COLUMBIA COUNTY BOARD OF COUNTY COMMISSIONERS POST OFFICE BOX 1529 LAKE CITY, FLORIDA

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1 COLUMBIA COUNTY BOARD OF COUNTY COMMISSIONERS POST OFFICE BOX 1529 LAKE CITY, FLORIDA COLUMBIA COUNTY SCHOOL BOARD ADMINISTRATIVE COMPLEX 372 WEST DUVAL STREET LAKE CITY, FLORIDA AGENDA ADDITIONS SEPTEMBER 21, :30 P.M. Joel Foreman, County Attorney (1) Requesting to Set Adoption Hearing - Internet Cafe Moratorium (2) Herlong Road - Farnell Acquisition

2 COLUMBIA COUNTY, FLORIDA Office of the County Attorney Joel F. Foreman County Attorney MEMORANDUM To: CC: Ben Scott Commissioners Williams, DePratter, Murphy, Nash and Phillips From: Joel F. Foreman Re: REQUEST FOR ADDITION Request to set adoption hearing: Internet Cafe Moratorium Date: September 19, 2017 Commissioners have requested in recent regular and workshop meetings that this office prepare a temporary moratorium that would prevent issuance of new permits and similar new business filings to Internet Cafes through the County for a period of time sufficient to allow for the State Attorney s Office to complete its review of the legality of existing similar operations in the County. The concern is that unwitting new Internet Cafe businesses may come into the County and commence operations without knowing there is a pending question as to the legality of these businesses. The moratorium would help limit the risk of substantial investment being made in these new businesses until a determination is made as to existing businesses by the State s Attorney. Due to Hurricane Irma I was unable to complete this in time for submission on the regular September 21, 2017 Agenda. I am concerned, however, that postponing this request (thereby pushing the adoption hearing to the end of October) will be frustrating the intentions of the Board as expressed in its workshop, and therefore am requesting addition. I have prepared the attached Ordinance with a 90-day moratorium that is self-repealing. If the Board is inclined to move forward with this moratorium, I am requesting that the Board set an adoption hearing for the first meeting in October.

3 DRAFT ONLY SUBMITTED FOR COMMENT AND REVIEW DIRECT ALL COMMENTS TO THE ATTENTION OF THE COUNTY ATTORNEY ORDINANCE NO AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONSERS OF COLUMBIA COUNTY, ENACTING A TEMPORARY MORATORIUM TO PROHIBIT THE FILING, ACCEPTANCE OR PROCESSING OF ANY PERMIT, DEVELOPMENT ORDER, OR ANY OTHER OFFICIAL ACTION OF THE COUNTY HAVING THE EFFECT OF PERMITTING OR ALLOWING THE CONSTRUCTION OR OPERATION OF ANY INTERNET GAMING/GAMBLING BUSINESS WITHIN THE COUNTY, PROVIDING A SEVERABILITY CLAUSE; PROVIDING REPEALING CLAUSES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, there are now existing within the jurisdictional boundaries of Columbia County, Florida, establishments that are engaged in the business of providing access to and the use of gaming machines that may or may not meet the definition of a simulated gambling machine; WHEREAS, the State Attorney s Office for the Third Judicial Circuit of Florida is presently reviewing and/or investigating such establishments that are operating within the County; WHEREAS, a temporary moratorium on the acceptance of applications for, the processing of, and the issuance of development permits, site plan approvals or any other official action of the County permitting or having the effect of permitting new simulated gambling establishments will allow time for the State Attorney s Office to conclude its review of these establishments and will help prevent prospective business operators from opening businesses in the County that could be determined to be illegal; WHEREAS, at its meeting on [[DATE OF ADOPTION HEARING]], 2017, the Board of County Commissioners determined it necessary to impose a temporary, ninety-day moratorium commencing on [[DATE OF MORATORIUM]], 2017 to allow sufficient time for the conclusion of the State Attorney s review; WHEREAS, at least 10 days notice has been given of the public hearing, once by publication in a newspaper of general circulation notifying the public of this proposed ordinance and of the place and time for the public hearing; and WHEREAS, the public hearing was held pursuant to the published notice at which hearing the parties in interest and all others had an opportunity to be and were, in fact, heard. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLUMBIA COUNTY, FLORIDA: Section 1. RECITALS INCORPORATED The recitals above are incorporated as the Board s findings in support of this Ordinance. Section 2. PURPOSE DRAFT ONLY. 1 of 3

