JUNE 23, 2015 - Walton County Clerk of Court

Transcription

JUNE 23, 2015 - REGULAR MEETING The Board of County Commissioners, Walton County, Florida, held a Regular Meeting
on June 23,2015 at 9:00 a.m. at the Walton County Courthouse in DeFuniak Springs, Florida.
The following Board members were present: Commissioner Bill Imfeld, Chainnan;
Commissioner Sara Comander, Vice-Chainnan; Commissioner W. N. (Bill) Chapman;
Commissioner Cecilia Jones; and Commissioner Cindy Meadows. Mr. Larry Jones, County
Administrator; Attorney Mark Davis, County Attorney; and Mr. Alex Alford, Clerk of Court and
County Comptroller; were also present.
Chainnan Imfeld called the meeting to order.
Motion by Commissioner Comander, Second by Commissioner Jones, to approve the
agenda revisions as follows. Ayes 5, Nays O. Imfeld Aye, Comander Aye, Chapman Aye, Jones
Aye, Meadows Aye.
1. Addition: Consent Agenda-Approve Developer Agreement for the benefit of Pensacola
FG, LLC, a Florida limited liability company, and Pinnacle Bank for a parcel in the
Mossy Head Industrial Park and authorize the Chainnan to execute
2. Addition: Consent Agenda -Adopt a resolution approving a temporary road closure
pursuant to completion of Bartlett Road Bridge over Gum Creek as requested by Florida
Department of Transportation and State of Florida Department of Transportation Off
System Project Agreement
3. Addition: County Administrator-Request to hold BCC Workshop on July 14, 2015 at
3:00 p.m. to discuss Stonnwater Assessment Projects from Engineers
4. Addition: TDC-Request to approve a contract with the South Walton Reef Association
5. Addition: Planning and Development Services-Request to approve allocation of $25,000
in SHIP Program Rehabilitation Strategy funds to eligible applicants within the City of
Freeport over the FY 2015-2016 and FY 2016-2017 program years to provide additional
leverage for the City of Freeport CDBG Grant applications subject to legislative
appropriation of SHIP funds.
Motion by Commissioner Chapman, Second by Commissioner Comander, to approve the
agenda with revisions as approved. Ayes 5, Nays O. Imfeld Aye, Comander Aye, Chapman Aye,
Jones Aye, Meadows Aye.
June 23,2015 - Regular Meeting
Prepared by: Kimberly Wilkins
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There were no public comments.
Motion by Commissioner Comander, Second by Commissioner Jones, to approve the
Consent Agenda as follows. Ayes 5, Nays O. Imfeld Aye, Comander Aye, Chapman Aye, Jones
Aye, Meadows Aye.
l. Approve Expenditure Approval List (EAL)
General Fund County Transportation SHIP Fine & Forfeiture Section 8 Housing Tourist Dev. Council N.W. Mosquito Control
Recreation Plat Fee
Solid Waste Enterprise
Bldg Dept/Enterp. Fund
Imperial Lakes MSBU
Leisure Lake MSBU
Capital Projects Fund
Mossy Head Ind. Park
Totals
$ 943,385.66
$ 725,976.99
$ 50,030.00
$ 94,569.14
$
86.12
$1,149,601.55
$ 126,357.08 $ 30,331.00 $ 502,475.21 $
936.81 $
2,517.66 $
1,812.00 $ 43,604.35 $ 105,910.95 ~3!777!594.52 2. Approve minutes of June 9, 2015 Regular Meeting
3. Approve to surplus 3 trucks from the Building Department for the 2015 County Auction
4. Approve to expend up to $15,000 from District 4 Recreational Plat Fees for playground
equipment at Legion Park
5. Approve for the Sheriffs Office to apply for the FY 2015 Edward Byrne Memorial
Justice Assistance Local Grant
6. Approve State Housing Initiative Partnership (SHIP) Subordination request from Amy
Hart, homeowner
7. Approve a Resolution (2015-47) amending the budget for FY 2014-2015 to account for
unanticipated insurance proceeds in the Fine and Forfeiture Fund in the amount of
$9,629.00
8. Approve and authorize the Chairman to sign a contract with Taylor Engineering for
Coastal Management Consulting Services (RFQ 015-023) as requested by TDC
9. Approve and authorize the Chairman to sign a service agreement for clipping services
with Burrelles Information Services, LLC
10. Approve and authorize the Chairman to sign a contract with Strategic Advisory Group,
LLC for Strategic Planning Services (RFQ 015-011)
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11. Approve Exercise of Second Option to Renew Agreement for Preventative Maintenance
and Repair to Multiphase Traffic Control Signals with Murdock Investments, LLC for
one additional year
12. Approve the Florida Department of Corrections Work Squad Agreement WS797 (Parks)
draft Amendment and draft Addendum A
13. Approve Developer Agreement for the benefit of Pensacola FG, LLC, a Florida limited
liability company, and Pinnacle Bank for a parcel in the Mossy Head Industrial Park
(MHIP)
14. Adopt a Resolution (2015-49) approving a temporary road closure pursuant to
completion of Bartlett Road Bridge over Gum Creek Road as requested by the Florida
department of Transportation and State of Florida Department of Transportation Off
System Project Agreement
(Additions: underscore; Deletions-strikethrough)
Mr. Jones announced that FedEx Ground will be locating in the Mossy Head Industrial
Park (MHIP). The facility will include a 213,508 square foot distribution facility with 465
parking spaces, but the number of jobs to be created is not yet known. Mr. Jones stated that this
would be a 24 hour operation and that approximately $20 million will be invested in Walton
County on this site. He said closing is scheduled for June 25, 2015 and that construction would
begin within the next 10 days. Chairman Imfeld voiced his gratitude to everyone who has
worked to make economic development a top priority in Walton County.
