Okaloosa County BOCC — October 7, 2014 — Minutes — reading text

August 5, 2014 Regular Meeting The regular Tuesday meeting of the Okaloosa County Board of County Commissioners was called to order at 8:30 a.m. at the Okaloosa County Courthouse in Crestview. Members present were Charles K. Windes, Jr., Chairman; Nathan Boyles, Vice Chairman; Wayne Harris; Dave Parisot; and Don Amunds. Also present were Gary J. Stanford, Finance Director, Clerk’s Office; Ernie Padgett, County Administrator; and Greg Stewart, County Attorney. PRESENTATIONS - EMPLOYEE SERVICE AWARDS Mr. Padgett recognized the following employees for their continued service: Felix Zullo----------- Ten Years Nikki Small----------- Fifteen Years James Cuchens--------- Fifteen Years (not present) Sherry Reed----------- Thirty Years William Gilmore------- Retirement Bobby Johnson--------- Retirement PUBLIC INFORMATION OFFICER UPDATES Mrs. Kathy Newby, Public Information Officer, stated Governor Scott made a stop at the Visitor Information Center and displayed photographs taken of Governor Scott and Tourist Development Department staff. Photographs were also shown of the ribbon cutting ceremony for the Clinic Annex, a 3000-square foot addition to the Okaloosa County Health Department. Mrs. Newby noted the building was donated by the Fort Walton Beach Medical Center. COUNTY ADMINISTRATOR’ S UPDATE Mr. Padgett stated he has nothing at this time. COUNTY COMMISSIONER'S MINUTE Mr. Harris, Mr. Amunds, and Mr. Boyles stated they have nothing. Mr. Parisot reported he will be attending the Gulf Consortium meeting on August 7. He also stated he will not be present for the Tentative Budget Hearing on September 4 and sought approval from the Board to participate by telephone to cast his vote on August 5, 2014 -1- Minute Book 71, Page 192 Okaloosa County Board of County Commissioners the Tentative Millage Rate. Upon inquiry, Mr. Stewart stated there should be no problem as long as a quorum is physically present. Mr. Windes stated there are no objections to this request from Mr. Parisot. Mr. Windes also advised that he will attend the Gulf Consortium meeting. PUBLIC COMMENTS RELATED TO THE CURRENT AGENDA Mrs. Rebecca Sherry, Okaloosa Island, spoke in opposition to the request to set a public hearing to consider a miniature golf course on Okaloosa Island in a residential district. She also voiced objection to the posting of a notice for public hearing at the subject site before the issue was brought to the Board for consideration. Mrs. Sherry stated it is a violation of the Restrictive Covenants to have an arcade or miniature golf ina B2 zone. She also stated the Okaloosa Island Leaseholders Association is opposed to this request. Mr. David Sherry, Okaloosa Island, stated the authorization to have a public hearing to consider the request should have been approved prior to posting of the signs. He said “apparently the decision has already been made.” Mr. Sherry asked for clarification of what the request really is: a waiver, a rezoning from B2 to B3, or an approval for a standalone golf course in B2. He did not feel a public hearing should be held until the county knows exactly what the petitioner is asking for. Mr. Fred Westfall came to speak in favor of the agenda item for approval of drainage pipe replacement for the Lake Lorraine stormwater system. Mr. Dan Brown spoke about “Swamp Lorraine,” collapsing pipes, and sink holes before asking for support to approve the Public Works item for the drainage pipe replacement in Lake Lorraine. Mr. Greggory Givens told the Board about flooding in his home and sinkholes and also asked for the commissioners to support the Public Works agenda item. Mr. Windes asked Growth Management Director Elliot Kampert to come forward to respond to the Sherrys’ concerns. Mr. Kampert apologized and said the posting of the notice for public hearing was premature. He said staff has been working with the August 5, 2014 -2- Minute Book 71, Page 193 Okaloosa County Board of County Commissioners applicant and Mr. Bruner and the return receipts for notification to surrounding property owners have not been provided to the department. He anticipates having those prior to the public hearing. Mr. Boyles asked for the specific nature of the request. Mr. Kampert replied it is not a variance, explaining there is no process in place for a variance of the covenants except for hardship. He said the applicant is asking for a determination on whether or not a putt-putt golf course would be allowed on the subject parcel. Mr. Kampert advised the Board that a putt- putt golf course is not a listed use or an affiliated use. Upon further inquiry by Mr. Boyles, Mr. Kampert confirmed that it is not a rezoning request. Mr. Boyles said he supports’ the applicant’s right for a public hearing. Mr. Parisot referred to the agenda packet and noted a comment in the background section of the request which states the Okaloosa Island Leaseholders Association Architectural Review Committee found the use to be inconsistent with the Covenants but endorsed the proposal as a good land use and advantageous to Island tourism. He asked Mr. Stewart if there are any legal issues with regard to proceeding. Mr. Stewart replied in the negative. VISITOR - SHERIFF LARRY ASHLEY, SHERIFF'S OFFICE COMPENSATED ABSENCES FUND TRANSFER AGREEMENT Sheriff Larry Ashley stated he is present to answer any questions regarding the draft Compensated Absences Fund Transfer Agreement. Mr. Boyles commented that he had six issues/proposed changes regarding the draft document which he discussed with the Sheriff, adding they agreed on one of those changes. He requested staff prepare a strike-through revision to be returned to the Board for review on technical issues. With regard to the amount, Mr. Boyles said he is okay with realigning the compensated absences fund and if there is an excess in that fund, he said it should be resolved. Sheriff Ashley reviewed the document paragraph by