Okaloosa County BOCC — May 15, 2013 — reading text

County, commonly referred to as Choctawmar Park. The property owners are requesting relief from said encroachments through a permanent encroachment permit to run in perpetuity with title to the respective parcels. BACKGROUND: During a review of County-owned parcels last year, it was determined that two residential parcels located in the Shalimar area had improvements that potentially encroached upon a County-owned parcel commonly referred to as Choctawmar Park. These encroachments were later field verified by the County’s Engineering and Survey Division. Upon verification, the County’s Public Works Department was directed to formally notify the property owners of the encroachments in an effort to solicit their response and proposed resolution. On March 20, 2013, Public Works staff received a response from David A. Simpson and Elizabeth E. Butler (collectively) seeking a permanent resolution to the subject encroachments (March 18, 2003 memo attached). While the County does have a Resolution of Encroachments Upon County-Owned Property policy, the subject property owners contest that this policy does not apply to their respective situations as the County’s policy is specific to parcels attained through deed and not through acquired or platted rights-of-way or dedicated easement. As such, both Mr. Simpson and Ms. Butler contend that the County’s provisions for encroachment relief as contained in the encroachment policy do not contain a mechanism whereby they can seek a remedy to the identified encroachments. Without a remedy to address the encroachments as specified in policy, staff contends that the encroachments should be removed from County-owned lands. However, Mr. Simpson and Ms. Butler contend that they have had and should continue to have “the full use and enjoyment” of the improvements originating on their respective parcels and encroaching upon the adjacent County parcel. Accordingly, both Mr. Simpson and Ms. Butler are requesting that the Board grant a permanent encroachment permit to run with the title to their respective properties. This request has been reviewed by the County Attorney and his response is provided as an attachment. Staff is seeking guidance from the Board as to the appropriate remedy for this situation: 1) the encroachments shall be removed to the common property line, or 2) the property owners, Mr. Simpson and Ms. Butler, shall be granted a permanent encroachment permit to run in perpetuity with title to the respective parcels. OPTIONS: Request Board guidance as to the appropriate remedy to satisfy existing encroachments upon County-owned property from private property located at 111 Meigs Drive and 113 Meigs Drive. RECOMMENDATIONS: Staff requests guidance from the Board of County Commissioners as to the appropriate remedy for resolving encroachments upon County property from two privately owned parcels located at 111 Meigs Drive and 113 Meigs Drive; those options being: 1) the encroachments shall be removed to the common property line, or 2) the property owners, Mr. Simpson and Ms. Butler, shall be granted a permanent encroachment permit to run in perpetuity with title to the respective parcels. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: May 21, 2013 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Contract Amendment - Collection & Disposal of Hazardous Waste DEPARTMENT: Public Works BCC DISTRICT: All STATEMENT OF ISSUE: EQ-The Environmental Quality Company has provided supplemental pricing per the contract for items that are additional to those captured in the original scope of work. According to the contract such pricing will be quoted separately. BACKGROUND: Recent CO-OP collection events required contract labor to collect, pack, and dispose of Household Hazardous Waste (HHW). During these collection events, some waste categories were generated that were not part of the routine waste stream included in the original bid, which required additional unit pricing from the vendor. EQ provided an amended pricing list to include these categories and the document has been reviewed by Purchasing, Risk Management, and the County Attorney. OPTIONS: Approve/disapprove Amendment #1 to the contract with EQ-The Environmental Quality Company. RECOMMENDATIONS: Request Board approval and authorization for the Chairman to execute Amendment #1 to the contract with EQ-The Environmental Quality Company for collection and disposal of certain waste categories not included in the original contract with the vendor. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: May 21, 2013 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: FWB Assistance Request - Grader Assistance DEPARTMENT: Public Works BCC DISTRICT: 2 STATEMENT OF ISSUE: The City of Fort Walton Beach has requested that Okaloosa County assist them by providing a small grader for leveling of a parking area and adjacent baseball diamonds at Ferry Park. BACKGROUND: The City of Fort Walton Beach is starting to repair their softball and baseball fields before the start of the season. They have requested that the County provide assistance through the use of a small grader and an operator, which is consistent with similar requests from the City in past years. Public Works can accommodate this request. The total cost for equipment and operator is estimated at $600. OPTIONS: Approve/Disapprove. RECOMMENDATIONS: Recommend approval of the Public Works support request from the City of Fort Walton Beach. