Okaloosa County BOCC — September 3, 2013 — John Dowd Email — reading text

Jeff Henderson From: John Dowd Sent: Thursday, October 24, 2013 4:48 PM To: Jeff Henderson Cc: John Hofstad: Jason Autrey Subject: RE: 104 6th Ave. Vacation of Alley Jeff: I don’t think it needs to be readvertised. Just do an agenda item reciting the fact that the Board approved the closure, and the Resolution failed to properly reflect the intent of the Board relative to the improvements on the property. Include the amended Resolution with the appropriate provisions. Thanks, John From: Jeff Henderson Sent: Thursday, October 24, 2013 4:03 PM To: John Dowd Ce: John Hofstad; Jason Autrey Subject: RE: 104 6th Ave. Vacation of Alley If this needs to go back to the Commissioner’s meeting will it need to be publicly advertised again. The resolution in the vacation agenda item had the correct resolution, | don’t know how a different resolution got signed by the Board. Please advise. Thanks, diff Henterson Okaloosa County Public Works Right of Way Agent 1759 South Ferdon Bivd. Crestview, FI32536 850-689-5772 jhenderson@co.okaloosa.fl.us Due to Florida's very broad public records laws, most written communications to or from County employees regarding County business are public records, available to the public and media upon request. Therefore, this e-mail communication, including your email address, may be subject to public disclosure and public record retention requirements. From: John Dowd Sent: Thursday, October 24, 2013 2:00 PM To: Elliot Kampert; John Hofstad; Jason Autrey Cc: Jeff Henderson Subject: RE: 104 6th Ave. Vacation of Alley At any rate, we need to bring it back to the Board for an amended resolution to correct the one signed. Thanks, John From: Elliot Kampert Sent: Thursday, October 24, 2013 10:38 AM To: John Hofstad; John Dowd; Jason Autrey Ce: Jeff Henderson Subject: RE: 104 6th Ave. Vacation of Alley Importance: High The version of the alley vacation resolution attached to the BCC packet (attached} does not include any stipulations. Somehow, the version Commissioner Amunds signed (13-147) has the paragraph with stipulations. Since the BCC approved the resolution without stipulations included in the packet, and the staff report also says that there were to be no stipulations, maybe we just need to get the correct resolution to Commissioner Amunds for his signature, and note that the version sent to Ms. Aden was incorrect? Elliot L. Kampert, AICP; Director Okaloosa County Growth Management Department 1804 Lewis Turner Blvd Suite 200 Ft Walton Beach, FL 32547 850-651-7180 Please note: Due to Florida's very broad public records laws, most written communications to or from County employees regarding County business are public records, available to the public and media upon request. Therefore, this written e- mail communication, including your e-mail address, may be subject to public disclosure From: John Hofstad Sent: Thursday, October 24, 2013 9:27 AM To: Elliot Kampert; John Dowd; Jason Autrey Cc: Jeff Henderson Subject: RE: 104 6th Ave. Vacation of Alley All, lll defer to Mr. Dowd’s judgment on this issue. If it needs to go back before the Board, please let us know as soon as possible so we can prepare the item for the agenda. Thanks, John Hofstad 4 Public Works Director st* Okaloosa County Public Works _ . 1759 South Ferdon Blvd. “Pe*” Office (850) 423-4826 Fax (850) 689-5786 Please note: Due to Florida's very broad public records laws, most wsitten cornmunications to or from County employees regarding County business are public records, available to the public and media upon request. Therefore, this written e-mail communication, including your e-mail address, may be subject to public disclosure. From: Elliot Kampert Sent: Thursday, October 24, 2013 9:08 AM To: John Dowd; John Hofstad; Jason Autrey Subject: FW: 104 6th Ave. Vacation of Alley Importance: High Good morning, The email string below provides all the details, but in summary the title company involved with the purchase of 104 6" Ave has a problem with the language of the vacating resolution that prohibits any structures, and so the agent for the purchaser of the house at 104 6" Avenue is requesting accommodation of the existing shed that is within the newly vacated alley right-of-way. | have reviewed the resolution, and { don’t see any way around sending this back to the Board for some sort of corrective or clarifying resolution. Maybe you can? The good news is there is time to get this on the November 5 agenda if must needs be. Thanks, Elliot From: Elliot Kampert Sent: Thursday, October 24, 2013 9:00 AM To: ‘Shannon Aden’ Cc: Dawn McArdle Subject: RE: 104 6th Ave. Vacation of Alley Dear Ms. Aden, First of all, congratulations on the successful negotiation with the rearward neighbors; that must be an immense relief. The restriction on structures is pretty much standard language, with some variation of it appearing in the resolutions through which the Board vacates a road or alley. In the instant case, however, the Board was aware of the existing structure, and did not require its removal, and so it seems the language is inconsistent with the actual situation. Unfortunately, since the BCC adopted the resolution with the language as written, | do not believe there is an administrative remedy; only the Board can undo an action by the Board unless the original action (in this case the resolution) provides for an administrative remedy. However, | will bring this matter to the attention of our Public Works Director, County Engineer, and County Attorney. Perhaps they can, based on Board’s knowledge of the structure as evidence by Commissioner Parisot’s comments on the record, find some way to address this without going back to the Board. However, if the title company is looking for something authoritative in writing, it may well have to go back to the Board for a corrective resolution. When you state “[w]e were instructed to request that the structure stipulation be removed”, who instructed you to make this request, was it made before the issue went to the BCC, and was it brought to the attention of anyone at the County as the resolution was being drafted? This may have some bearing, but the language of the resolution is very clear and straightforward, so maybe not. Fortunately, | believe there is still time to place this issue on the BCC agenda for November 5. 1 will let you know what | find out. Of course, our Public Works Director or Engineer may wish to work directly with you. Warmest regards, Elliot L. Kampert, AICP; Director Okaloosa County Growth Management Department 1804 Lewis Turner Blvd Suite 200 Ft Walton Beach, FL 32547 850-651-7180 Please note: Due to Florida's very broad public records laws, most written communications to or from County employees regarding County business are public records, available to the public and media upon request. Therefore, this written e- mail communication, including your e-mail address, may be subject to public disclosure From: Shannon Aden [mailto:shannonaden3@qmail.com] Sent: Wednesday, October 23, 2013 10:46 PM To: Elliot Kampert Cc: Dawn McArdie Subject: 104 6th Ave. Vacation of Alley Hello Elliot, lam following up with you on the vacation process of the portion of the alley behind 104 6th Ave. in Shalimar. After the BCC successfully approved our request for vacation at the Oct. 18th meeting, we received the attached Resolution 13-147, which grants the requested vacation of the alley between the McArdle's and their rear neighbor. The McArdle's neighbor has agreed to sell his portion (10') of the alley as you and I discussed at our meeting at the property. Thankfully, we will not have to proceed with the variance for the setback or removal of the encroaching fence. However, the resolution that is being recorded does say no other structures shall be permitted. We were instructed to request that the structure stipulation be removed. The commissioners did not object to the structure at the meeting, but the title co. is having a problem with the wording of this resolution. Is there an administrative process to follow to get this wording changed to clarify the structure will remain on the property? Thank you so much for all your help with this (stressful) matter. Ei Shannon Aden, Realtor ERA American Realty of Northwest Florida, Inc. (850) 259-2364 shannon.aden@era-american.com www.ShannonAden,com