Fort Walton Beach Resolution — 2021-10--Conflict Resolution--TDD — reading text

proposed Countywide Tourist Development Taxing District. By initiating the Chapter 164 process, City Council encourages continued intergovernmental cooperation, communication, and coordination to reach a favorable resolution that promotes, protects, and improves the health, safety and welfare of both the City' s and Okaloosa County' s residents. If the conflict is not resolved on or before the conflict assessment meeting, then Chapter 164 provides for a joint public meeting of the full governing boards of the City and the County. That meeting must occur within fifty( 50) days of the date this letter is received by the County, unless both parties mutually agree to an extension of time. If a resolution of the conflict cannot be reached after the second meeting, Chapter 164 requires mediation of the dispute within twenty-eight( 28) days of the second meeting date. Due to the timing of the required meetings under Chapter 164, City Council recommends postponing the October 5, 2021, referendum date a minimum of sixty( 60) days to allow the conflict resolution process to conclude. Conducting a referendum on this subject prior to the conclusion of the conflict resolution process is not a responsible action by the County as any agreement reached as part of this process may result in changes to the referendum. The Chapter 164 process is mandatory once invoked, and the other Okaloosa County municipalities can participate if they choose to do so. The City Managers / Administrators and Mayors for all of the other municipalities will receive copies of this letter and resolution. I look forward to resolving this conflict with you as soon as possible. If you have any questions or require additional information, please contact me at mbeedie(ai)fwb.org or( 850) 833- 9612. Sincerely, Michael D. Beedie, P.E., ICMA-CM City Manager cc: City Managers/ Administrators & Mayors of the Cities of Crestview, Destin, Laurel Hill, Mary Esther, Niceville& Valparaiso and the Towns of Cinco Bayou& Shalimar  RESOLUTION 2021 - 10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA INITIATING CHAPTER 164, FLORIDA STATUTES CONFLICT RESOLUTION PROCESS; SETTING FORTH THE NATURE OF CONFLICTS WITH OKALOOSA COUNTY; AUTHORIZING THE CITY ATTORNEY AND THE CITY MANAGER TO IMPLEMENT SAID PROCESS; PROVIDING FOR NOTICE TO OKALOOSA COUNTY AND OTHER MUNICIPALITIES; AND PROVIDING FOR AN EFFECTIVE DATE. RECITALS: WHEREAS, the City of Fort Walton Beach, Florida ( the " City") is a Florida municipal corporation and political subdivision of the State of Florida; and WHEREAS, the City of Fort Walton Beach is within the Subcounty Tourist Development Special Taxing District (" the Current TDD") along with the City of Mary Esther, City of Destin, Town of Cinco Bayou, and Okaloosa Island; and WHEREAS, the Okaloosa County Board of County Commissioners has scheduled a referendum for October 5, 2021, where voters who reside outside of the Current TDD will vote on whether to affirm the expansion of the Current TDD from a sub-county special district to a single countywide district; and WHEREAS, the City of Destin, Florida initiated the dispute resolution process with Okaloosa County under Chapter 164, Florida Statutes on July 19, 2021, related to Okaloosa County' s planned expansion of the Tourism Development Tax District countywide and provided notice of the dispute to all other municipalities in Okaloosa County inviting them to join; and WHEREAS, the City has its own legal questions and concerns with the expansion process of the Tourist Development District, whether the method and procedures for collections of bed taxes in the Current TDD and proposed expanded TDD are legally sufficient and will preserve the Current TDD bed tax collections, and the proposed amendments to the Tourist Development Plan which will control the makeup of the Tourist Development Council; and WHEREAS, the City believes it necessary and prudent for it to join the conflict resolution process as a primary conflict governmental entity to ensure that the processes and procedures proposed by Okaloosa County are legally sufficient and does not disproportionately affect the City and other members of the Current TDD; and WHEREAS, the City Council after being advised by the City Attorney and City Manager believes the City' s best chance to resolve any conflicts with Okaloosa County is to be a primary conflicting governmental agency as defined in Chapter 164, Florida Statutes; and WHEREAS, the law requires the City Council to pass a resolution to employ the conflict resolution process as a primary conflicting governmental entity with Okaloosa County. eEFRIFlED A?RUE AND CORRECT COPY OF FORT WALTON BEACH 7:._ 2= C, m r  RESOLUTION 2021- 10 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. Each recital stated above is adopted herein and confirmed. Section 2. Nature of the Conflict. The City of Fort Walton Beach has both legal and policy concerns with whether the proposed expansion of the tourist development district method, the proposed method and procedures for collections of bed taxes in the Current TDD and the proposed expanded TDD, whether the expansion will jeopardize the current TDD members ability to maximize bed tax revenues, and how the tourist development plan will need to be amended should the expansion of the TDD to all of Okaloosa County be successful. Likewise, the City Council recommends the Board of County Commissioners of Okaloosa County postpone the referendum a minimum of sixty ( 60) days to resolve these outstanding conflicts. Section 3. Conflict Resolution Implementation. The City Council directs its City Attorney and City Manager to take all steps to begin the conflict resolution process provided for in Chapter 164 of Florida Statutes while preserving the City' s rights at law and in equity. The City Manager and City Attorney are authorized and directed to take all steps necessary and appropriate to implement this resolution and to use their discretion in such implementation to protect the interests of the City. Section 4. Notice to County and Other Municipalities. The City Attorney and City Manager shall mail a letter as referenced in section 164. 1052, Florida Statutes, along with a certified copy of this resolution to the Okaloosa County Administrator. Copies of the letter and resolution shall also be sent by email and regular mail to the head administrators/managers and mayors of Destin, Mary Esther, Cinco Bayou, Crestview, Niceville, Valparaiso, Laurel Hill, and Shalimar as each municipality has a substantial interest that may be affected by resolving the stated conflict. If these municipalities so elect, each may join in this proceeding, but no other municipality is required to join. Section 5. Effective Date. This resolution shall be effective immediately upon adoption by City Council and signature by the Mayor. Adopted: Ti.l Richard A. Rynearson, Mayor Attest: Approved for form, legal s = '- cy Kim M Barnes, City•Clerk 1, '`''!'. ! Dykes, Jr. C'- '' 7  171 0 on - 0 o o 11k 4: a. - o P- C 0 04z ttl til n co M I..... isi O ?r N to zw 2 ter ]° o 0S yin a but1' rE1B. o co til * N linommimmiwkw• rr al o r .F mo o 4 1 L iA O T N_ O 0 01 0 w D IV CO it J r IQ i al USPS. com® - USPS Tracking® Results Page 1 of 2 FAQs > USPS Tracking® Track Another Package + Remove X Tracking Number: 9171969009350250998048 Your item was delivered to an individual at the address at 1: 46 pm on August 2, 2021 in SHALIMAR, FL 32579. m CD CD Delivered, Left with Individual o- ro o pr August 2, 2021 at 1: 46 pm SHALIMAR, FL 32579 Get Updates u u Text & Email Updates u Return Receipt Electronic u Tracking History u Product Information See Less ^ text28 777=& tLabels... 8/ 5/ 2021 https:// tools. usps. com/