Ms. Linda Sumblin, CareerSource Okaloosa-Walton, requested approval of the FY 2015
2016 Initial Budget. She reported that the budget year begins on July 1 and ends on June 30. She
briefly reviewed the programs and accomplishments of CareerSource.
Motion by Commissioner Comander, Second by Commissioner Jones, to approve the FY
2015-2016 Initial Budget for CareerSource Okaloosa-Walton. Ayes 5, Nays O. Imfeld Aye,
Comander Aye, Chapman Aye, Jones Aye, Meadows Aye.
Mr. Mike Weimorts briefly discussed the history of the Daughettte Canal, the MSBU
Maintenance Assessment, and the debt that was incurred due to the underestimated costs of
dredging the canals. He requested the following: an advancement of S20,000 to secure services
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with Government Services Group (GSG); and to increase the assessment to repay the debt, fund
future dredging, and pay-off GSG. Commissioner Chapman asked what the total debt was. Mr.
Thomas Pigot stated that the current debt is $52,000 with five years left on the loan. Chairman
Imfeld referenced an email from GSG in which quarterly payments could be established. Mr.
Weimorts said that GSG was not willing to take quarterly payments due to the uncertainty of the
acceptance of the increased assessment. Discussion continued on paying off the debt, costs
which were incurred, and assessment amount per member. Chairman Imfeld directed staff to
meet with Mr. Weimorts and Mr. Pigot to compile the information needed to consider an
increase in the assessment.
Mr. Larry Jones, County Administrator, requested approval of an Amendment with
Forest View, LLC in relation to the construction of the access road for the new South Walton
Sports Complex. He briefly discussed the five changes listed in the amendment. Commissioner
Meadows questioned what the width of the roadway was. Mr. Jones stated 66 feet.
Motion by Commissioner Meadows, Second by Commissioner Comander, to approve the
Amendment to the Forest View, LLC agreement for the construction of the access road for the
new South Walton Sports Complex. Ayes 5, Nays O. Imfeld Aye, Comander Aye, Chapman Aye,
Mr. Jones presented for consideration a proposal to purchase a 44 acre parcel located next
to the Wee Care Park in DeFuniak Springs, Florida. Commissioner Comander questioned how
the property could be used. Mr. Jones stated that ball fields could be extended and suggested that
the City of DeFuniak Springs be included in the discussions. Discussion continued on the
relocation of Gene Hurley Park, utility right-of-way, and possible uses. Commissioner Jones
suggested that staff contact a realtor to get an approximate price. She stated that all the parcels
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being considered for purchase by the county needed to be prioritized. The Board concurred to
direct staff to gather the needed information.
Mr. Jones requested to hold a Special Meeting on July 14, 2015 at 3:00 p.m. at the
Walton County Courthouse in Santa Rosa Beach, Florida, to discuss storm water assessment
projects from engineers.
Motion by Commissioner Comander, Second by Commissioner Jones, to approve to hold
a Special Meeting on July 14,2015 at 3:00 p.m. at the Walton County Courthouse Annex, Santa
Rosa Beach, Florida.
Commissioner Meadows asked what format the information would be presented. Mr.
Jones stated that the engineers would provide a cost benefit analysis and a high-level view for
comparison. He stated that the Commissioners would be briefed individually prior to the
meeting. Commissioner Meadows suggested that criteria to determine the priority level also be
presented.
Ayes 5, Nays O. Imfeld Aye, Comander Aye, Chapman Aye, Jones Aye, Meadows Aye.
Mr. Jones requested to award RFQ 015-009-Walton Bridge Road Engineering Services,
to Atkins North American, Inc. and approve the agreement for construction evaluation and
inspection services (CEI) in the amount of$186,734.92.
Motion by Commissioner Meadows, Second by Commissioner Comander, to award RFQ
015-009-Walton Bridge Road Engineering Services to ATKINS North America, Inc. and
approve the agreement for CEI services in the amount of $186,734.92. Ayes 5, Nays O. Imfeld
Aye, Comander Aye, Chapman Aye, Jones Aye, Meadows Aye.
Mr. Jones requested approval of Change Order No. 1 to the North Walton Mosquito
Control Building Site Improvement (lTB 015-019) with RBM Contracting Services, LLC in the
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amount of $6,975 and increase the contract time two calendar days. This request is to include a
perimeter fence for the facility.
Motion by Commissioner Comander, Second by Commissioner Jones, to approve Change
Order No.1 to the North Walton Mosquito Control Building Site Improvement (015-019) in the
amount of $6,975 and increase the contract time two calendar days. Ayes 5, Nays O. Imfeld Aye,
Mr. Jones requested to approve the Florida Department of Transportation (FDOT)
Intersection Safety Improvement Maintenance Agreement. He reported that FDOT will fund and
install the improvements and the county will be responsible for maintenance.
FDOT Intersection Safety Improvement Maintenance Agreement. Ayes 5, Nays O. Imfeld Aye,
Mr. Jones requested to adopt a Resolution (2015-48) establishing support for the lower
Choctawhatchee Basin Unpaved Road Impact Prioritization, Restoration Planning, and
Corrective Measures Project. He discussed a similar project which was submitted by FDEP to
the National Fish and Wildlife Federation in 2013, but was not selected for funding. There is an
alternate funding source and FDEP has modified the original proposal to submit to the Gulf
Environment Benefit Fund.
Motion by Commissioner Comander, Second by Commissioner Chapman, to adopt
Resolution 2015-48 establishing support for the lower Choctawhatchee Basin Unpaved Road
Impact Prioritization, Restoration Planning and Corrective Measures Project.
