Okaloosa County BOCC — February 16, 2016 — Dec. 15, 2015 minutes — reading text

Nondiscrimination Policy and Limited English Proficiency Plan, and to authorize staff to enter it into the FTA’s TEAM System. Mr. Harris made motion, seconded by Mrs. Ketchell, to approve the staff recommendation. 5 yeas. GROWTH MANAGEMENT - PROPOSED CHANGES TO CODE ENFORCEMENT PROVISIONS OF THE COUNTY CODE Mr. Kampert stated the discussion on proposed changes to Code Enforcement provisions to the County Code was tabled at the December 15, 2015 -12- Minute Book 74, Page 65 Okaloosa County Board of County Commissioners December 1 meeting and the public hearing to consider those changes has been postponed. He referenced the Rosetta Stone used to track proposed changes. Mr. Kampert stated the scenario described by Mr. and Mrs. Sherry regarding the New York veteran whose home was demolished by a government agency while he recovered from surgery in Florida will not happen with adoption of the proposed changes for Code Enforcement. He stressed that any actions must be made by the Board of County Commissioner and not by Code Enforcement. Mr. Kampert briefly reviewed proposed changes. Mr. Goodwin stated he prefers that notifications be made by return receipt certified mail delivery. Consensus of the Board was to retain this language regarding notifications. Mr. Goodwin also said that the language 1is clear that the Board of County Commissioners must vote before any action is taken. Mr. Harris opined the 1language -empowers an overreach of government and could tie the county up in litigation. He said the public will be on the hook in those instances when "“you can’t get blood out of a turnip.” Mr. Harris advised that he cannot support the proposed changes. Mr. Boyles pointed out this item will again be before the Board in January. GROWTH MANAGEMENT - BLUEWATER BAY CURACAQ/SOUTHWIND DRAINAGE HAZARD MITIGATION GRANT AGREEMENT Mr. Kampert stated one year ago the Board gave authorization to apply for a Florida Division o¢f Emergency Management (EFDEM) Hazard Mitigation Grant on behalf of the Bluewater Bay MSBU. The FDEM has approved the project and provided an agreement which breaks the project into two phases. Phase I consists of the study, as well as the design and permitting of the improvements needed to alleviate the flooding problems. Phase II will be the actual construction of the drainage improvements. The cost for Phase I is $130,240 for which the federal share 1is $97,680 or 75%. The local match (25%) 1is $32,560. The estimated cost for Phase II is $269,225 with a 75/25 split. Local match for this phase would be $67,306.25. Mr. Kampert stated with regard to Phase I, the MSBU proposes to provide $22,560 with the county provided the remaining $10,000 December 15, 2015 -13- Minute Book 74, Page 66 Okaloosa County Board of County Commissicners through in-kind services. A determination will be made on the exact amount of Phase II based on the results of Phase I. Mr. Windes made motion, seconded by Mrs. Ketchel, to authorize the Chairman to sign the agreement attached to the agenda request and any other associated grant documents. Further, if the grant agreement is approved, authorization is given to enter into a written agreement between the Bluewater Bay M3SBU and the county. 5 yeas. Mr. Felix Beukenkamp, BRluewater Bay MSBU Board of Directors, stated earlier tonight he delivered checks to Finance Officer Gary Stanford. He reported the cash contribution from the MSBU at this point is $11,567. OLD BUSINESS - INTERLOCAL AGREEMENT WITH CITY OF CRESTVIEW FOR COORDINATION OF PERMITTING ISSUES FOR THE CRESTVIEW COURTHOUSE Mr. Hofstad stated the Board directed staff to ramp up plans for the Okaloosa County Courthouse 1in Crestview following the results of the analysis on the facility. He said the plan is to expedite the process and to limit down time in Crestview. Mr. Hofstad underscored the importance of working with the City of Crestview regarding plan review, permitting and inspections. Mr. Hofstad noted slight revisions have been incorporated into the proposed interlocal agreement with the City. The revisions have been sent to the City Attorney, Fire Chief and BCC staff. Mr. Harris made motion, seconded by Mrs. Ketchel, to approve this interlocal with the City of Crestview. 5 yeas. OLD BUSINESS - REFUGEE RESOLUTION Mr. Goodwin stated he has reviewed the revised and toned-down version of the resolution attached to the agenda. He said he believes it comes from a position of strength and made motion, seconded by Mr. Harris (for discussion), to approve the resolution. Mrs. Ketchel asked if the following friendly amendment is acceptable: Add WHEREAS, that concern is significantly greater in Okalocosa county where there are numerous military facilities and Department of Defense support func- tions that provide essential security for our nation December 15, 2015 -14- Minute Book 74, Page 67 Okaloocsa County Board of County Commissioners and which the pctential of terrorism directed toward those operations could be increased; and There was a brief discussion on which version of the resoclution is being considered. Mr. Goodwin clarified that if the proposed resolution which is attached to the agenda. He stated he will accept Mrs. Ketchel suggested amendment, noting that he will accept the two “WHEREAS” clauses on the secondary version. NOTE: The second WHEREAS clause accepted by Mr. Goodwin but not specifically identified for