Okaloosa County BOCC — September 2, 2014 — July15,2014 RegMeeting — reading text

on the Okaloosa County Future Land Use Map and will include the approximate 209.8 acres depicted and described in Ordinance 14-06. All developments within the Mid-Bay RAC shall be consistent with the underlying Future Land Use Map and zoning designa- tions and subject to the provisions of Chapter 380.06(2)(e), F.S., Rule 28.24-014, F.A.C., and Policy 10.19 of the Future Land Use Element of the Okaloosa County Comprehensive Plan. July 15, 2014 -6- Minute Book 71, Page 148 Okaloosa County Board of County Commissioners Mr. Kampert stated a copy of the proposed ordinance is in the agenda packet. He also reported no objections have been approved. The Planning Commission voted unanimously to recommend approval at its April 10, 2014 public hearing. Mr. Windes opened the floor for comment. Hearing none, Mr. Amunds made motion, seconded by Mr. Harris, to adopt an ordinance approving the text change as advertised. 5 yeas. ORDINANCE NO. 14-07 PUBLIC HEARING - REQUEST FROM STEPHEN ROSE TO VACATE PORTION OF BULLOCK BOULEVARD IN NICEVILLE (9:00 a.m.) Mr. Stanford read the advertised legal notice for public hearing to consider the request of Stephen Rose, Okaloosa Walton Development Company, to vacate a portion of Bullock Boulevard in Niceville. Mr. John Hofstad, Public Works Director, stated Mr. Rose owns the property located at the south end of the Bullock Boulevard spur and his desire is to vacate this right-of-way and transform it into a private access to his future development. He advised this particular right-of-way has no through fare and is of no value to the county, adding staff supports the request for vacation. However, he reported that late yesterday afternoon the applicant emailed him and has requested this hearing be tabled until time certain on August 19. Mr. Hofstad explained the applicant said he did not receive one of his documents in time for today’s hearing. The consensus of the Board was to continue the public hearing as requested but because it has been advertised, public comments will be accepted. Mrs. Deborah Patterson, Bullock Boulevard, stated this piece of roadway was dedicated to the county more than forty years ago by Mrs. Reba Boone. She said it was clear it was to be used for/by the residents, advising it is now a park-like property. Mrs, Patterson stated her family has used it for years, saying that it where she taught her grandchildren to ride bicycles and trained her puppy. She referred to some type of agreement being signed and commented their tax dollars have maintained this piece of road. Mrs. Patterson was upset the roadway could be taken away and called Mr. Rose's claims that the property is landlocked as “deceitful.” July 15, 2014 -7- Minute Book 71, Page 149 Okaloosa County Board of County Commissioners Mrs. Linda Boone identified herself as the daughter-in-law of the person who deeded the property to the county. She said Mr. Rose has asked the neighbors who will receive part of the vacated right-of-way to quitclaim it back to him and questioned the legality of such a proposal. Mr. Parisot explained that when right-of-way is vacated, the property is split between adjacent property owners. He was of the opinion if they then wanted to sell it, it would be legal. Mrs. Boone stated this portion of road is used by the mail trucks and garbage trucks to provide services to the residents. She asked the commissioners to please drive out to the neighborhood and look around before taking a vote. Mrs. Nancy Bailey, Bullock Boulevard, stated they have friends that cannot come to see them because there is no room to turn around because the spur is only 18 to 21 feet wide. Mrs. Sherri Huffmaster, Bullock Boulevard, expressed her concerns about safety, pointing to the narrow roadway which contains a sharp curve. Mr. Joe Tanet, Bullock Boulevard, said he is not opposed to the proposed development but questioned use of this spur for the entry to the development when Mr. Rose’s property already has access on Palm Boulevard. He said Mr. Rose tried this before but it was denied “because of a procedural thing.” Mr. Tanet continued sharing his concerns, saying there is a telephone pole 53 inches from the street and the platted property line is 17 inches from the road. Mr, Windes closed the public comment portion of the hearing. Mr. Amunds made motion, seconded by Mr. Boyles, to table this public hearing until August 19 at 6:30 p.m. Upon inquiry by Mr. Boyles, Mr. Hofstad stated the alignment of the road is outside the boundary of what was deeded to the county and verified that the developer could take the unimproved right-of-way and develop it. Upon inquiry by Mr. Parisot, Mr. Hofstad explained the road might have shifted over time. A brief discussion ensued on what Mr. Rose could and could not do with the vacated right-of-way. 5 yeas. July 15, 2014 -8- Minute Book 71, Page 159 Okaloosa County Board of County Commissioners PUBLIC HEARING - SHALIMAR GOLF CART ORDINANCE (9:00 A.M.) Mr. Stanford reported the Clerk's Office has not received the affidavit for the legal advertisement. Mr. Hofstad stated this request for public hearing was brought at the last meeting (July 1) but they failed to advertise it in a timely manner. He asked for this public hearing be placed on the August 19 agenda. Mr. Boyles made motion, seconded by Mr. Parisot, to approve the department head’s request to schedule the hearing for August 19. 