Okaloosa County BOCC — June 17, 2014 — Minutes — reading text

May 6, 2014 Regular Meeting The regular Tuesday meeting of the Okaloosa County Board of County Commissioners was called to order at 6:00 p.m. at the Okaloosa County Courthouse in Crestview. Members present were Charles K. Windes, Jr.; Chairman; Nathan Boyles, Vice Chairman; Wayne Harris (arrived at 6:16 p.m.); Dave Parisot; and Don Amunds. Also present were Gary J. Stanford, Finance Director, Clerk's Office; Ernie Padgett, County Administrator; Greg Stewart, Acting County Attorney; and representatives of the media. COUNTY ADMINISTRATOR'S UPDATES Mr. Padgett reported the Legislative Session has ended and Legislators provided no relief with regard to the Department of Juvenile Justice (DJJ) overbilling of more than $3 Million to Okaloosa County. He said at the next meeting staff will provide recommendations on a course of action, Mr. Padgett noted that Governor Scott has been provided with information in hopes he will intervene in the matter. He reported Mr. Peter Bos is trying to help us gain an audience with the Governor in order to make an appeal directly to him. Mr. Padgett stated he and the budget staff continue to gather information for the budget process with the Property Appraiser’s Office providing updates every ten days or so. He said the Property Appraiser estimates a 3.7% increase in the tax base for the next year. Mr. Amunds proposed the Board direct legal staff to begin preparing the paperwork regarding the DJJ issue in order to have it ready at the next meeting in anticipation of moving forward with litigation. Mr. Boyles said he would like for Mr. Stewart to give the Board “the lay of the land” and provide all avenues before taking any action. Mr. Amunds replied he is just saying to begin work on it, not to file the suit. Mr. Stewart advised that at this time Nabors, Giblin & Nickerson (special legal counsel) has filed the necessary papers with the DJJ on behalf of Okaloosa County and the other counties the firm represents. He said they are waiting for DJJ to make a final determination. Mr. Stewart agreed that during the Legislative Session the counties did agree to stand down. He said at the May 6, 2014 ~i- Minute Book 71, Page 35 Okaloosa County Board of County Commissioners next meeting he will provide an overview, adding “we have started down that road as of today.” COMMISSTONER’S MINUTE Mr. Amunds commented that he has already had his minute. Mr. Boyles said he may want to chat with the Public Works Department later. Mr. Parisot stated it was his honor and privilege to be present at the EOD ceremony and banquet last Saturday. He said he brought a copy of the program from the service which detailed the lives of the four individuals who were enshrined. Mr. Parisot stated he also has given each commissioner and the County Administrator an EOD lapel pin. He thanked the Board for adopting the proclamation at the last meeting which designated May 3 as Explosive Ordnance Disposal Day in Okaloosa County. Mr. Windes said he has one item to take into consideration at the next meeting. He referred to a meeting held earlier today with Florida Department of Transportation (FDOT) officials at the Ramada Inn. Mr. Windes stated FDOT Secretary Prasat made it very clear about getting a consensus on the bridge issue, stressing Secretary Prasat said he must know what the county wants. Mr. Windes said we must get together to make a decision and proposed a workshop on this topic. Mr. Parisot said maybe we can discuss not only Brooks Bridge but other transportation issues at the workshop. Mr. Windes replied he does not want to clutter the workshop but we can discuss what should be on the workshop agenda. PUBLIC COMMENT RELATED TO THE CURRENT AGENDA Mrs. Rebecca Sherry, Coral Court on Okaloosa Island, referred to the Old Business agenda item to consider an amended bond resolution eliminating the special assessments as pledge revenue for the repayment of the note funding the West Destin Beach Restoration Project. She proceeded to read a fable she had composed. It began with references to terrible scandals in the county, followed by resulting audits and changes in leadership positions. Mrs. Sherry cautioned against new troubles and urged courage in making decisions. May 6, 2014 -2- Minute Book 71, Page 36 Okaloosa County Board of County Commissioners Continuing, Mrs. Sherry outlined the reasons she believed the proposed resolution was wrong. She pointed out the Tourist Development Council (TDC) cannot bring themselves to make a decision to support the repeal of the Municipal Services Benefit Unit (MSBU) for beach restoration and she feels amending the bond resolution is premature, noting the public hearing to consider repeal of this MSBU is set for the May 20 meeting. Mrs. Sherry remarked that Holiday Isle cannot have its cake and eat it too. (Mr. Harris arrived at this time—6:16 p.m.) Mr. David Sherry, Coral Court on Okaloosa Island, said he too wants to address the Old Business item, saying the proposed resolution is premature and possibly harmful. He felt the item should be tabled until after the public hearing. VISITOR - PETER BOS, CONSIDERATION OF MID-BAY RAC FESTIVAL DISTRICT Mr. Elliot Kampert, Growth Management Director, stated staff has been approached by Peter Bos about development of a festival area which would allow for the carrying of open containers in the Mid-Bay Regional Activity Center (RAC). He said before spending staff and attorney time on this item, he is requesting direction from the Board on whether or not to proceed. Mr. Kampert stated Mr. Bos is present to answer questions and directed the commissioners’ attention to the screen which displayed the proposed Festival District. Mr. Bos explained the RAC was passed in 2000. It identified a high intensity node for development. He said SanDestin, Destin, Fort Walton Beach, and Pensacola have developed festival districts and the Destin Commons is now at a