Okaloosa County BOCC — July 19, 2016 — June 21, 2016 Regular Meeting Minutes — reading text

Fedorak stated so much staff time is spent researching indigency , determining assets , and looking for next of kin and they want to move that responsibility to the contract provider . RISK MANAGEMENT - TOBACCO FREE WORKPLACE POLICY Ms . Laura Porter, Risk Manager , stated the county took efforts toward lowering health insurance premiums on September 16, 2014 when the Board approved conversion to a Tobacco Free Workplace . June 21 , 2 016 -5- Minute Book 74 , Page 282 Okaloosa County Board of County Commissioners She apologized for the delay in preparation of the policy to coincide with this action but cited staff changes for the reason of the delay . Implementation of this policy requires modification of Chapter XVII Section C of the Okaloosa County Human Resources (HR ) Policy Manual to reflect moving from a Smoke Free Workplace to Tobacco Free Workplace . She recommended this policy become effective October 1 , 2016 . Ms . Porter advised that upon implementation of the new policy , employees will be offered the opportunity to participate in free cessation programs offered through Florida Area Health Education Centers and Tobacco Free Florida . Mr . Boyles made motion , seconded by Mr . Harris , to approve the request to adopt the policy , modify the HR Manual , and to make the policy effective October 1 , 2016 . Mr . Harris commented that employees will really be affected by this policy and there may be unintended consequences . Mrs . Ketchel agreed with Mr . Harris and said tobacco use is truly an addiction . She stated she would like for staff to prepare a policy with positive rewards for exercising , lowering blood pressure , etc . Mrs . Ketchel said she cannot support this policy because of the impact on the workforce . Mr . Goodwin felt concerns about the application of the proposed policy are valid and said employees may consider this more than an inconvenience . He asked for a more detailed explanation of the differences between existing policy and proposed policy . Ms . Porter stated the new policy prohibits vaping and smokeless tobacco use on county property and during work hours . She advised several counties have adopted this policy . Upon further inquiry by Mr . Goodwin , Ms . Porter stated currently a smoker is allowed to smoke in a designated area and there are no restrictions regarding chewing tobacco at this time . With regard to insurance premiums , she said tobacco users tend to have higher medical expenses and that affects everyone . She stated the reason she quit smoking was because at her former place of employment , smokers paid higher premiums . Mr. Goodwin asked if there is a lesser alternative for violations which would get to the same goal . Ms . Porter replied they can look at a differential for tobacco users versus non - users . He supported making cessation services available , encouraging a healthier life style and have a policy which discourages tobacco June 21 , 2016 -6- Minute Book 74 , Page 283 Okaloosa County Board of County Commissioners use . Mr . Goodwin said he could support a policy with a monetary differential . When asked if she looked at the Okaloosa County School Board ' s policy , Ms . Porter replied she only looked at policies in other counties . Mr . Goowin suggested this i tern be tabled . Mr. Harris thanked Ms . Porter for her work. He questioned how such a policy would be enforced and said this could be another hit to the workforce . Mr . Harris pointed out Okaloosa County has a 15 % attrition rate . Mrs. Ketchel stated Gulf Power and Safeway have programs to create heal thy indi victuals . Those programs include regular checkups , weight loss programs , etc . and provide a reward of lowered health insurance costs . She said putting rewards into play may be the way to go . Mr . Boyles asked how many cigarettes are in a pack which appears to be the normal usage , to which Ms . Porter replied 20 . He then asked how many breaks per day employees are entitled and she replied " two ." Mr . Boyles expressed concern smokers may be " sneaking off " to smoke the rest of the pack . He made it clear that it is a person ' s choice to smoke and he does not care if they make that choice but he does not , and neither do the citizens , want to pay for it . Mr . Boyles stated the Gulf Power policy is their employees cannot smoke at all . Mr. Boyles amended his motion to direct staff to come back with options , including a simple no tobacco use on government property during work hours , no tobacco use as a condition of employment with Okaloosa County , and an incentive-based program or penalty- based program with regard to health insurance premiums . Mr . Harris expressed concern about providing a " soft landing " for employees and then confirmed his second . Mrs . Ketchel suggested provisions be introduced gradually . Upon inquiry by Mr . Hofstad regarding a suspense date for returning this to the Board , Mr . Boyles said he would like to see it back at the second meeting in July . 5 yeas . PUBLIC HEARING - RESOLUTION AMENDING DEVELOPMENT ORDER NO . 77-1 PERTAINING TO BLUEWATER BAY DEVELOPMENT OF REGIONAL IMPACT Mr . Stewart stated this hearing is to consider the adoption of a resolution amending Okaloosa County Development Order No . 