Commissioner Meadows asked if there was a map of the lower basin boundaries and if
roads in south Walton were included. Mr. Cliff Knauer, Preble-Rish, stated that it included all
June 23, 2015 Regular Meeting
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roads which boundary the bay in Walton, Washington, and Holmes counties. Commissioner
Meadows asked Mr. Knauer to provide a map of the Walton County boundary area.
Ms. Anita Page asked how this project affected stormwater. Mr. Jones replied that paving
projects will require a DEP approved stormwater plan. Ms. Page questioned if a master plan was
available for that area. Mr. Jones stated that he was not aware of a plan.
Mr. Jones requested authorization for the Chairman to sign an Amendment to Grant
Agreement #HL021 with the State of Florida Department of Economic Opportunity (DEO)
(infrastructure improvements to the Mossy Head Industrial Park) extending all current deadlines
by one year.
Motion by Commissioner Comander, Second by Commissioner Jones, to authorize the
Chairman to sign an amendment to DEO Grant Agreement #HL021. Ayes 5, Nays O. Imfeld
Aye, Comander Aye, Chapman Aye, Jones Aye, Meadows Aye.
Mr. Jones requested to renew the appointment of Dr. James Howell as EMS Medical
Director through the end of the fiscal year (September 30, 2015) to allow time for negotiations.
Motion by Commissioner Jones, Second by Commissioner Meadows, to renew the
appointment of Dr. James Howell as EMS Medical Director through September 30, 2015 to
allow time for negotiations. Ayes 5, Nays O. Imfeld Aye, Comander Aye, Chapman Aye, Jones
Aye, Meadows Aye.
Mr. Jones requested approval of the Air Methods Corporation International Agreement
for Professional Services and Certificate of Public Convenience and Necessity to provide
advanced and basic life support services.
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Motion by Commissioner Meadows, Second by Commissioner Comander, to approve the
Air Methods Corporation International Agreement for Professional Services and Certificate of
Public Convenience and Necessity to provide advanced and basic life support services. Ayes 5,
Nays O. Imfeld Aye, Comander Aye, Chapman Aye, Jones Aye, Meadows Aye.
Mr. Jim Bagby, TDC Executive Director, requested approval to order an additional
30,000 copies of the 2015 Visitor Guide in the amount of $56,675. The additional copies should
last through the end of the year.
Motion by Commissioner Com ander, Second by Commissioner Jones, to approve to
order an additional 30,000 copies of the 2015 Visitor Guide in the amount of$56,675.
Commissioner Comander asked if the guides were mailed out or if they were only
available for pick-up at the Visitor's Center. Mr. Bagby stated that both methods were used.
Mr. Bagby reported that the Board approved at the June 9, 2015 meeting to fund up to
$150,000 for the installation of a snorkel reef off of Grayton Beach State Park. He requested
approval of the agreement with South Walton Reef Association for the installation.
Motion by Commissioner Chapman, Second by Commissioner Meadows, to approve the
agreement with South Walton Reef Association for the installation of a snorkel reef off of
Grayton Beach State Park.
Ms. Suzanne Harris congratulated Mr. Bagby on the increase of the bed tax collection.
She requested that the Board consider a reduction in bed tax and give the bed tax collectors an
opportunity to bring the rates up.
June 23,2015 Regular Meeting
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Mr. Bagby reported that the Topsail parking program results show a 92% increase in
May, 2015 over May, 2014. He announced that the FY 2017 Events Workshop will be held June
25,2015 at 9:00 a.m. He reported that the new website has gone live. The latest turtle nest count
is 33 nests.
Commissioner Comander asked to present her agenda item while Mr. Bagby was present.
The Board concurred. Commissioner Comander discussed the bed tax possibilities which will
become available upon the completion of the U.S. 331 widening project. She stated that there are
several tourism related events which are held north of the bay that could benefit from bed tax
funding.
Commissioner Comander requested that research be done to determine what steps
should be taken to collect bed tax north of the bay and to expand the current TDC or to create a
separate TDC for the north Walton area. She stated that both Freeport and DeFuniak Springs
support the initiative. Commissioner Meadows suggested privatizing the TDC to allow for the
creation of two agencies. Mr. Bagby stated that he would bring back that information.
Attorney Mark Davis, County Attorney, briefly discussed the bid process for RFP 015
025 Auctioneering Services and stated that research found that the bidding process was correctly
followed. He discussed the concept of a piggy-back contract in which one county would accept
and comply with the terms of the other county's contract as written at the consent of the vendor.
He reported that Leon County is currently contracting with Midway Machinery & Auction, LLC
and both Leon County and Midway are amenable to allowing Walton County to piggy-back on
their contract. The piggy-back contract is less than what was bid. He reiterated his confidence in
the RFP process and recommended entering into a piggy-back contract with Leon County and
Midway Machinery & Auction, LLC for auctioneering services.
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Commissioner Meadows asked if Midway Machinery was currently under contract with
Walton County. Attorney Davis stated that the contract has expired.
Commissioner Comander exited the meeting.
Motion by Commissioner Jones, Second by Commissioner Chapman, to approve the
piggy-back contract with Leon County and Midway Machinery & Auction, LLC for
auctioneering services. Ayes 4, Nays O. Imfeld Aye, Comander Absent, Chapman Aye, Jones
Aye, Meadows Aye.
Attorney Davis requested the Board to authorize the Design Review Board to conduct
three additional public workshops regarding building material, approved colors, and landscaping
materials.
Motion by Commissioner Chapman, Second by Commissioner Meadows, to authorize the
Design Review Board to hold three additional public workshops regarding building materials,
approved colors, and landscaping materials. Ayes 4, Nays O. Imfeld Aye, Comander Absent,
Chapman Aye, Jones Aye, Meadows Aye.
Commissioner Comander returned to the meeting.
