Okaloosa County BOCC — August 19, 2014 — reading text

Produced by: Okaloosa County GIS for appr aisal purposes only. It is not intended for conveyanc es, nor is it a survey. August 2012 Pr oject: \\gissv2\G ISpro je cts\ma pdoc s\TDC\De stinMSBU11x 17 Amen d8-1-2012.mxd, PDF: \\g issv2\GISp rojects\PDF docs\TDC\CDestin MSBU11x17 Ame nd8-1-2012.PDF, Scale: not to scale, Page Size: 11hx17w , MSBU Revised; 9/1/2012, By: K.Steele Packet Pg. 34  APPENDIX C FORM OF CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL Packet Pg. 35  CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL I HEREBY CERTIFY that, I am the County Administrator of Okaloosa County, Florida, or an authorized agent of Okaloosa County, Florida (the "County"); as such I have satisfied myself that all property included or includable on the non-ad valorem assessment roll for beach restoration within the Okaloosa County Beach Restoration Project Municipal Services Benefit Unit (the "Non-Ad Valorem Assessment Roll") for the County is properly assessed so far as I have been able to ascertain; and that all required extensions on the above described roll to show the non-ad valorem assessments attributable to the property listed therein have been made pursuant to law. I FURTHER CERTIFY that, in accordance with the Uniform Assessment Collection Act, this certificate and the herein described Non-Ad Valorem Assessment Roll will be delivered to the Okaloosa County Tax Collector by , 2014. IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be delivered to the Okaloosa County Tax Collector and made part of the above described Non-Ad Valorem Assessment Roll this day of , 2014. OKALOOSA COUNTY, FLORIDA By: County Administrator [to be delivered to Tax Collector prior to September 15] Packet Pg. 36  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: August 19, 2014 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Shalimar Golf Cart Ordinance - Public Hearing DEPARTMENT: Public Works BCC DISTRICT: District 2 STATEMENT OF ISSUE: Staff is requesting that the BCC convene a Public Hearing on August 19, 2014 to hear arguments both for and against implementation of a new ordinance allowing the use of golf carts on County roads within the Lake Lorraine subdivision of Shalimar. BACKGROUND: Earlier this year, the District 2 Commissioner and County staff were approached by residents of the Lake Lorraine area of Shalimar inquiring about the use of golf carts on County roads in and around the Town of Shalimar. Many of the residents of the Lake Lorraine subdivision are retirees and/or patrons of the local Shalimar Pointe Country Club. Golf carts are a fixture in this area as a means of transportation for those that enjoy the golfing lifestyle. In addition, the Town of Shalimar authorizes the use of golf carts as a means of travel for those residents within their jurisdictional boundary. On May 13, 2014, the District 2 Commissioner, along with staff of Public Works, hosted a Town Hall meeting at the Shalimar Pointe Country Club to engage discussion regarding the use of golf carts on County maintained roads in the area. This meeting was well attended with over 50 area residents participating in the discussion. After an explanation from staff as to the requirements and general conditions for allowing golf cart use on County roads, the Commissioner called for a vote on the issue from those in attendance. The overwhelming majority of residents supported the initiative and asked that the County begin the implementation process. Only a small segment of those in attendance (<10%) did not support the proposal. With the support of the local community, staff began the process of crafting an ordinance which would allow the use of golf carts on County maintained roads in the Lake Lorraine area. The County’s legal counsel drafted the attached ordinance which establishes the requirements/restrictions for the safe operation of golf carts in the Lake Lorraine, Meigs Drive, and Dogwood Drive areas of unincorporated Shalimar. The proposed ordinance is similar to an ordinance previously adopted by the Board in January 2012 which authorized the use of golf carts on County Roads in the vicinity of Rocky Bayou Country Club in the Niceville area. In order to formally adopt the proposed ordinance, the BCC must first convene a Public Hearing to hear arguments both for and against implementation. This meeting was originally scheduled to convene