provide it. He recommended submitting a public records request for the data to obtain it in a reasonable timeframe. Mr. Boyles commented that the “water was cool” when the cities were approached about increase in the gas tax but they still wanted the disproportionate share of the revenues. He questioned the cities not wanting to pull their political weight on this issue in order to supplement their infrastructure needs. Mr. Hofstad asked if the language gives the county this latitude. Mr. Dowd replied that if we recalculate this year, then we probably don’t need to extend the interlocal agreements. Mr. Parisot asked what will happen if the interlocals are not extended before the end of the month. Mr. Dowd’s answer was DOR will continue with the existing interlocal agreements through this year. Mr. Stanford confirmed the interlocal agreements will stay in place until changed. Mr. Dowd advised the Board it needs to adopt a resolution stating the Board intends to continue collection of gas taxes. Mr. Parisot made motion to extend the interlocal agreements and for the county to have the latitude to re-work the formula when the data is submitted. Motion dies for lack of a second. May 21, 2013 -17- Minute Book 69, Page 142 Okaloosa County Board of County Commissioners Mr. Boyles said he believes the Board does not have to take any action. Mr. Dowd stated a resolution will be brought to the Board for consideration at the first meeting in June. Upon inquiry by Mr. Amunds, Mr. Dowd said it would be appropriate for the county to request the cities submit their transportation-related expenditures but pointed out that was done by previous correspondence. Mr. Amunds stated it will not be necessary to do it again and advised no action will be taken on this agenda item. Continuing, Mr. Amunds said he believes this portion of the meeting will be watched and the city representatives will go back to their City Councils to discuss it. There was a brief discussion on the definition of “in a timely manner.” Mr. Boyles said the Board can readdress the subject in June. PUBLIC WORKS - RESOLUTION OF ENCROACHMENTS ON COUNTY PROPERTY AT CHOCTAWMAR PARK - Mr. Hofstad stated during a review of county-owned properties last year, it was determined two residential parcels had improvements which potentially encroached on county property identified as Choctawmar Park. The county's Engineering and Survey Division conducted a field inspection and verified the encroachments. The encroachments include boardwalks and a deck. Mr. Hofstad stated last year the Board adopted an encroachment policy. Letters were sent to the two property owners with encroachments in Choctawmar Park and they were asked for recommendations on resolving the problem. Mr. Hofstad noted both property owners are present (David Simpson of 111 Meigs Drive and Carol Butler of 113 Meigs Drive). He said they are requesting a waiver for a perpetual easement. Mr. Hofstad pointed out the Board could direct the property owners to remove the encroachments. He underscored the fact this is a test case of the policy. Mr. Dowd stated there is a third option: give temporary permission to the property owners to continue until the issue is addressed by the Board. Mr. Harris said a fourth option is to sell it to these property owners. Mr. Dowd responded that anyone in that subdivision could claim ownership and Mr. Simpson and Ms. Butler could not receive a title. Mr. Parisot repeated Mr. Hofstad’s earlier statement about this being a test case. He said there is another encroachment at May 21, 2013 -18- Minute Book 69, Page 143 Okaloosa County Board of County Commissioners Eldridge Park, noting that a letter regarding the encroachment has been sent to the property owners. Mr. Parisot stated in this instance, there is a concrete slab with a mobile home parked on it inside the park boundaries. He stressed that if you don’t enforce the policy on these, you can’t enforce it on others. Mr. Parisot felt the encroachments should be removed. At the opening of this subject, Mr. Hofstad reported money has been set aside for improvements to Choctawmar Park. Mr. Amunds asked if money has been set aside for a master plan for this park. Mr. Hofstad again confirmed money is allocated for this park. Mr. Amunds went to the screen and suggested the property owners run their docks parallel to the bank and lot lines and allow a “L” out in the water. Mr. Hofstad asked for clarification on whether Mr. Amunds was speaking about the docks, wall, stairwells, or decks. Mr. Amunds said he is suggesting an extension of the improvements and a partnership. Mr. Hofstad replied that he doesn’t know if that is agreeable to the two property owners as an option versus removing the encroachments. He also asked how to accommodate Mr. Amunds’ proposal. Mr. Harris pointed out there would still be encroachments on the county-owned property and asked about charging these property owners a lease fee. Mr. Amunds pointed out the encroachments are dead center of the park and he is trying to move them to the left or right. Mr. Boyles pointed out there is an elevation problem. He also questioned whether the county could successfully litigate this issue. He spoke in support of allowing the encroachments to continue through an easement. Mr. Boyles added this is not his district but believes the intent of