Attorney Davis requested to approve the Litigation matrix and ratify the actions taken by
the Office of County Attorney and the appropriate outside counsel through June 15, 2015. He
reported that on June 22, 2015, the District Court of Appeals upheld Judge Green's ruling in
DeFrancesch v. Walton County in favor of the county. Commissioner Meadows asked if Warner
Law Firm would present a proposal for the July 7, 2015 mediation regarding Yellow House 30A,
LLC v. Walton County. Attorney Davis stated that a tentative proposal would be presented at
mediation and would be presented to the Board for action. Commissioner Meadows asked if the
county had agreed to enter into settlement negotiations. Attorney Davis said that the negotiations
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were ordered in mediation. Commissioner Meadows asked if the court could require the county
to change the land use. Attorney Davis clarified that the court has only required mediation to
settle the issue.
Motion by Commissioner Comander, Second by Commissioner Jones, to approve and
ratify the Litigation matrix and actions taken by the Office of the County Attorney and
appropriate counsel through June 15, 2015. Ayes 5, Nays O. Imfeld Aye, Comander Aye,
Chapman Aye, Jones Aye, Meadows Aye.
Commissioner Meadows spoke in support of lowering the bed tax.
Commissioners Comander, Jones, Chapman and Chairman Imfeld had no items to
present, but wished everyone a safe
4th
of July holiday. Commissioner Comander encouraged
everyone to attend the 26 th Annual 4th of July Celebration in DeFuniak Springs, FL.
Mr. Chester Carter discussed the environmental issues associated with Azland 1 LSA
which was approved for transmittal to DEO on June 9, 2015 and the proposed construction and
debris (C & D) landfill project for this location. Chairman Imfeld said that a landfill project has
not been presented to the county for approval. Mr. Jones stated that the Board took action to
correct the land use on this parcel and said that there is no application for a C & D landfill or any
development on this site.
Ms. Bonnie McQuiston discussed the need to have policies and procedures which outline
the methods and reasons for developing ordinances. She requested that the County Attorney be
directed to prepare a policy which will question why an ordinance is being constructed, who will
be affected by the ordinance, the cost of implementing the ordinance, and how the ordinance will
be enforced. Chairman Imfeld directed that the policy be pursued.
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Dr. Don Riley reported that he has addressed with the State Attorney General a violation
of the First Amendment rights by the Board. Dr. Riley also discussed a 2008 email from Ms.
Melissa Ward to Ms. Pat Blackshear admitting to a miscalculation in recreation fees on a 2005
project with an assessed value of$12,285,000. The five percent fees were calculated on $12,285
not the assessed value. He reported that the total fees should have been $614,250, not $614. Dr.
Riley then read a 20] 5 email from Ms. Blackshear to Attorney Davis which stated that she had
not seen the 2008 correspondence and alleging that the correspondence was fabricated. He
reported that the State Attorney's Office is investigating this issue. He voiced his concern at the
length of time it has taken to discover this error and strongly encouraged the Board to resolve the
issue. Chairman Imfeld said that staff has been working with the County Attorney to determine
proper recourse and are at a standstill until a response from the State Attorney's Office has been
received. Commissioner Meadows recommended contacting the Auditor General to insure a fair
rendering. Attorney Davis stated that the document was discovered by Planning staff during a
review of a building permit and immediately turned it over to the County Attorney's Office who
then submitted it to State Attorney's Office. He reported that the State Attorney's Office has
been given full cooperation by staff and that he would contact the Auditor General at the
direction of the Board.
Mr. Bob Hudson briefly discussed his history in accounting and auditing. He told of the
gains that the county has made in creating policies on collecting on Letters of Credit with the
help of the Walton County Tax Payer's Association. He addressed the recreation fee error, the
loss of nearly $614,000, and encouraged the Board to address the issue.
Ms. Suzanne Harris addressed the recreational fees issue and requested that an
accounting of all recreational buyout fees be done before allowing any other buyouts. She
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announced that she would be asking Rep. Matt Gaetz to direct the State Auditor to investigate
this issue.
Ms. Pat Blackshear responded to the remarks regarding the recreational fee issue. She
agreed that this issue needed to be investigated at a higher level and asked that the memo be
compared to other documents from that department for authenticity. She reported that she has
fully cooperated with the State Attorney's Office.
Ms. Anita Page discussed earlier remarks made by Ms. McQuiston regarding ordinance
procedures and suggested that multiple workshops be held prior to the adoption hearings and
more explanation given in the ordinance title. She felt that more workshops are needed for the
Coastal Dune Lakes Ordinances.
Mr. Art Miller discussed the recreational fees issue and voiced concern that the developer
did not find nor correct the error. Commissioner Meadows expressed concern that if this issue is
not resolved quickly and properly, then it could affect the receipt of RESTORE Act funds.
Mr. Andy McAlexander stated that the reef off Grayton Beach State Park would be
deployed the week of July 6
10, 2015 due to a delay in the pylons.
Chairman Imfeld directed Attorney Davis to contact the Auditor General regarding the
investigation of the recreation fees.
The meeting was recessed 10:45 a.m. and reconvened at 10:56 a.m.
Mr. Wayne Dyess, Planning and Development Director, requested to approve the
allocation of $25,000 in SHIP Program Rehabilitation Strategy funds to eligible applicants
within the City of Freeport over the FY 2015-2016 and FY 2016-2017 program years to provide
additional leverage for the City of Freeport CDBG Grant Applications subject to legislative
appropriations of SHIP funds.
June 23, 2015 ~ Regular Meeting
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allocation of $25,000 in SHIP Program Rehabilitation Strategy funds to eligible applicants
within the City of Freeport over the FY 2015-2016 and FY 2016-2017 program years. Ayes 5,
Nays O. Imfeld Aye, Comander Aye, Chapman Aye, Jones Aye, Meadows Aye.