on July 15, 2014 in Fort Walton Beach at, or shortly after, 9:00am. Unfortunately, specific statutory requirements for advertising the public hearing were not met and the meeting had to be rescheduled in order to meet these requirements. For this reason, staff recommended pushing the public hearing back to the August 19th meeting in Fort Walton Beach with a proposed start time of 6:30pm, or shortly thereafter. Packet Pg. 37 OPTIONS: Approve/Disapprove the ordinance. RECOMMENDATIONS: Staff requests that the Board of County Commissioners convene a Public Hearing for August 19, 2014, on or shortly after 6:30pm, to hear arguments both for and against implementation of a golf cart ordinance for the Lake Lorraine area of unincorporated Shalimar. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 38  ORDINANCE NO. 14-__ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA, CREATING A NEW SECTION 21-61, CHAPTER 21, ARTICLE III OF THE OKALOOSA COUNTY CODE OF ORDINANCES, AUTHORIZING THE USE OF GOLF CARTS WITHIN THE LAKE LORRAINE SUBDIVISION; MAKING FINDINGS; ESTABLISHING CERTAIN RESTRICTIONS FOR THE USE OF GOLF CARTS WITHIN THE LAKE LORRAINE SUBDIVISION; PROVIDING FOR CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. RECITALS: WHEREAS, section 316.212, Florida Statutes, authorizes counties to designate certain county roads for lawful operation of golf carts if the County first determines that golf carts may travel on or cross such county roads upon considering the speed, volume and character of the motor vehicle using those county roads; and WHEREAS, the Board of County Commissioners (the “Board”) has determined, after considering factors including speed, volume, and the character of motor vehicle traffic within the Lake Lorraine subdivision that golf carts may safely travel on or cross certain public roads and streets within the Lake Lorraine subdivision subject to the restrictions contained herein; and WHEREAS, section 316.212, Florida Statutes, provides that appropriate signs shall be posted to indicate that golf cart operation is allowed; and WHEREAS, the operation of golf carts upon county roads by persons not holding a valid driver’s license constitutes a threat to the health, safety and welfare of the public; and WHEREAS, the Board believes that regulations proposed in this Ordinance promote and enhance the health, safety and welfare of its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA: 1 Packet Pg. 39 SECTION 1. FINDINGS OF FACT. The above recitals are incorporated by reference into this Ordinance and such recitals are adopted as Findings of Fact. SECTION 2. CREATION OF SECTION 21-61 OF THE OKALOOSA COUNTY CODE OF ORDINANCES. The Board hereby creates a new section 21-61 of the Okaloosa County Code of Ordinances, to read as follows: Sec. 21-61. Use of golf carts within the Lake Lorraine subdivision, Meigs Drive and Dogwood Drive areas of unincorporated Shalimar. Golf carts may travel on county-maintained roads within the Lake Lorraine subdivision (East of 12th Avenue/12th Street and 4th Avenue) and Meigs Drive and Dogwood Drive areas in unincorporated Shalimar and with the following restrictions: (1) A golf cart is defined as a motor vehicle that is designed and manufactured for operation on a golf course for sporting or recreational purposes and that is not capable of exceeding speeds of 20 miles per hour. (2) A golf cart may be operated on county-maintained roads only between the hours of sunrise and sunset. (3) A golf cart may only be operated upon a residential roadway with a posted speed limit of 25 mph or less that is clearly posted for use by golf carts. (4) A golf cart may not be operated upon 12th Avenue, 12th Street, 4th Avenue, 8th Street, 3rd Street, 2nd Street, or Old Ferry Road north of Meigs Drive and signs shall be posted to notify drivers of this restriction. (5) The number of passengers shall be restricted to the number of seats on the golf cart. All passengers shall remain seated during operation of the golf cart. No person shall ride on the exterior of the golf cart. (6) Golf carts must be equipped with efficient brakes, reliable steering apparatus, safe tires, a rearview mirror, and red reflector warning devices both front and rear. (7) Golf cart operators must have a valid driver’s license and obey all traffic regulations applicable to motor vehicles. Golf carts may not be operated on county roads by persons under the age of 16.