Okaloosa County BOCC — August 6, 2013 — August 20 Regular Meeting — reading text

cities is set for discussion at the League’s September 9 meeting. Mr. Amunds replied that his tendency is to agree with the proposal for the League to negotiate with each city regarding funding distribution. He stated Public Works Director John Hofstad continues to work on this item and no decision on funding allocation has been made. Mr. Amunds aiso commented this is not the time to debate this issue. Mr. Hofstad reported, “As you well know, we have gone through several iterations of the split.” He stated staff believes it has a mechanism which will be equitable and will communicate that to each of the cities. Mr. Boyles asked if any actions need to be taken by the Board on the proposal for the League to negotiate the cities’ allocations. Mr. Hofstad replied the county’s proposed FY 2014 budget is based on a 64/36 split, saying he believes everyone will gain from this formula. Mr. Boyles voiced his support for August 20, 2013 -6- Minute Book 69, Page 301 Okaloosa County Board of County Commissioners the cities to make the allocations of their portion of the gas tax revenue among themselves. Mr. Hofstad pointed out an item did appear on the Consent Agenda tonight for approval of a public hearing on September 3 to discuss implementation of the Second Local Option Gas Tax. He advised that inside that hearing will be a discussion on the funding split. Mr. Hofstad said he hopes to have agreement with the cities before the hearing. PUBLIC HEARING —- BEACH RESTORATION MSBU ASSESSMENT (6:30 P.M.) Mr. Stanford read the advertised legal notice for public hearing to consider re-imposing non-ad valorem special assessments against parcels of property located within the Destin Subarea of the Okaloosa County Beach Restoration Project Municipal Services Benefit Unit (MSBU) and to collect the special assessment of the ad valorem tax bill for the fiscal year beginning October 1, 2013 and for the remainder of the assessment period. The amount of the assessment will be the same amount as levied for the last fiscal year. A second public hearing will be held on September 3, 2013 at 6:30 p.m. in Crestview. Mr. Daniel O'Byrne, Tourist Development Department (TDD) Director, stated the Initial Assessment Resolution was adopted by the Board on August 6. This hearing is to give residents within the MSBU boundaries an opportunity to comment. He said no action is required and noted the final hearing will be on September 3, Mr. Amunds opened the floor for public comment. No one came forward to speak in favor of or in opposition to the proposed assessment. Mr. Parisot proposed collection of the assessment for this year and future years be abated. He believes there will be sufficient funds from the bed taxes to pay for the project rather than use the MSBU assessments. Mr. Parisot recommended the item be brought back in the April or May timeframe in order for the Board to discuss whether or not there is sufficient funding to pay off this loan. Mr. Amunds stated this topic should be referred to the attorneys and bond counsel and considered next spring. The comment period for this hearing was then closed. August 20, 2013 -7- Minute Book 69, Page 392 Okaloosa County Board of County Commissioners PUBLIC HEARING -—- ORDINANCE AMENDING ORDINANCE NO. 84-19, PROVIDING FOR LEVY OF AN AD VALOREM TAX WITHIN THE BOUNDARIES OF THE UNINCORPORATED COUNTY PARKS MSTU (6:30 P.M.) Mr. Stanford read the advertised legal notice for public hearing to consider adoption of an ordinance amending Ordinance No. 84- 19, providing for an ad valorem tax within the boundaries of the MSTU; providing for the funding of certain parks; authorizing the funding for other parks and recreational areas; and authorizing the funding of the management and control of stormwater. Mr. John Hofstad, Public Works Director, stated that in 2010 the county separated the stormwater-related functions from the Road Division budget which resulted in a stand-alone Stormwater Division. Initial funding for this division was a combination of $500,000 from the General Fund and $2 Million of cash carried forward from completed and under budget projects. Mr. Hofstad reported that revenues have continued to decrease and sufficient revenues are not available for FY 2013-14 to fund the minimal operating needs of approximately $835,000. Mr. Hofstad stated a suggestion was made to consider the Unincorporated County Parks MSTU as a potential revenue source for stormwater projects. He advised that staff estimates a substantial reserve of approximately $4.9 Million will be available in the Unincorporated Parks MSTU for the upcoming year. This assessment provides an estimated annual revenue of $1.1 Million. The proposed ordinance amendment expands the conditions of Ordinance No. 84-19 to include stormwater infrastructure. Mr. Hofstad’s PowerPoint presentation provided details on the creation of MSTUs and MSBUs as a legislative action (Chapter 125.01, F.S.) which does not require a referendum. The creation of the original ordinance and the Settlement and Agreement were the result of a qual-taxation law suit filed by cities in the county. Originally, the ordinance included law enforcement and roads, as well as parks, but was removed in subsequent years. A graph showing General Fund impact from 2001 through 2014 was provided. The ad valorem assessment of 0.1800 has been in effect since 2009. Mr. Hofstad continued with a detailed presentation on capital projects and pointed out the mandate for a Stormwater Master Plan required by the federal Clean Water Act. He pointed out that if the county does not hit the milestones in this master plan, there will be repercussions. August 20, 2013 -8- Minute Book 69, Page 303 Okaloosa County Board of County Commissioners Mr. Hofstad emphasized the proposed amendment does not entail an increase in the assessment. Mr. Amunds said in previous discussions it was believed the MSTU was