paragraph, noting the areas in which he and Mr. Boyles disagree. He suggested consideration of the document be tabled. After additional discussion between Mr. Boyles and Sheriff Ashley, Mr. Stewart stated he was included in an email exchange and reviewed August 5, 2014 ~3- Minute Book 71, Page 194 Okaloosa County Board of County Commissioners the proposed fund transfer agreement. He said he would like to suggest a few changes and can prepare a new document quickly. Mr. Amunds asked if this fund will continue to accrue funds. Sheriff Ashley remarked that he agreed to $750,000 and not the $900,000 proposed by the County Administrator. His proposal was for $500,000 to come back to his office and $250,000 to go to the General Fund. He said some of those funds may be needed to make up for a shortfall in his budget. Mr. Amunds asked if this is being used as a reserve account. The Sheriff replied it is a reserve for the liability which remains funded at 35%. Mr. Padgett stated he has met with Sheriff Ashley and External Auditor Angela Balent about how to approach this subject. He said he believes we are saying the same thing but the numbers are different. Mr. Padgett reported the total balance of this fund is $1,369,000. He said Ms. Balent said the fund should be at 20% to 30% but he went with 35% which would leave $469,000 in the fund. Mr. Padgett stated his recommendation was to unencumber $900,000 with $500,000 going to the Sheriff and $400,000 to the BCC. He acknowledged the Sheriff did suggest $750,000. Mr. Amunds posed questions on the necessity of bringing this item to the Board, saying the Sheriff can allocate his funds. He said Sheriff Ashley could move $500,000 without coming to the Board. The Sheriff stated the county’s auditor recommended it be done in this way for transparency. Sheriff Ashley said he should not be punished and stressed that he disagrees with the numbers. Mr. Boyles made motion, seconded by Mr. Parisot, to direct staff to prepare an agreeable set of revisions using the Administrator's numbers and return the draft to the Board for consideration before sending it to the Sheriff. Upon inquiry by Mr. Parisot, Mr. Stewart replied that he can have the draft document prepared by the August 19 meeting. Sheriff Ashley noted that it may never come back if the numbers stay the same. Mr. Boyles responded that the Sheriff’‘s budget will come back next year and it will weigh heavy on his mind. Discussion continued. Mr. Harris remarked the Board's job is to balance the issues and this is not the place to champion a budget. The vote was taken—-5 yeas. August 5, 2014 -4- Minute Book 71, Page 195 Okaloosa County Board of County Commissioners PUBLIC HEARING - REQUEST FROM NOLA THOMAS AND MYRA EVANS TO AMEND FLUM DESIGNATION AND REZONE 112 ACRES OFF LAKE SILVER ROAD IN CRESTVIEW (9:00 a.m.) Mr. Stanford read the advertised legal notice for public hearing to consider the request submitted by Westerra Development, Inc. as agent for Nola D. Thomas and Myra Evans to amend the Future Land Use Map (FLUM) designation for 112 acres off Lake Silver Road in Crestview from Rural Residential (RR) to Low Density Residential (LDR) or a more restrictive designation. The applicant further requests if the FLUM is approved to rezone Subject property from Residential Rural (RR) to Residential-1 (R-1). Mr. Stewart stated on August 19 a resolution establishing uniform quasi-judicial proceedings will be presented for consideration. In addition to swearing in individuals who desire to address the subject of the hearing, commissioners will be asked to disclose any communications they have had regarding the matter. Mr. Boyles commented that he may have received an email. Mr. Harris said he has not heard from anyone on this request. Mr. Stewart administered the oath to anyone desiring to speak regarding this proposed request. Mr. Elliot Kampert, Growth Management Director, stated this is the final hearing on this request and displayed maps and aerial photographs to identify the subject property. He briefly reviewed the staff findings. Mr. Kampert noted letters opposing the requested changes because of traffic concerns were received. He pointed out safety issues and traffic concurrency will be addressed when the development is approved. The Planning Commission voted unanimously to approve the request on April 10, 2014 and staff had no objections. No one came forward to speak in favor of or in opposition to the request. Mr. Harris made motion, seconded by Mr. Boyles, to approve the FLUM change and subsequent rezoning as advertised. 5 yeas. ORDINANCE NO. 14-09 (FLUM) ORDINANCE NO. 14-10 (REZONING) August 5, 2014 -5- Minute Book 71, Page 196 Okaloosa County Board of County Commissioners CONSENT AGENDA APPROVAL Mr. Boyles requested Item #5 be considered separately. Mr. Parisot asked for Item #39 to be pulled for discussion. Mr. Harris made motion, seconded by Mr. Boyles, to approve Items #1 through #4, #6 through #38, and #40 through #41 on the Consent Agenda. 1. Airports: Final payment to Cathey Construction Development LLC in the amount of $84,933 for Northwest Florida Regional Airport Cell Phone Waiting Area project 2. Airports: Verizon Wireless In-Building Radio Distribution Agreement, Destin Airport 3. Airports: License Agreement with North Light Yacht Sales and Service LLC for display of a boat and trailer at Northwest Florida Regional Airport 4. Airports: Corrected Enterprise Fleet Management lease extension 6. Airports: Assignment of hangar lease for Block 2 Lot 3 at Destin Airport from 1001 Airport Road Block 2 Lot 3, LLC to Allied Global Ventures LLC 7. Finance: Budget Resolutions and Transfers (a) Resolution amending FY 2014 Budget, General Fund (Emergency Preparedness and Assistant Grant) RESOLUTION NO. 14-121 (BA #120) (b) Resolution amending FY 2014 Budget, General Fund (Emergency Management Performance Grant) RESOLUTION NO. 14-122 (BA #121) (c) Resolution amending FY 2014 Budget, General Fund