4 DRAFT ONLY SUBMITTED FOR COMMENT AND REVIEW DIRECT ALL COMMENTS TO THE ATTENTION OF THE COUNTY ATTORNEY The purpose of this ordinance is to enable the County and State Attorney s Office to have sufficient time to review the operations of establishments currently offering what may or may not be simulated gambling devices prohibited under Florida Law. Section 3. DEFINITIONS a. "Simulated gambling device " means a device that is available to play or operate a computer simulation of any game of chance or gambling, and which may reveal, deliver or entitle the person or persons playing or operating the device to a payoff or something of value; or any electronic device that is used or adapted for use to conduct and/or reveal the results of a game of chance conducted in connection with the sale of a consumer product or service, sweepstakes or game promotion that displays results by simulating a game or games ordinarily played on a slot machine, when the outcome of the game or drawing is not revealed to the purchaser prior to purchase of the merchandise, tickets or game entries. b. "Simulated gambling establishment" means a building, edifice, structure or location, along with its grounds, in which simulated gambling devices are used, operated or stored, including but not limited to, game rooms, arcades, internet cafes, internet centers or sweepstakes redemption centers. Section 4. IMPOSITION OF MORATORIUM For a period of ninety (90) days from and after 12:01 a.m. on [DATE OF MORATORIUM] (the moratorium start date ), ending at 11:59 p.m. on the ninetieth (90 th ) day thereafter: a. No application for permit, authorization or any other official action of the County having the effect of permitting or allowing the operation of a simulated gambling establishment, may be filed, accepted or processed or approved by the County. b. The imposition of this moratorium is not intended to affect nor does it affect either the processing of any application for permit or the issuance of a permit or other official action of the County authorizing the operation of a simulated gambling establishment, which was properly filed with the County on or before the moratorium start date. Section 5. SEVERABILITY If any word, phrase, clause, paragraph, section or provision of this ordinance or the application hereof to any person or circumstance is held invalid or unconstitutional, such finding shall not affect the other provisions or applications of the ordinance which can be given effect without the invalid or unconstitutional provisions or application, and to this end the provisions of this ordinance are declared severable. Section 6. AUTOMATIC REPEAL This ordinance shall stand repealed as of 12:00 a.m. on the ninety-first (91 st ) day following the moratorium start date unless sooner repealed; provided however, that nothing herein shall prevent re-adoption of an ordinance in the same or similar form for the purpose of extending the moratorium. Section 7. EFFECTIVE DATE DRAFT ONLY. 2 of 3

5 DRAFT ONLY SUBMITTED FOR COMMENT AND REVIEW DIRECT ALL COMMENTS TO THE ATTENTION OF THE COUNTY ATTORNEY This Ordinance shall take effect immediately upon a certified copy hereof being filed with the Florida Department of State. DULY ADOPTED by the Board of County Commissioners of Columbia County, Florida, this day of, 2017 BOARD OF COUNTY COMMISSIONERS COLUMBIA COUNTY, FLORIDA By: Ron Williams, Chair Approved as to form and legality: Joel F. Foreman, County Attorney ATTEST: P. Dewitt Cason, Clerk of Court Deputy Clerk Effective Date: DRAFT ONLY. 3 of 3

6 COLUMBIA COUNTY, FLORIDA Office of the County Attorney Joel F. Foreman County Attorney MEMORANDUM To: CC: Ben Scott Commissioners Williams, DePratter, Murphy, Nash and Phillips From: Joel F. Foreman Re: REQUEST FOR ADDITION Herlong Road: Farnell Acquisition Date: September 19, 2017 At its last regular meeting the Board authorized me to offer Farnell (Parcels 71 and 71A of the Herlong Road Project) two times the appraised value for the land plus the cost of improvements affected according to the County s appraisal, with an upper limit of $45,000. Based on that authorization, I made the following offer through Farnell s attorneys. Parcel 71 Appraisal: $4, Offer for land: $8, Improvements: $11, TOTAL for 71: $19,500 Parcel 71A Appraisal: $11,000 Offer for land: $22, Improvements: $3,000 TOTAL for 71A: $25, GRAND TOTAL: $44, The offer included the Board s deadline of Thursday, September 21 for response. Today I have had the opportunity to speak directly with Farnell s attorney in this matter, Jim Helinger. As a counter-proposal, Mr. Helinger has offered $49,500 to settle the matter. Conditions include that the agreement be framed as settlement in eminent domain, that the County relocate the fencing at the Farnell property, and that $5,000 of the settlement proceeds be apportioned to Attorneys Fees. I am of the opinion that the counter-proposal from Farnell through Mr. Helinger is more than reasonable in the circumstances. Had this action been taken under threat of eminent domain, and had the ultimate settlement price been $44, as authorized by the Board, the formula for attorney s fees would have provided for one-third of the enhancement from the County s first offer

7 COLUMBIA COUNTY, FLORIDA Office of the County Attorney Joel F. Foreman County Attorney to the last. The County s first offer was $29, (the original appraisal amount). The enhancement was $15,100. Attorneys Fees would therefore be just over $5,000, and that s without taking costs into consideration. Mr. Helinger also indicated that his client has a continuing interest in realignment of Farnell Road. I advised Mr. Helinger that I believed the County shared that interest, but that handling the acquisition on its own accord was my suggested course of action. If the County wishes to realign Farnell as previously discussed, the most logical time to complete that work would seem to be while Herlong is being improved in the same area. I recommend acceptance of this counter-proposal. If the Board wishes for staff to begin work on realignment of Farnell Road I would like the Board s input on that issue as well.