created by a referendum but research proved that information to be incorrect. Mr. Dowd supplied details of the lawsuit filed by the cities against the county in the 1980s. Mr. Harris stated the existing dollars and a portion of the new funding from the assessment will still be used for the original intent of the MSTU. Mr. Hofstad confirmed that to be correct. He advised $450,000 would be split out for operational needs for the Stormwater Division. At Mr. Harris’ request, Mr. Hofstad again explained the consequences of the Board taking no action to provide funding for stormwater. Upon inquiry by Mr. Parisot, Mr. Hofstad stated establishing a dedicated revenue source for stormwater will put the county on better footing for seeking grants. Ms. Jessie Plant, Niceville, asked if this stormwater funding will be only for stormwater problems in the parks. Mr. Hofstad answered it will be for drainage issues in the unincorporated portions of the county. He stressed cities are responsible for their own drainage issues. Ms. Katie Krueger, Mary Esther, stated she believes county parks are important and said the residents on the west side of the county have no parks. She questioned the commissioners desire to “steal” money from the parks and use it for stormwater projects. Upon inquiry by Ms. Krueger, Mr. Amunds stated the person in charge of parks is Public Works Director John Hofstad. Ms. Nina McCormick agreed with Ms. Krueger about not having parks on the west side of the county but disagreed with her about diverting money for stormwater projects. She spoke of standing water and mosquitoes in her neighborhood which make her have major health concerns. Ms. Carol Burnich (Mary Esther), Chairman of the Parks Advisory Committee, stated this committee welcomes public input. She told when meetings are held and encouraged citizen participation. Ms. Burnich said there needs to be a balance for use of this revenue source but pointed out the original intent was for parks. August 20, 2013 -9- Minute Book 69, Page 304 Okaloosa County Board of County Commissioners Mr. Amunds underscored the fact that current reserves will only be used for parks and a portion of the annual assessment will also go for parks. Ms. Judy Stokes, Mary Esther, posed questions about problems behind her home. Mr. Amunds stated the county has no “lines” at this location and it is the responsibility of the City of Mary Esther. Mr. Harris made motion, seconded by Mr. Parisot, to amend Ordinance No. 84-19 by expanding the MSTU to include stormwater. Mr. Parisot asked for consideration of a friendly amendment to establish a minimum of $450,000 from this revenue source each year for stormwater. Mr. Harris accepted this amendment. Mr. Boyles commented this issue is part of the big picture process and his support is predicated on the gas tax discussion at a future meeting. Mr. Windes agreed it is not perfect nor is it ideal but he will support it for the greater good. Upon inquiry by Mr. Harris, Mr. Hofstad estimated the total stormwater project needs at $45 Million to $50 Million. Mr. Harris pointed out we have had 65 inches of rain in 63 days. Mr. Hofstad estimated the reserves to be able to last five years if we have a healthy capital improvement program and to last eleven years without a major CIP. He said at the end of the day, the Board decides on the CIP projects. The vote was taken on the motion---5 yeas. ORDINANCE NO. 13-21 Mr. Parisot stated he wanted to give a shout out to former County Commissioner John Jannazo who was a strong supporter of stormwater projects. He thanked him for “planting the seed.” STATE ATTORNEY -— BUDGET TRANSFER REQUEST FOR COMPUTERS AND RELATED SOFTWARE Mr. Bill Bishop, State Attorney’s Office, requested a transfer from reserve funding ($21,712.10) into Operating Supplies for the current fiscal year. The funds will be used for 20 new desk top computers to replace computers which are five years old or older, as well as to order Microsoft Word for all computers. Mr. Boyles made motion, seconded by Mr. Parisot, to approve the budget transfer as identified above. 5 yeas. August 20, 2013 -10- Minute Book 69, Page 305 Okaloosa County Board of County Commissioners VISITORS - MARY DEKLE AND BRIAN NORBECK, LEGAL SERVICES OF NORTH FLORIDA Ms. Mary Dekle, Resource Developer with Legal Services of North Florida (LSNF), opened with a video about LSNF. She stated they provide no-cost legal services for civil issues. Ms. Dekle said they represent 562 county households at an average cost of $504 per case. LSNF provides services in the following priority areas: e preservation of home and promotion of home ownership e support for families and children ® promotion of employment, economic security and health ® promotion of safety and stability ® protection of vulnerable populations Continuing, Ms. Dekle gave statistics on the dollar value of their services, the percentage of family law cases, and the number of residents who fall below the federal poverty guidelines. She asked for the Board to continue the percentage allocation to LSNF for the coming fiscal year. Mr. Brian Norbeck, attorney with LSNF, distributed a folder of information on Legal Services of North Florida to each commissioner. He thanked them for their continued support. Mr. Norbeck stated he is proud of where he lives, the organization he works for, and the impact they have on residents. Mr. Norbeck said he is available to answer any technical questions and told the Board members if they are comfortable with it, to consider referring individuals to LSNF. Mr. Harris stated a few years ago a young woman who worked for his wife was a victim of domestic abuse and LSNF helped make her safe. Mr. Boyles said he is familiar with LSNF, noting that as an intern he worked out of the Pensacola office. He stated the individuals who work with Legal Services do it because they have a passion for it and not because of the pay. VISITOR — LINDA SUMBLIN, WORKFORCE DEVELOPMENT BOARD, WAIVER OF