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator From: Sam Wilson [mailto:swilson@fwb.org] Sent: Monday, May 06, 2013 8:53 AM To: John Hofstad Subject: RE: City of Fort Walton Beach (request) Yes…that date is good. Any assistance you can provide will help us. Right now we are just using the Front End loaders to back drag it. To get it right a motor grader is needed. Thanks, Sam Wilson Stormwater/Streets Supervisor Engineering Services Department City of Fort Walton Beach W:(850)833-9932 C:(850)585-0869 F: (850)833-9690 Please Note: Florida has a very broad public records law. Most written communications to or from City of Fort Walton Beach officials are public records available to the public and media upon request. Your e-mail address and communications may therefore be subject to public disclosure. From: John Hofstad [mailto:jhofstad@co.okaloosa.fl.us] Sent: Monday, May 06, 2013 8:51 AM To: Sam Wilson Subject: RE: City of Fort Walton Beach (request) Sam, When do you need this work done? I’ll probably have to run it past our Board, so the earliest I can get their approval is the 21st. Will this work for your schedule? John Hofstad Public Works Director Okaloosa County Public Works 1759 South Ferdon Blvd. Office (850) 423-4826 Fax (850) 689-5786 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: Sam Wilson [mailto:swilson@fwb.org] Sent: Monday, May 06, 2013 8:17 AM To: John Hofstad Subject: FW: City of Fort Walton Beach (request) John, Please see email chain below. Do you need a formal letter from us requesting assistance, or does this email suffice? Thanks, Sam Wilson Stormwater/Streets Supervisor Engineering Services Department City of Fort Walton Beach W:(850)833-9932 C:(850)585-0869 F: (850)833-9690 Please Note: Florida has a very broad public records law. Most written communications to or from City of Fort Walton Beach officials are public records available to the public and media upon request. Your e-mail address and communications may therefore be subject to public disclosure. From: Revel Phillips [mailto:rphillips@co.okaloosa.fl.us] Sent: Monday, May 06, 2013 8:11 AM To: Sam Wilson Subject: FW: City of Fort Walton Beach (request) Please let me know if you need any other information. Revel E. Phillips|South Maintenance Supervisor Public Works T: 850.609.6164 C: rphillips@co.okaloosa.fl.us B.B King The beautiful thing about learning is that no one can take it away from you. Please consider the environment before printing this e-mail. 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 e-mail communication, including your email address, may be subject to public disclosure and public record retention requirements. From: Clay Simmons Sent: Wednesday, May 01, 2013 3:46 PM To: Revel Phillips Cc: Robert Vandenbroeck Subject: Re: City of Fort Walton Beach (request) They need to send a letter to John requesting assistance. Sent from my iPhone On May 1, 2013, at 3:35 PM, "Revel Phillips" <rphillips@co.okaloosa.fl.us> wrote: Will we be requesting approval through the agenda process? Revel E. Phillips|South Maintenance Supervisor Public Works T: 850.609.6164 C: rphillips@co.okaloosa.fl.us B.B King The beautiful thing about learning is that no one can take it away from you. <image001.gif><image002.jpg> Please consider the environment before printing this e-mail. 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 e-mail communication, including your email address, may be subject to public disclosure and public record retention requirements. From: Clay Simmons Sent: Wednesday, May 01, 2013 8:30 AM To: Robert Vandenbroeck Cc: Revel Phillips Subject: RE: City of Fort Walton Beach (request) We need to get BCC approval to do so. Thank you. <image002.jpg> William "Clay" Simmons, P.E. Okaloosa County Public Works Road and Parks Division Manager 1759 S. Ferdon Blvd Crestview, FL 32536 Telephone: 850-689-5770 Fax: 850-689-5786 E-mail: csimmons@co.okaloosa.fl.us <image003.gif> 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 e-mail communication, including your e-mail address, may be subject to public disclosure and public record retention requirements. From: Robert Vandenbroeck Sent: Tuesday, April 30, 2013 2:01 PM To: Clay Simmons Cc: Revel Phillips Subject: City of Fort Walton Beach (request) Clay – the City of Fort Walton Beach, Sam Wilson, called and asked if we could or be willing to provide our south end grader and an operator for approximately one day’s work. The work they are requesting assistance with is at Fairy Park at the intersection of Hughes Ave and Fairy Rd. They mentioned that they are able to provide material and hauling support, but would need our grader to spread the material. Work will also be performed in the adjacent baseball field. No start date was given at this time. We just told the City that it is something we need to run through our channels first. Robert VandenBroeck|Operations Manager Public Works T: 850.423.4848 C: 850.546.0506 rvandenbroeck@co.okaloosa.fl.us “Every time I find the meaning of