Okaloosa County BOCC — April 27, 2013 — Minutes — reading text

amendments. After the discussion at the hearing on January 22, 2013 -10- Minute Book 68, Page Okaloosa County Board of County Commissioners December 18, several changes were made. The most significant changes to the document include: • Line 285 – inserted “unattended” and changed “8:00 a.m.” to “7:30 a.m.” • Line 385-400 – added new language to drop reference to the Sheriff’s Department and Code Enforcement and place responsibility with OCPW and OCPS • Line 567 – added back in “Last two days of February” • Line 785 – changed from “8:00 a.m.” to “7:30 a.m.” Mr. Hofstad said they believe these changes more narrowly define the ordinance. These modifications will provide a clear time from midnight until 7:30 a.m. to allow cleaning of the beaches and allow compliance with the Federal Endangered Species Act to prevent obstructions during the turtle nesting season from May through October. He stated they did remove the reference to the Sheriff’s Department and Code Enforcement regarding enforcement, and said that would become the responsibility of the Okaloosa County Public Works and Okaloosa County Public Safety Departments. Mr. Hofstad said they did not believe adding personnel to Code Enforcement would be something the Board would support. Mr. Hofstad stated the goal of the Public Works and Public Safety Departments is to implement these ordinance changes through a comprehensive public awareness campaign. Signage will be placed at each access point to the Gulf beaches and at the lifeguard stands. Letters will be sent to each of the county’s lodging partners requesting assistance with notifying their patrons upon arrival of these provisions of the ordinance. Mr. Boyles said the change in unattended items does narrowly tailor that issue. He felt staff did a good job on that item. Mr. Richard Young, Niceville, voiced opposition to the 300-foot limitation for swimming. He said this is an example of government trying to enforce safety by legislation. Mr. Young told the commissioners they cannot stop people from doing foolish things. He said the language does not distinguish between activities, saying he is a long-distance swimmer. Mr. Young stated he swims up to five miles each day and the provisions of the proposed ordinance will be a problem for fitness buffs. He said he does not want to be punished and some allowance should be made for the small group of professional swimmers to register with the lifeguard to swim beyond the 300- foot mark. Mr. Young also pointed out there is no definition of January 22, 2013 -11- Minute Book 68, Page Okaloosa County Board of County Commissioners the word “swimmer.” He asked if that refers to anyone in the water. Upon inquiry by Mr. Amunds and Mr. Harris, Public Safety Director Dino Villani nodded in consent of adding the provision for long-distance/professional swimmers to check in with the lifeguards before their swims. Ms. Dori Spelling, President of the Emerald Coast Triathlon Club, stated they have 100 members and go out typically on Sundays for long swims. She pointed out they swim in a responsible manner and would like to be able to continue their practices. Ms. Spelling said they will also check in with the lifeguards. Mr. Al Greenup stated he swims year round and although the proposed language is well intended, he believes it will bring consequences. He questioned the ability to enforce the prohibition against swimming farther than 300 feet from shore and asked if lifeguards will have arrest authority. Mr. Greenup cautioned the Board about creating a problem with this provision of the ordinance. Mr. Parisot said he wished all swimmers were responsible and had the courtesy to speak with lifeguards. Mr. Harris said the measure is for those who cannot exercise common sense or control when drinking alcohol. Mr. Amunds felt the document submitted should be amended to allow professional swimmers to check in with lifeguards for swimming beyond the 300-foot restriction. He also felt the Sheriff’s Office and Code Enforcement should be added back as the enforcement agencies. Mr. Villani recommended the language to be added be “law enforcement officer.” Mr. Boyles stated he has looked at rescue data and it indicates there is one rescue for every 102 hours of lifeguard duty. He does not think we have reached the level of need to place this 300-foot restriction in the ordinance. Mr. Parisot said he understands Mr. Villani and Tracy Voss want to protect the people. He suggested in Section “I” that when double red flags are flying they fly continuously until the danger passes. Currently, when lifeguards go off duty the flags are taken down. Mr. Villani stated the lifeguards make the judgment call on the flags and if the flags fly continuously January 22, 2013 -12- Minute Book 68, Page Okaloosa County Board of County Commissioners there could be a perception the lifeguards are still on duty. Mr. Amunds said if the flags are up, it means the lifeguards are there. Mr. Boyles made motion, seconded by Mr. Windes, to adopt the changes to Ordinance No. 08-06 as presented with the exception of Paragraph H 3a and 3c which are to be struck and to add “law enforcement officer” back in for enforcement of provisions. Mr. Windes noted that our numbers are bouncing back since 2010 and expressed concern about making the ordinance too stringent. He said the 300-foot restriction is tough for him to swallow. Mr. Boyles stated his motion does strike that 300-foot rule. 4 yeas, 1 nay. (Mr. Harris voted no.) ORDINANCE NO. 13-07 PUBLIC HEARING – FOREST COVE MSBU, INSTALLATION OF ADDITIONAL STREET LIGHT (9:00 A.M.) Mr. Stanford read the advertised legal notice for public hearing to consider a request to add a street light at intersection of Forest Cove Court and Church Street in the Forest Cove Municipal Service Benefit Unit (MSBU). Mr. John Hofstad, Public Works Director, stated a petition was received from residents in the Forest Cove MSBU requesting an additional street light as identified in the legal advertisement. Sixty percent of the 43 contributing members of the MSBU supported the additional light; policy requires at least 51% of the residents to support such a request. No one came forward to speak in favor of or in opposition to the request. Mr. Harris made motion, seconded by Mr. Parisot, to approve the installation of the street light at Forest Cove Court and Church Street. 