Mr. Dyess presented for first reading the Storm Water Management Policies Ordinance
amending Chapter 5 of the Walton County Land Development Code (LDC), adding a minimum
finish floor elevation requirement; adding a requirement for stormwater management on lots of
record with no stormwater management system in place; revising stormwater performance and
design standards in the LDC for consistency with the Walton County Comprehensive Plan.
Mr. Greg Graham, Public Works Engineer, stated that Public Works observed during
flood events that a number of homes were built below the adjacent crown of the roadway and
suggested a policy to require new construction be built one foot above the adjacent crown of the
road unless there are some unusual site circumstances which would require a deviation request. It
was also observed that a number of homes in south Walton were built without a stormwater
management plan which therefore increased the amount of stormwater in the watershed. He
suggested a policy which requires a stormwater management plan for new construction. Mr.
Graham said that it was also discovered that the Design Performance Standard in the
Comprehensive Plan was not consistent with the standards outlined in the Land Development
Code. He said that the standards were revised to be consistent with the Comprehensive Plan. He
said that it was brought to his attention prior to the meeting that the minimum finished floor
elevation could create a number of non-conforming structures and said that the intent was to
have new home construction to be adequately situated above the lands which are protected from
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flooding. Commissioner Meadows said that this is a critical issue that could help with the run off
into the Coastal Dune Lakes.
Attorney Davis stated that he has had a couple of requests for workshops to be held
before the second reading. Commissioner Comander asked if these would be staff workshops.
Attorney Davis stated that these would be conducted by the Board.
Motion by Commissioner Chapman, Second by Commissioner Meadows, to approve to
send to a second hearing and hold workshops prior to second hearing.
Attorney Davis stated that if substantial changes are made during the workshops, then the
ordinance would be returned for a first reading.
Ms. Anita Page spoke in favor of the workshops and discussed the lot by lot stormwater
management plan. She encouraged the return to a master drainage plan approach. Commissioner
Meadows said that a master stormwater plan could not be implemented in old subdivisions with
no Homeowners' Associations. She voiced that this is a first step to correct the stormwater
issues. Discussion continued on stormwater master plans.
Mr. Dyess presented for transmittal to Department of Economic Opportunity (DEO) the
Coastal Dune Lake Protection Zone (CDLPZ) Comprehensive Plan Ordinance amending Policy
C-IA.I of the Comprehensive Plan regarding the Coastal Dune Lake Protection Zone and
Coastal Protection Zone; providing for severability; codification, and an effective date. The
request is to remove the 75% preservation requirement from the Comprehensive Plan and put
into the Land Development Code (LDC). He briefly discussed the history of the request. Staff
recommends approval of the changes to the Comprehensive Plan and to transmit to DEO for
review. Commissioner Comander asked Attorney Davis if DEO does not approve this change
June 23, 2015 - Regular Meeting
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would action taken today need to be undone. Attorney Davis replied that if the Board voted to
amend the Comprehensive Plan any subsequent or companion changes consistent with the
change the Comprehensive Plan would be undone. Commissioner Comander voiced that the
other changes needed to wait until this request was approve by DEO. Attorney Davis stated that
a second hearing on the Land Development Code could be withheld until a response from DEO
is received. Mr. Dyess said that these changes will not go in to affect without the approval of
DEO and adopted by the Board. Mr. Jones clarified that this only applies to the removal of the
75% preservation from the Comprehensive Plan.
Commissioner Meadows said that it had been considered to divide up the issues and
address them individually. She asked to address the following issues: the effects on existing
structures; the vegetative clearing area increase to 50%; and the moving of the 75% preservation
area out ofthe Comprehensive Plan to the LDC. Mr. Dyess stated that approximately seven LDC
related items have been identified and one item relating to the Comprehensive Plan. Discussion
ensued as to the order the issues will be addressed.
Mr. Jones addressed the affects on existing structures and said that it was discussed to
add language saying that upon adoption, any existing structure along a Coastal Dune Lake will
be considered conforming. If a structure is damaged greater than 50%, it could be rebuilt within
its original foot print and must meet current building code requirements.
Commissioner Chapman asked for clarification on what would be considered the foot
print. Mr. Dyess stated that the foot print is described as the building foundation and does not
usually include structures, but in cases of storm damage, then decks could be considered as a part
of the foot print. Commissioner Meadows stated that foot print is defined in 4.02.04(C) of the
proposed CDLPZ Land Development Code Ordinance and understood the definition to include
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everything that is built on the lot could be restored. Commissioner Comander asked if the
structures on the property were destroyed, could a single foundation be rebuilt encompassing the
entire foot print. Mr. Dyess stated an analysis regarding the previous structure and the location of
decks, etc. would be done. The applicant would then be required to rebuild within that square
footage. The structure could be rebuilt further from the lake but not closer. Commissioner
Meadows questioned if a two story house could be erected in the same foot print as a destroyed
single story home. Mr. Dyess stated that it was based on ground floor square footage. Mr. Jones
clarified that the same pre-storm configuration could be rebuilt post-storm. The 80ard concurred
to have this language included.
Commissioner Meadows questioned the difference between Legal Nonconforming and
Conforming Structures (4.02.04(8) and (C)). Mr. Dyess discussed the differences between the
restrictions. Commissioner Meadows requested that the language included in the last sentence of
Conforming Structures be included in Legal Nonconformity. Commissioner Meadows asked if
all structures were to be deemed conforming how could legal nonconformity exist. Mr. Dyess
stated that 4.02.04(8) would be removed.
Mr. Dyess stated that tributaries are not currently defined and clarification would be
included in 4.02.02(8).
Mr. Scott Caraway, Public Works, discussed the proposed definition of tributaries.
Commissioner Meadows asked about mosquito control ditches. Mr. Caraway stated that
mosquito control ditches are man-made and would not be considered a tributary.