5 yeas. PUBLIC HEARING - AMENDING TOURIST DEVELOPMENT PLAN (9:00 A.M.) Mr. Stanford read the advertised legal notice for public hearing to consider amending the Tourist Development Plan and use of Tourist Development Tax for funding aquariums and museums within the subcounty taxing district. Mr. Ed Schroeder, Tourist Development Department (TDD) Director, Stated that from time-to-time the State Amends Chapter 125, Florida Statutes, on the permissible uses of tourist taxes. He said such an amendment was made in 2012, and brought into the Statutes in 2013 to include aquariums and museums. Mr. Schroeder stated the county’s Tourist Development Plan Ordinance does not currently include this language and that is the reason for the public hearing. Mr. Boyles asked if that is the only changes in the proposed ordinance. Mr. Schroeder stated he believes the new language is word-for-word from the Statutes. No one came forward to speak in favor of or in opposition to this proposed amendment. Mr. Parisot stated this will apply only to non-profits and not commercial operations. Mr. Schroeder replied, “That is correct.” It was clarified the two eligible entities are the Indian Temple Mound Museum and the Destin Fishing Museum. Mr. Amunds made motion, seconded by Mr. Parisot, to adopt the ordinance as presented. 5 yeas. ORDINANCE NO. 14-08 July 15, 2014 -9- Minute Book 71, Page 151 Okaloosa County Board of County Commissioners PUBLIC HEARING - CONSIDERATION TO DISCONTINUE FIXED ROUTE TRANSIT SERVICE (9:00 A.M.) Mr. Stanford read the advertised legal notice for public hearing to consider discontinuance of Transit Routes 1, 2, 3, 4, 5, 14, 20, 30, 32, and 33. Mr. Elliot Kampert, Growth Management Director, stated during the last three budget cycles, the Board has advised the municipalities it will need assistance in order to continue to fund the transit program. Route 33, serving the Destin area, is currently funded through financial contributions from the City of Destin. During this fiscal year, two routes in Crestview (Routes 11 and 12) have been discontinued due to lack of funds. For Fiscal Year 2015, more than $1 Million will be needed for fixed routes. Mr. Kampert stated the county has received no commitment from any municipality to assist with transit funding and on July i, 2014, the Board approved advertising a public hearing to discuss possible discontinuance of all fixed transit routes. This public hearing is required by the county’s adopted Public Transit Fare and Route Modifications Policy which states the county must set a hearing sixty days prior to any changes taking effect. Since inception of the fixed route system, Okaloosa County Transit (OCT) has worked to move riders from paratransit onto the fixed route system. According to OCT records, there are an estimated 45,000 trips annually which qualify for the Transportation Disadvantaged Program which are riding the fixed routes. If the fixed routes are eliminated, many of those riders will probably resort back to paratransit. Mr. Kampert stated if there is a significant demand for paratransit service, the existing funding level for that program may not be sufficient. Mr. Kampert next provided a detailed explanation of public transportation funding by matching federal, state, and local dollars. An attachment to the department agenda request, showed available grant funds for FY 2015 transit funding and the deficit. The total amount of grant funds available is $1,657,558. Operating costs for the OCT budget is $2,778,033 which leaves a $804,700 deficit. Mr. Kampert then explained how other grant funds could be used for matching funds and could decrease the amount left to fund. duly 15, 2014 -10- Minute Book 71, Page 152 Okaloosa County Board of County Commissioners Mr. Bob Bucksdresser, Program Manager for OCT, stated he used his first few months on the job to review the figures. He pointed out there is some uncertainty with regard to Medicaid. Mr. Bucksdresser stated the cost analysis provided by Mr. Kampert is based on projected revenue. He said the additional funds needed to operate public transit are $255,000. Mr. Amunds commented he understands moving funds around but to get down to the nitty gritty, the county could keep all routes running for one more year for $260,000 in General Fund contributions. He asked for confirmation that this is a correction assumption. Mr. Kampert replied $255,000 but round up to $260,000 if projections are low. Upon inguiry by Mr. Boyles, Mr. Kampert stated the allocation last year was $315,277. He said there is new leadership at OCT and the Board may want to give him a moment to speak. Mr. Bucksdresser produced a thumb drive. Mr. Harris noted allowing use of this thumb drive would be an exception to policy. Mr. Parisot asked how many times the Board and staff have requested that any information to be discussed be provided in advance and be made part of the agenda packet. He stated this is too much information to be digested. Mr. Parisot said he is tired of not getting information in advance to study and being prepared to ask questions. He added more attention should be paid to making charts readable when they are projected onto the screens. Mr. Boyles asked Mr. Bucksdresser to come forward and say a few words. He said Mr. Bucksdresser is new here and doesn’t know the policy. Mr. Boyles suggested the policy be waived for his presentation. Mr. Bucksdresser stated the thumb drive is a video and he can speak without using it for support. He reported he has been on the job for three months. Mr. Bucksdresser said OCT is a non- profit organization which contracts with the county to provide fixed route and paratransit services. He briefly addressed the funds needed to operate both programs and explained the use of grant funds to reduce the cost to $255,000 left to be funded. Mr. Buckdresser felt leadership makes a difference and said the county would be getting a 7 to 1 return on its contribution. At this point he provided a detailed explanation of costs and numbers of trips. He also asked for the Board to consider a funding level for the next three years. July 15, 2014 -11- Minute Book 71, Page 153 Okaloosa County Board of County Commissioners Mr. Boyles responded that he cannot support a three-year commitment because of the uncertainty of the budget. He said this is a complex issue and referenced the “accounting wizardry” which has gone on. Mr. Boyles noted representatives from the Cities of Niceville and Fort Walton Beach are present.