disadvantage. Mr. Bos said the developers of the Destin Commons and the RAC would like to develop this district to be competitive. He pointed out the golf course already has an open container area. Mr. Kampert requested direction to work with the County Attorney and Mr. Bos to draft an appropriate area. He pointed out there are two avenues to be considered, saying the Code of Ordinances has designated hours of operations for the sale of alcoholic beverages but the Land Development Code does not contain that information. Mr. Kampert also noted that each avenue has a different requirement regarding the number of required public hearings. , May 6, 2014 -3- Minute Book 71, Page 37 Okaloosa County Board of County Commissioners Mr. Parisot asked if the Board really wants to waive the distance requirement from schools, saying Destin Middle School is within the 1500-foot buffer. Mr. Kampert replied that is an item to be discussed with Mr. Stewart and Mr. Bos. Mr. Harris suggested holding off on that discussion. Mr. Kampert stated there are exceptions, such as food services like The Olive Garden which has a separation requirement of 300 feet from a residential area. He said another exception is the golf course. Mr. Bos remarked the developers gave the site for construction of the school with an understanding the school would not be an impediment. He said requirements “ebb and flow,” saying there are open containers on the golf course which is located across the highway from the school. Mr. Bos said they are talking about a restaurant patron walking down the sidewalk with a drink. Mr. Amunds clarified the department’s request is to obtain direction from the Board on whether or not to pursue this and to have more information on the pros and cons. Mr. Harris said we sometimes get “mucked up in the mire” but agreed detailed information for and against is needed. Mr. Harris made motion, seconded by Mr. Amunds, to move forward. 5 yeas. PUBLIC HEARING — REQUEST BY WESTERRA DEVELOPMENT TO CHANGE FLUM DESIGNATION AND REZONE 112 ACRES ON CURRIE ROAD IN CRESTVIEW (6:30 p.m., Transmittal Hearing) Mr. Stanford read the advertised legal notice for public hearing to consider a request from Westerra Development, as agent for Nola D. Thomas and Myra Evans, to change the Future Land Use Map (FLUM) designation for 112 acres on Currie Road from Rural Residential (RR) to Low Density Residential (LDR) or a more restrictive designation. If the FLUM designation is amended, the petitioners further request the property be rezoned from Residential Rural (RR) district to Residential-1 (R-1) district or a more restrictive district. Because this is a quasi-judicial proceeding, Mr. Stewart asked those who may speak on this issue to stand and be sworn in. Mr. Elliot Kampert, Growth Management Director, provided the following staff findings: e The proposed FLUM amendment is classified as a Type-1 amendment which involves properties ten acres or more in May 6, 2014 -4- Minute Book 71, Page 38 Okaloosa County Board of County Commissioners size. Type-1 amendments must be transmitted to the State for state agency review. ® The current RR FLUM category permits single-family dwellings and related uses at an allowable density of two units to the acre. This density would allow up to 224 single-family dwellings on the amendment site. e The proposed LDR FLUM category permits single-family dwellings and related uses at an allowable density of four units to the acre. This density would allow up to 448 single-family dwelling units on the amendment site. ® Evaluation guidelines and criteria for Type-1 amendments are specified in the Comprehensive Plan Administrative Element Policy 1.15. Staff evaluation of these is attached to the agenda request as Exhibit 1. The proposed amendment was found to be consistent with the specified guidelines and criteria. : ® Properties adjacent and proximate to the amendment site are shown on the FLUM as RR to the west and north and LDR to the east and south. e There are existing residential subdivisions in the immediate vicinity. e Any adjacent farm operations must be buffered from a residential subdivision by a minimum 30-foot buffer as required by Future Land Use Element Policy 10.14A. Mr. Kampert reported three letters of opposition were received, citing primarily traffic concerns. He stated the Planning Commission recommended approval to transmit at its April 10, 2014 meeting, adding staff has no objections to this request. No one came forward to speak in favor of or in opposition to this request. Mr. Harris made motion, seconded by Mr. Boyles, to transmit this request for state review. 5 yeas. PUBLIC HEARING - TEXT AMENDMENT LPA 02-14, MID-BAY REGIONAL ACTIVITY CENTER (6:30 p.m., Transmittal Hearing) Mr. Stanford read the advertised legal notice for public hearing to consider Text Amendment LPA 02-14, adding new Policy 10.20 to the Comprehensive Plan Future Land Use Element, relating to the establishment of the Mid-Bay Regional Activity Center (RAC) as an overlay to the Future Land Use Map (FLUM). Mr. Kampert termed this a housekeeping detail. He said on February 18, 2014, the Board approved a boundary change for the May 6, 2014 -5- Minute Book 71, Page 39 Okaloosa County Board of County Commissioners RAC as described in Ordinance No. 14-06. As a follow-up, a Comprehensive Plan text amendment is required to authorize the location of the RAC on the FLUM. The new text, identified as Policy 10.20, must be sent for state review. The floor was opened for public comment. No one came forward to speak in favor of or in opposition to this request. Mr. Harris made motion, seconded by Mr. Amunds, to transmit this item for state agency review. 5 yeas. CONSENT AGENDA APPROVAL Mr. Windes stated Item #1. Airports: Verizon Wireless In Building Radio Distribution Agreement with Destin Airport is being removed from the agenda. Mr. Parisot asked for No. 10 to be considered separately. Mr. Harris made motion, seconded by Mr. Parisot, to