the record is: WHEREAS, the Board of County Commissioners believe that a more effective solution to the refugee issue would be for their relocation within other areas in in their region, with financial assistance by the United States; and Mrs. Ketchel stated the subject resolution recommends forwarding to the President and others and asked if the resolution can be sent only to the Governor. Mr. Goodwin replied that he respectfully will not accept that friendly amendment. He explained that it is important to get this to Washington. Mr. Goodwin said the needs of the citizens are being ignored. Mrs. Ketchel replied that seems overreaching and she cannot support it. Mr. Harris asked why she is opposed to sending it to the President. Mrs. Ketchel answered that she believes other counties have sent similar resolutions to Governor Scott and questioned any “flag waiving” in front of this administration. She noted the unique situation in Okaloosa County with its military bases. Discussion ensued, including clarification of the version to be approved and the two friendly amendments. Mr. Windes said he appreciates Mrs. Ketchel’s concerns about the “overreach” but also appreciates Mr. Goodwin’s position, pointing out he did accept two friendly amendments. Mr. Boyles stated he does not disagree with the resolution but thinks the current draft is an overreach and said he believes it should be coming from our citizens groups. He stressed “I want them to protect the homeland” and added that he wants the federal government to stay out of the business of local governments. Mr. Boyles reiterated he does not believe this December 15, 2015 -15- Minute Book 74, Page 68 Ckaloosa County Board of County Commissioners body is the right one to make this statement and advised he will vote against this resolution. Mr. Harris disagreed and said the commissioners have a responsibility to be the citizens’ voice. Mrs. Ketchel shared that she has struggled with the resolution and pointed out how much time has been taken up with this issue. She acknowledged the emotions the people are feeling and their lack of confidence in the federal government. Mrs. Ketchel addressed the potential of cultural clash and stated she favors relocating the refugees within their region. She said she will support the motion. 4 yeas, 1 nay. (Mr. Boyles voted no.) RESOLUTION NO. 15-259 NEW BUSINESS - RESOLUTION OPPOSING TOURIST DEVELOPMENT TAX BILL Mr. Boyles stated the draft resolution opposes pending State legislation concerning tourist development taxes. The agenda request states & new bill has been proposed by the Finance & Tax Committee in the Florida House of Representatives and would mandate 20% of all tourist development taxes paid throughout the state and currently collected to be automatically sent to Tallahassee and earmarked to support Enterprise Florida. He noted the proposed resolution mirrors the one prepared by Bay County. Mr. Boyles recommended Item #2 “The Commission objects to any expansion of the use of the tourist development tax beyond what 1is currently allowed by law” be stricken from the resolution. Mr. Harris made motion, seconded by Mrs. Ketchel, to amend the resolution by striking Item #2. Mrs. Ketchel said she does not believe this is a bill at this time but a proposal made by a group of people before the Finance & Tax Committee. She commented the resolution should be phrased to state the Board opposes the idea. Mr. Windes felt it would be smart to make that clarification and said “it would be a shot across the bow.” Mr. Harris amended his motion to say the “proposed bill.” Mr. Stewart asked if there is any objection to state opposition to any such proposal. Mr. Harris responded he will accept that language. Mr. Goodwin stated he appreciates the caution as stated in the resolution but he feels changes are needed in the statutes. He said Bay County has been using tourist tax revenue for law enforcement for years. Mr. Goodwin stated he would like to see December 15, 2015 -16- Minute Book 74, Page 69 Okaloosa County Board of County Commissioners dialogue with the local delegation rather than adoption of the resolution. Mrs. Ketchel responded that she opened that dialogue with Representative Matt Gaetz. She said Okaloosa County has been advised that use of the tourist taxes for law enforcement is illegal. Mr. Windes asked why not have dialogue and adopt the resolution. The vote was taken—4 yeas, 1 nay. (Mr. Goodwin voted no.) RESOLUTION NO. 15-260 PUBLIC COMMENTS Ms. Kathleen Reed, Shalimar, stated she has been in the area for more than fifty years and has a BS Degree in Animal Science from the University of Florida. She said she went to the rookery on Okaloosa Island yesterday and saw two birders. Ms. Reed spoke about the Rookery Reserve in Naples, Florida, and said she believes the one on Okaloosa Island is an under used asset. She encouraged the county to take it more seriously and cquestioned the use of pressure treated wood for boardwalks, saying it is toxic. Mr. Terry Shoemaker thanked the Board for adopting the resolution opposing relocation of refugees to Okaloosa County. ADJOURNMENT There being no further business to come before the Board, the meeting was adjourned at 8:25 p.m. J. D. PEACOCK II NATHAN D. BOYLES, CHAIRMAN CLERK OF CIRCUIT COURT BOARD OF COUNTY COMMISSIONERS (These minutes were transcribed by Teresa Ward.) December 15, 2015 -17- Minute Book 74, Page 70 Okaloosa County Board of County Commissioners