the developer was for this to be a local community park. He pointed out there is no access for vehicles. Mr. Parisot stated there is a chain across Meigs Road which prevents access to the park. He felt if there is room for improved access and parking, it should be done. A question arose about adequate access and Mr. Hofstad responded there are several other parks which do not have adequate access or parking. A lengthy discussion ensued. Mr. Parisot pointed out the photographs being used are outdated and that is not what the area looks like today. Mr. Hofstad said he believes the Board May 21, 2013 -19- Minute Book 69, Page 144 Okaloosa County Board of County Commissioners is asking him to sit down with the property owners and come back with a structured settlement. He stated he needs guidance from the Board. Mr. Parisot referred to three case studies which indicate the county would prevail in a lawsuit. Mr. Dowd stated he does not think the property owners have acquired prescriptive rights where they have put their encroachments. He said if the county issued building permits, then we have estoppel. Mr. Dowd repeated that he does not believe these property owners have ownership interests in the park property and they cannot get a title to it. Mr. Parisot stated that allowing these encroachments to remain will set a precedent. Mr. Amunds passed the gavel to the Vice Chairman and made motion, seconded by Mr. Windes, to table this item until June 18. Mr. Parisot asked Mr. Dowd to send copies of the previously mentioned cases to his fellow commissioners and the County Administrator. 5 yeas. Mr. Boyles commented that it is his understanding the Chairman can make the decision to table an item. Mr. Dowd responded the Chairman does have that authority but if the Board objects, the other commissioners can overrule the Chairman’s decision. PUBLIC WORKS - AMENDMENT NO. 1 TO ENVIRONMENTAL QUALITY COMPANY CONTRACT Mr. Hofstad presented for consideration Amendment No. 1 to the contract with Environmental Quality Company (EQ). Mr. Parisot made motion, seconded by Mr. Harris, to approve the contract amendment. 5 yeas. PUBLIC WORKS ~ REQUEST FOR MOTOR GRADER ASSISTANCE FROM CITY OF FORT WALTON BEACH Mr. Hofstad stated the City of Fort Walton Beach has requested assistance from the county for a small grader and operator for leveling of a parking area and adjacent baseball diamonds at Ferry Park. Mr. Parisot made motion, seconded by Mr. Boyles, to approve support of the city’s request by the Public Works Department. 5 yeas. May 21, 2013 -20- Minute Book 69, Page 145 Okaloosa County Board of County Commissioners UPDATE ON MARLER PARK BOAT TRAILER PARKING PROJECT Mr. Amunds requested an update on the boat trailer parking project at Marler Park. Mr. Hofstad stated they did meet with permitting hurdles with the FDEP and the Corps of Engineers but those have been resolved. He said it is set to go on the street (advertise for bids) today. Mr. Hofstad added there is a possibility some TDD funds could supplement this project. That issue will be considered by the Tourist Development Council. CRESTVIEW COURTHOUSE TASK FORCE UPDATE Mr. Boyles reported the Task Force believes the Clerk's Recording function should remain in the Courthouse. FACILITIES MAINTENANCE - CONSIDERATION OF AN ASBESTOS POLICY Mr. Don Turner, Facilities Maintenance Director, stated the subject of asbestos abatement has come up several times over the years. As a result, Mr. Turner prepared an Asbestos Policy for Board consideration. The proposed policy centralizes the clearing point through which all building modification projects must be filtered to ensure proper procedures are followed. Upon inquiry by Mr. Harris about what brought this about, Mr. Turner replied it was an issue with the Health Department and who owned it. Upon inquiry by Mr. Amunds, Mr. Turner stated he must be notified if there is any work to be performed on a county-owned building. Mr. Harris made motion, seconded by Mr. Parisot, to approve the proposed Asbestos Policy. Mr. Boyles questioned the necessity for a full asbestos survey for minor projects. Mr. Turner responded that if there is a chance of asbestos being present, a survey must be done but abatement may not be needed. He Clarified by saying there must be a survey on every project. Upon further inquiry by Mr. Boyles, Mr. Turner said there is no one on staff qualified to conduct the surveys. Mr. Boyles expressed his concern for the potential costs of this “possible benign policy” and remarked that asbestos is everywhere. Continuing, he said he wants to find out if there is a way to get someone on staff trained rather than outsourcing this work. Mr. Turner's response was there could be a problem with the chain of custody, saying the testing lab may not accept the sample from a county employee. Mr. Boyles said as it stands if someone changes an air filter or drills into a wall, they would May 21, 2013 -21- Minute Book 69, Page 146 Okaloosa County Board of County Commissioners have to get an inspection. He recommended this item be tabled until Mr. Turner can look into it further. Mr. Turner stated he spent $12,000 on testing all three floors of the Crestview Courthouse. Mr. Boyles said perhaps this should be considered in concert with the budget process. He stated the Board may want to consider letting a