Mr. Jones clarified that the 80ard had requested the following language changes: L
Move the 75% preservation lanbruage from the Comprehensive Plan to the LDC; 2. Language to
consider nonconformities as conforming beginning with the date of adoption; and 3. Address the
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foot print issues. Mr. Dyess talked about the other issues which were discussed during the May
18,2015 Special. Mr. Jones said that the issues could be dealt with individually.
Commissioner Meadows asked if structures could be expanded up to 50% after they have
been conforming. Mr. Dyess stated that once it is considered conforming it can be expanded up
50% as long as it meets current regulations.
Mr. Dyess stated that there are two Planning items to be considered tonight: the CDLPZ
Comprehensive Plan Ordinance and the CDLPZ LDC Ordinance. He suggested addressing the
CDLPZ Comprehensive Plan issue first as it will affect the CDLPZ LDC.
Motion by Commissioner Comander, Second by Commissioner Chapman, to move the
current 75% preservation requirement from the Comprehensive Plan to the Land Development
Code and transmit the CDLPZ Comprehensive Plan Ordinance to DEO for review.
Attorney Davis clarified that the percentages are not being changed at this time only the
provision moved. Discussion ensued on determining the percentages. Mr. Dyess stated that the
request is to move the 75% preservation to the LDC and that the other percentages would stay.
Ms. Page voiced that data and analysis should be submitted with the ordinance to DEO
and questioned what issue was to be corrected on homes built after the 1996 LDC was enforced.
Commissioner Meadows reported that it was discovered in May, 2014 that the homes had not
been reviewed in compliance with the Comprehensive Plan for many years. Once the
Comprehensive Plan was applied, it was found that many owners were unable to build structures
due to the minimal percentage. Commissioner Meadows opined that the Plan should have been
enforced and that the citizens should not be penalized. Ms. Page questioned how the 50%
vegetative clearing area was derived. Commissioner Meadows discussed how the percentage was
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derived through Staff's application. Discussion continued on impacting the wetlands and
reconstruction of damaged homes.
Mr. Mac Carpenter, Planning and Development, clarified that the ordinance being
presented offers due process for those which are severely impacted by the current
Comprehensive Plan policy. He discussed some the changes which took place in the EAR
Amendments adopted in 2011. He said that the ordinance move the percentage from the
Comprehensive Plan to the LDC and does not weaken the protection of the Coastal Dune Lakes.
Ms. Bonnie McQuiston voiced concern with possible changes in the 100 foot
preservation buffers. Mr. Dyess stated that the 100 foot buffer would not be changed.
Ms. Jacquie Markel voiced concerns with the change from the original methodology and
the vesting oflots.
Chairman Imfeld reminded everyone that the motion was to move the 75% Preservation
from the Comprehensive Plan to the LDC. He said the other issues would be addressed later.
Ms. Susan Paladini, Coffeen Nature Preserve, submitted the Conservation and
Development Plan elements as requested by Commissioners Meadows and Jones. She said that
the 25% impervious area percentage came from a stipulated settlement agreement to make the
1996 Comprehensive Plan meet State standards and briefly discussed the settlement agreements
in which Tops'l and St. Joe were required to use the same percentage. She asked that action be
delayed until further review could be done. Attorney Davis reported that the settlement
agreement had been reviewed and that the agreement had included the entire Comprehensive
Plan. He said that it is his understanding that the issues being presented and discussed were not a
part of the proposed changes or rejections that have been reviewed by Walton County and DCA
(alk/a DEO). He does not believe that the settlement agreement actually required the 25%.
19
Attorney Sidney Noyes, Assistant County Attorney, reported that the first few pages of the
agreement addressed the concerns of DCA at that time. Discussion continued on the settlemerit
agreement. Ms. Paladini questioned if the Conservation Plan had been implemented.
Commissioner Meadows replied that it had not been completed.
Motion by Commissioner Comander, Second by Commissioner Chapman, to move the
current 75% preservation requirement from the Comprehensive Plan to the Land Development
Code and transmit the CDLPZ Comprehensive Plan Ordinance to DEO for review. Ayes 5, Nays
O. Imfeld Aye, Comander Aye, Chapman Aye, Jones Aye, Meadows Aye.
Mr. Dyess presented for first reading the CDLPZ LDC Ordinance amending sections
4.02.00 and 4.03.00 to the LDC regarding the Coastal Dune Lake Protection Zone and Coastal
Protection Zone; providing for severability; codification and an effective date. He briefly
discussed the issues which would be addressed. Chairman Imfeld asked if taking action now
would be premature. Mr. Jones said that if it is changed and DEO says no, then the action
becomes moot. Commissioner Meadows felt that the LDC language needed to be sent with the
Comprehensive Plan language to show the county's intent.
Commissioner Meadows briefly discussed a summary written by Dr. Hal Smith on his
analysis of the Coastal Dune Lakes water chemistry. She suggested the county allocate $100,000
for Coastal Dune Lake monitoring and management for the next ten years. Chairman Imfeld
directed that staff include the funding in the budget proposal. Discussion continued on the Dr.
Smith's findings, funding of the monitoring, the increase from 25% to 50% impervious area, and
installation of sewage systems.
Mr. Dyess asked how the Board wished to address the issues. Chairman Imfeld asked
how many areas were to be addressed. Mr. Dyess reported that there were items that the Board
20
had directed to be reviewed at the last meeting plus additional items such as tributaries that
needed to be addressed. Chairman Imfeld instructed Mr. Dyess to begin with the items presented
at the last meeting.
Mr. Dyess presented the change from 25% to 50% cleared area. Chairman Imfeld
questioned if this was moved to the LDC would variances be granted in special circumstances.