77-1 relating to the Bluewater Bay Development of Regional Impact . The request is to change 3 , 185 square feet of existing office space designated as Medium/Low (M/L) Residential to Commercial Off ice June 21 , 2016 -7- Minute Book 74 , Page 284 Okaloosa County Board of County Commissioners (C/O) . He announced this is a quasi-judicial proceeding and anyone desiring to speak at this hearing should stand to be sworn in . Further , Mr. Stewart asked the commissioners if any of them received any information regarding this application . He stated all are saying no . Mr . Elliot Kampert , Growth Management Director , stated the applicant is requesting this hearing be continued for additional work with the property owners ' association . He stated he will now read the staff report . Mr . Stewart asked if we are being requested to continue this hearing . Mr . Harris expressed confusion and asked if we are having a hearing or not and felt that should be decided before hearing the staff report . Mr . Stewart said this was advertised for hearing and inquired if anyone is going to give testimony . Mr . Boyles stated no one has spoken and made motion , seconded by Mr . Harris , to table this public hearing until July 19 , 2016 at 9 a . m. 5 yeas. PUBLIC HEARING ORDINANCE TO AMEND CHAPTER 1 OF THE LAND DEVELOPMENT CODE (Tabled from June 7 , 2016 meeting) Mr . Stewart stated this is a legislative action to amend Chapter 1 of the Land Development Code (LDC) . He said it was properly advertised and previously scheduled to be heard on June 7 , 2016 . Mr . Kampert stated he read the entire staff report into the record at the June 7 hearing. He provided the fallowing highlights of the proposed LDC changes which were prepared as a result of a Board directive given to staff at a public hearing held on February 16 , 2016 to prepare a written procedure for adopting or amending a DRI Development Order . • Adopt a new subsection lA . 03 . 12 to describe the review process and procedure relating to DRI development orders or amendments . A request for a new DRI development order must follow the process outlined in the Florida Statutes . • If an application is part of a larger , common plan of development , the applicant must provide an overall phased development plan . The applicant may submit a detailed development order application which may be approved concurrently with the DRI amendment and may not be subject to a development order hearing . June 21 , 2016 -8- Minute Book 74 , Page 285 Okaloosa County Board of County Commissioners  • Adopt a new subsection 1 . 11 . 11 which sets forth the process and public participation requirements which include a newspaper advertisement , posting a sign on the subject property , and mailing certified letters to property owners within 300 feet. • Opportunities to be heard will be available in the form of one public hearing held by the Planning Commission and one public hearing before the Board of County Commissioners . • Adopt an amended subsection lA . 01 . 04 which lists the duties and responsibilities of the Planning Commission in reviewing the ORI applications . • Adopt changes to Section lA . 04 . 00 regarding Administrative Adjustment Mr . Windes opened the floor for public comment . Ms . Leah Hodge , Magnolia Plantation , stated she believes it is good to have a process which everyone understands . She referred to Item 5 (a) and asked for an explanation of the phrase "under common ownership or control ." Mr . Kampert stated that on the surface it may appear there are two companies which own or control a property but there is additional documentation which designates the controlling partner . Ms. Hodge expressed her concerns with being referred to Randy Wise in Bluewater Bay for permission to erect fences , etc . She said residents have a difficult time understanding there are no plans but then there could be plans which would be accelerated at 60 miles per hour . Ms . Hodge asked if Mr . Wise will have to adhere to the proposed changes in the LDC . Mr . Kampert answered that once the process and procedures are adopted , they must be followed . However , if a developer brings in plans prior to adoption , the current procedure/policy in place will be followed . Ms . Hodge did not feel certified letters only to property owners within 300 feet is sufficient and asked for an explanation of that number. Mr . Kampert replied the letters are not the only required notifications ; there must be a legal advertisement and signs posted on site . He said there is no magic number and it is not statutory but the 300-foot radius is used to be consistent with all other notification processes in the county . No one else came forward to speak and the public comment section of this public hearing was closed . June 21 , 2016 -9- Minute Book 74 , Page 286 Okaloosa County Board of County Commissioners Mrs . Ketchel asked why not change the notification to one mile or more . Mr . Kampe rt pointed out this is notification by return receipt mail and costs approximately $6 . 00 per letter . She asked if there is a compromise and suggested a notification be sent to the homeowners ' association (HOA) for the affected area . Mr . Kampert pointed out we cannot control HOAs and their actions . He said HOAs do not always keep contact names and addresses current . Mr . Kampert stated the requirement to obtain a list of property owners within the 300-foot radius from the Property Appraiser ' s Off ice is the most accurate . Mr . Stewart also pointed out that HOAs typically have a limited revenue source and questioned making it mandatory for a HOA to provide the notifications . Mr . Boyles stated a 300-f oot radius is a surprisingly large area and feels that it is adequate . Mrs . Ketchel asked if adding the HOA to the required notifications could be considered . Mr . Goodwin concurred . He said he has read the proposed ordinance and everything is adequate except the notification provisions . Mr . Boyles made motion , seconded by Mr . Harris , to approved the changes to the LDC as proposed . A lengthy discussion ensued regarding HOAs . Mr . Boyles stated his motion stands . Mr . Windes noted this is in his district and said he believes consistency and simplicity are important and he will