5 yeas. SHERIFF’S OFFICE – REQUEST FOR APPROVAL OF LETF DISBURSMENT Mr. Amunds stated the next item is a resubmittal of a request from several weeks ago. Major J. D. Peacock, Administrative Bureau Chief, confirmed this request is a resubmission for a Law Enforcement Trust Fund (LETF) disbursement of $2,000 for the MLK 2014 annual event as requested by the Dr. Martin Luther King, Jr. Committee. Mr. Boyles stated he began working with the Sheriff’s Office on LETF disbursements a few months ago, noting he took the position January 22, 2013 -13- Minute Book 68, Page Okaloosa County Board of County Commissioners these funds should go toward support of School Resource Officers (SROs). Mr. Boyles clarified that he believes the bulk of the LETF should go toward SROs. He said there are submissions for a number of worthwhile events and we should be fiscally responsible. Mr. Boyles proposed $35,000 be set aside each fiscal year in the LETF and to give the Sheriff a wide latitude in the use of those funds. However, any funds above this amount for the foreseeable future would be used for SROs. The requests for use of LETF funds for charitable and non-profit organizations could then be moved back to the Consent Agenda. He felt this proposal is a way to obtain resolution of the issue. Mr. Amunds felt all requests should come before the Board but said he does not think every one of those requests has to be debated at every meeting. He suggested no threshold be set and asked what would happen if only $20,000 in LETF monies come in. Mr. Amunds asked Major Peacock if they can come up with a formula for use of the seized funds, saying maybe a 50/50 split would be acceptable. Major Peacock replied he does not believe there is an issue as far as the Sheriff is concerned regarding the use of State LETF or Federal Equitable Sharing Funds for SROs, noting that Sheriff Ashley has already committed the bulk of the funds for SROs. With regard to use of the State LETF, he said those dollars are not tax-based and the use of them fits like a glove with overall crime prevention. Major Peacock stated these programs have been supported over the years and it would be uncomfortable doing this on a year-to-year basis. He said the Sheriff’s Office is more comfortable with Mr. Boyles’ proposal than a designated percentage. Mr. Amunds reiterated he would be more comfortable with a formula and said if a threshold is given he would rather have $25,000 than $35,000. Mr. Harris commented the crime prevention events are just as important as SROs because it puts law enforcement in the community. He also said he likes Mr. Boyles’ perspective on the issue. Mr. Parisot said he is very hesitant, saying he does not want to set a dollar amount. He added that he does not look at who is making the request for funds but how the money is to be spent. Mr. Parisot stated there appears to be no change in this January 22, 2013 -14- Minute Book 68, Page Okaloosa County Board of County Commissioners resubmittal from the previous submission and he cannot support it today. Mr. Harris made motion to approve the LETF request submitted by the Dr. Martin Luther King, Jr. Committee. Motion dies for lack of a second. Mr. Boyles made motion to go forward with LETF allocations within budgeted funds of $35,000 with the Sheriff’s statutory affirmation of use until a change is made in the procedure and for the remainder of the LETF to be used in support of SROs. Mr. Amunds stated this is a new item and cautioned about rushing into a decision. He did not feel this to be a time sensitive item and said he is not comfortable voting today. Upon inquiry by Mr. Amunds, Mr. Dowd responded this is a policy decision at Board level. Mr. Boyles commented this topic has been discussed for a while and his motion stands. The motion was restated: $35,000 of these LETF Funds can be used with the Sheriff’s affirmation for donations and other crime preventions events and placed on the Consent Agenda. Mr. Harris seconded the motion. 3 yeas, 2 nays (Mr. Amunds and Mr. Parisot voted no.) Mr. Boyles made motion, seconded by Mr. Harris, to approve the request for $2,000 submitted by the Dr. Martin Luther King, Jr. Committee for LETF. 4 yeas, 1 nay. (Mr. Parisot voted no.) HUMAN RESOURCES – INTERNAL AUDITING SERVICES Mrs. Kay Godwin, Human Resources Director, stated she is present to ask direction regarding enhanced internal auditing services. She advised the working group learned there are statutory lines of authority designating the Clerk of Circuit Court as the auditor of all county funds. Mr. Dowd provided insight, specifically dealing with a case where Alachua County created an internal auditing department to conduct post-audit functions and the courts found that to be improper although hiring an independent auditing firm for this purpose would have been permissible. Options discussed by the working group were: using an outside firm as opposed to hiring a county employee, fund another internal auditor within the Clerk’s Office, or hire an internal auditor for the BCC who would review only policies and procedures (fraud prevention measures). January 22, 2013 -15- Minute Book 68, Page Okaloosa County Board of County