Mr. Dyess stated that it would and discussed the variance provisions. Moving the percentages
from the Comprehensive Plan to the LDC will allow for the variance process. Commissioner
Comander asked why the percentages needed to be increased if variances are allowed in the
LDC. Mr. Dyess stated that the Board would have that option to consider. Commissioner
Meadows discussed reasons for variances and voiced that an increase in the percentage would
minimize the number of variance requests. Discussion ensued on the determining factors to
justify the increase to 50%.
Motion by Commissioner Comander, Second by Commissioner Meadows, to increase the
cleared area from 25% to 50%.
Chairman Imfeld asked if the Board of Adjustments could issue a broad vanance
approval in the cases of severe storm events. Attorney Davis discussed the provisions of the
ordinance and replied that the requests had to be placed by the individual owner.
Many citizens came forward to address the increase in the cleared area. Many expressed
concern for the affects the increase would have on the Coastal Dune Lakes. Some spoke in favor
of the increase. Other issues discussed were the inclusion of driveways, storm water retention
areas, and variances.
Ms. Debbie Heard, Coastal Dune Lakes Advisory Board (CDLAB) Chairman,
encouraged the Board to utilize the resources of the CDLAB. She requested that the Board fund
21
a scientific study of the lakes, grant pennission to obtain an estimate of the cost of the study, and
detennine who could perfonn the study. She also requested that the nonconfonning aspect be
addressed separately and that the other issues be presented in workshops after the scientific data
has been compiled.
Chainnan Imfeld stepped down as Chair and Commissioner Comander assumed the
Chair position.
Motion by Commissioner Imfeld to amend the original motion to establish a 50%
clearing with 25% impervious. Commissioner Chapman said that decks and driveways should be
considered impervious. Motion amendment died for lack of a second.
Chainnan Imfeld resumed the position as Chair.
Motion by Commissioner Comander, Second by Commissioner Meadows, to increase the
cleared area from 25% to 50%. Ayes 5, Nays O. Imfeld Aye, Comander Aye, Chapman Aye,
Mr. Dyess requested to strike Section 4.02.04 (B) Legal Nonconfonnity and to leave
Section 4.02.04 (C) Confonning Structures be kept intact.
Motion by Commissioner Meadows, Second by Commissioner Comander, to strike
Section 4.02.04 (B) Legal Nonconfonnity from the Coastal Dune Lake Protection Zone-Land
Development Code Ordinance and leave Section 4.02.04 (C) Confonning Structures as
presented. Ayes 5, Nays O. Imfeld Aye, Comander Aye, Chapman Aye, Jones Aye, Meadows
Aye.
Mr. Dyess discussed the variance process before the Zoning Board of Adjustments
(Section 4.02.04 (E) Variances). A variance may be granted with a super majority as long as a
quorum is present.
22
Motion by Commissioner Comander, Second by Commissioner Chapman, to approve the
language of Section 4.02.04 (E) Variances as presented.
Motion by Commissioner Meadows, Second by Commissioner Chapman, to amend the
original motion to include up to a 53% variance request limitation. Ayes 5, Nays O. Imfeld Aye,
Mr. Dyess discussed the draft language of Section 4.02.04 (F) Exception to Variances.
Discussion ensued regarding the pervious and impervious requirement of this item.
Commissioner Meadows requested to change the wording "pervious" and "impervious" to
"footprint" to make the language consistent with the ordinance.
Motion by Commissioner Meadows, Second by Commissioner Comander, to change
language to state "developed with a footprint of 1,500 square feet, without being required to
obtain a variance from the Board of Adjustment" and delete the last sentence of Section 4.02.04
(F) Exception to Variances. Ayes 5, Nays O. Imfeld Aye, Comander Aye, Chapman Aye, Jones
Aye, Meadows Aye.
Mr. Dyess addressed the definition of tributary as found in Section 4.02.02 (B) Coastal
Dune Lake Protection Zone (CDLPZ).
Motion by Commissioner Comander, Second by Commissioner Chapman, to approve the
definition of tributary as stated in Section 4.02.02 (B) Coastal Dune Lake Protection Zone
(CDLPZ). Ayes 5, Nays O. Imfeld Aye, Comander Aye, Chapman Aye, Jones Aye, Meadows
Aye.
The meeting recessed at 1: 12 p.m. and reconvened at 1:24 p.m.
23
The Quasi-Judicial hearing was called to order and Attorney Davis administered the oath
to those intending to speak. There were no objections to the advertisements. Attorney Davis
instructed that any Ex Parte forms were to be submitted to the clerk. There were no Ex Parte
forms submitted.
Mr. Wayne Dyess, Planning and Development Director: presented Carson Oaks First
Addition Development Order application submitted by Emerald Coast Associates, Inc. consisting
of 15 residential lots of 5.49 acres with a future land use of Neighborhood Infil!. The project is
located 1.3 miles north of U.S. 98 West on the west side of Mack Bayou Road. Staff found the
requested plat will meet the requirements of F.S. Chapter 177, the Walton County
Comprehensive Plan, and Land Development Code contingent upon conditions being met as
stated in the Staff Report. (Staff Report-I)
Ms. Garner Chandler questioned if there were sidewalks going into the subdivision and
voiced a need for sidewalks in that area. Mr. Brian Underwood, Planning and Development,
stated that the sidewalk buyout was for one side of the street. Commissioner Chapman
questioned if there would be a link from Mack Bayou Road to Carson Oaks Lane. Mr.
Underwood stated that there was an entrance. He reported that the Development Order approved
the buyout of950 square feet of sidewalk, but was to be only on one side of the street to connect
to the multi-use path on Mack Bayou Road. Discussion continued on the sidewalk buy-out and
sidewalk placement.
Motion by Commissioner Comander, Second by Commissioner Meadows, to approve
Cason Oaks First Addition Development Order. Ayes 5, Nays O. Imfeld Aye, Comander Aye,
Chapman Aye, Jones Aye, Meadows Aye. (Exhibits: Staff Report-I)
24
Mr. Dyess presented Blue Mountain Beach Industrial Park Phase 2, a plat development
order application submitted by Preble-Rish, Inc. consisting of seven commercial lots with
surrounding common area on 7.01 acres with a future land use of Light Industrial. The project is
located on the west side of Old Blue Mountain Beach Road intersection. Staff found the
requested plat will meet the requirements of F.S. Chapter 177, the Walton County
Comprehensive Plan, and Land Development Code contingent upon conditions being met as
Commissioner Meadows asked where the lots were located. Mr. Underwood indicated on
the proposed plat where the lots were located. Discussion ensued on the original use of the
acreage.
There was no public comment.
Motion by Commissioner Meadows, Second by Commissioner Comander, to approve
Blue Mountain Beach Industrial Park Phase 2 Development Order. Ayes 5, Nays O. Imfeld Aye,
Comander Aye, Chapman Aye, Jones Aye, Meadows Aye. (Exhibits: Staff Report-I)
Commissioner Chapman revisited Carson Oaks First Addition Development Order
application and asked about the seven foot elevation. Mr. Underwood stated that that was the
relative elevation and stated that the ground elevation would be between four and five feet.
Commissioner Chapman asked what measures would be taken to insure that they are not
impacted by flood waters. Mr. Underwood stated that the site and floor plans will be reviewed
for the proper elevation.
Commissioner Meadows asked if the Carson Oaks project had to pay a Proportionate
Share Fee. Mr. Underwood replied no.
25
Mr. Dyess presented Quattuor Development, a major development order application
submitted by Innerlight Engineering Corporation requesting approval to develop four single
family lots on 1.137 acres with a future land use of neighborhood infill. The project is located on
the south side of C.R. 30A approximately 0.10 miles west of the intersection at the east end of
C.R. 30A and U.S. Highway 98. Staff found the project to be consistent with Walton County
Comprehensive Plan and Land Development Code contingent upon conditions being met as
Ms. Vivian Shamel, Planning and Development, briefly discussed the history of the
project. She said that this was a re-review of the project with one condition which stated that unit
three shall not exceed two stories in height.
Commissioner Meadows asked if the project would be accessed offC.R. 30A. Mr. David
Smith, Innerlight Engineering Corp., said that it would be accessed through an unnamed street
from C.R. 30A.
Motion by Commissioner Meadows, Second by Commissioner Jones, to approve
Quattuor Development. Ayes 5, Nays O. Imfeld Aye, Comander Aye, Chapman Aye, Jones Aye,
Meadows Aye. (Exhibits: Staff Report I)
Mr. Dyess presented David Lilienthal SSA 15-010 (Ordinance 2015-19) a Small Scale
Amendment application submitted by Walton County requesting an amendment of the Future
Lane Use Category designation for the subject property consisting of 10 acres from Conservation
to Conservation Residential 2:1.5 acres. The project is located on the west side of S. Church
Street approximately 0.9 miles north of U.S. Highway 98. Staff found
26
the
project
to
be
consistent with Walton County Comprehensive Plan and Land Development Code contingent
upon conditions being met as stated in the Staff Report. (Staff Report-I)
Motion by Commissioner Comander, Second by Commissioner Meadows, to adopt
Ordinance 2015-19 approving David Lilienthal SSA 15-01 O. Ayes 5, Nays O. Imfeld Aye,
Comander Aye, Chapman Aye, Jones Aye, Meadows Aye. (Exhibits: Staff Report-I)
Motion by Commissioner Chapman, Second by Commissioner Comander, to adjourn the
Regular Meeting and convene into a Special Meeting to call to order an Executive Session to
discuss James and Melanie Nipper v. Walton County (Case No.: 13CA694) and a Closed Special
Meeting to discuss the Collective Bargaining Negotiations with the Walton County Firefighters
Union. Ayes 5, Nays O. Irnfeld Aye, Comander Aye, Chapman Aye, Jones Aye, Meadows Aye.
The following were present during the Executive Sessions: Chairman Imfeld,
Commissioner Comander, Commissioner Meadows, Commissioner Jones, and Commissioner
Chapman. Also in attendance were Mr. Larry Jones, County Administrator; Attorney Mark
Davis, County Attorney, Attorney Sidney Noyes, Assistant County Attorney; and Ms. Sharon
Payne, Certified Court Reporter. Executive Sessions are not open to the public pursuant to
Florida Statute 286.011 (8).
Motion by Commissioner Comander, Second by Commissioner Jones, to call to order the
Executive Session to discuss James and Melanie Nipper v. Walton County (Case No.:
13CA694). Ayes 5, Nays O. Imfeld Aye, Comander Aye, Chapman Aye, Jones Aye, Meadows
Aye.
27
Motion by Commissioner Comander, Second by Commissioner Chapman, to adjourn the
Executive Session and reconvene the Special Meeting. Ayes 5, Nays O. Imfeld Aye,Comander
Aye, Chapman Aye, Jones Aye, Meadows Aye.
Attorney Davis stated that he would follow the direction as given during the Executive
Session.
Motion by Commissioner Commander, Second by Commissioner Chapman, to recess the
Special Meeting and call to order a closed Special Meeting to discuss the Collective Bargaining
Negotiations with the Walton County Firefighters Union. Ayes 5, Nays O. Imfeld Aye,
There being no further items to present, the Closed Special Meeting and the Special
Meeting were adjourned.
Approved:
~ .'"~
~~.\
Bill Imfeld, Chairman
Attest:
~~~~---------------------
ord, Clerk of Court and County Comptroller
28
\
--------

JUNE 23, 2015 - Walton County Clerk of Court

Transcription

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