Commissioners Meeting Minutes - Final Board of County Commissioners

Transcription

1 76 N. 6th Street Walton County Board of County DeFuniak Springs, FL Commissioners Meeting Minutes - Final Board of County Commissioners Tuesday, August 27, :00 AM DeFuniak Springs Board Room COMMISSIONER ATTENDANCE Present: 5 - Chairman Kenneth Pridgen, Vice-Chairman Sara Comander, Commissioner Bill Chapman, Commissioner Bill Imfeld and Commissioner Cindy Meadows CALL TO ORDER TAB - EXECUTIVE SESSION Mr. Mark Davis, County Attorney; Mr. Gerry Demers, Interim County Administrator; Ms. Dede Hinote, Interim Assistant County Administrator; and Mr. Alex Alford, Clerk of Courts and County Comptroller, were also present. 1. Thomas Hicks vs. Walton County, Florida Case # 09-CA-1709 The Public Meeting was recessed at 8:02 a.m. and an Executive Session was called to order to discuss a settlement offer. This meeting was not open to the public pursuant to Florida Statute (8). The following will be in attendance: Commissioner Pridgen; Commissioner Comander; Commissioner Chapman; Commissioner Imfeld; Commissioner Meadows; County Attorney Mark Davis; Mr. Gerry Demers, Interim County Administrator; Attorney Bill Warner and Attorney Cindy Woods, Special Counsel; and Nina Trawick, certified court reporter. The meeting reconvened at 8:41 a.m. and the Executive Session was closed. The meeting recessed at 8:41 a.m. and the regular meeting reconvened at 9:00 a.m. INVOCATION AND PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG APPROVAL OF ADDITIONS ANDIOR DELETIONS TO THE AGENDA 2. Additions and Deletions Addition Extend Local State of Emergency Resolution due to rain event Public Works - Consider request from Walton Juvenile Justice Facility to help haul donated material Walton County Board of County Commissioners Page 1

2 Board of County Commissioners Meeting Minutes - Final August 27, 2013 APPROVAL OF AGENDA Deletion Recycling Pilot Project Public Works - Consider request from Walton Juvenile Justice Facility to help haul donated material Deletion: Public Works Item - Recycling Pilot Program Chapman, to approve the additions and deletions to the agenda. The motion carried by the following vote: A motion was made by Commissioner Imfeld, seconded by Vice-Chairman Comander, to approve the agenda as presented. The motion carried by the following vote: TAB D - APPROVAL OF CONSENT AGENDA Chapman, to approve the consent agenda as follows. The motion carried by the following vote: 3. Approve Minutes of August 13, 2013 Regular Board Meeting and August 19, 2013 Special Joint Meeting 4. Approve Expenditure Approval List for Payment 5. Request to Approve Federal Elections Activities HAVA Grant Agreement to provide 15% matching funds in the amount of $ and verification of ample voting equipment as requested by Bobby Beasley, Supervisor of Elections 6. Request to Approve Resolution amending the budget for Sidewalk Fund for FY to account for unanticipated revenue from Sidewalk Fees 7. Request to Approve Resolution amending the budget for the Fine and Forfeiture Fund for FY to account for unanticipated revenue from Auto Insurance Claims, Recycling Proceeds and CenturyLink Refund Walton County Board of County Commissioners Page 2

3 Board of County Commissioners Meeting Minutes - Final August 27, Approve the Surplus of Computers from the Human Resources Department 9. Approve to advertise for a Workshop on September 10, 2013 at 3:00 PM, prior to the Regular Meeting, to hear a presentation from the Local RESTORE Committee. 10. Extend Local State of Emergency Resolution due to rain event TAB F - PUBLIC WORKS 11. CEI Services for Construction of the CR 2 Paved Shoulder Project Phase III (RFQ ) Five Minute Presentations Genesis HDR Preble-Rish Genesis: Mr. Bill Klepac explained that they have reviewed the plans for the project and are very familiar with the type of work needed for the shoulder widening project. He explained that their firm has the qualifications and experience needed to deliver a quality product. HDR: Mr. Ed Hudec briefly discussed their history in Walton County and their completion of those projects under budget and on time. He explained that they are familiar with and have completed very similar shoulder widening projects in the past. Preble-Rish: Mr. Cliff Knauer explained that they are very familiar with the site and the plans for the project which are very similar to Phases 1 and 2 of the CR2 project. He stated that they would make it a priority to keep the community familiar with the progress of the project and any potential delays or access obstructions to their properties along the roadway. Commissioner Comander questioned if there was a conflict of interest since Preble-Rish and HDR would be providing expert services to each other. Mr. Knauer explained that those services would be provided on an as needed basis. The votes were tallied an announced at 9:36 a.m. by Mr. Alex Alford, Clerk of Courts and County Comptroller, as follows: 1) Genesis, 2) Preble-Rish, and 3) HDR. A motion was made by Vice-Chairman Com ander, seconded by Commissioner Chapman, to begin negotiations with Genesis for RFQ The motion carried by the following vote: 12. Request to Approve authorization of Public Works to perform the scope of work as specified for the drainage improvements associated with CR 183S and the Rushing Property Mr. Wilmer Stafford, Public Works Director, presented the request. Walton County Board of County Commissioners Page 3

4 Board of County Commissioners Meeting Minutes - Final August 27,2013 A motion was made by Commissioner Chapman, seconded by Vice-Chairman Comander, to approve the CR 183S and Rushing property drainage improvements as requested. The motion carried by the following vote: 13. Request to Award RFP U.S. Highway 98 Medians Landscape Maintenance - to low bidder, Harper Landscaping LLC., in the anount of $52, per year. 14. Recycling Pilot Project TAB J - ADMINISTRATION Attorney Davis requested to extend the current contract for 60 days to review the bids and bid process. Meadows, to extend the current contract with Shipes Landscaping, Inc. for U.S. Highway 98 Medians Landscape Maintenance for 60 days as requested. The motion carried by the following vote: This item was removed from the agenda. This Request to Approve was Received and filed 15. Mr. Larry Jones, Special Projects Coordinator - Condominium Solid Waste Mr. Larry Jones discussed and provided information for review. He recommended a rate no less than $6.86 and no more than $11.93 per month per residential condominium unit. Commissioner Imfeld questioned the annual cost with the two rate options. Mr. Jones explained that the lower option would be between $900,000-1,000,000 and the higher option would be between $ million. He explained that the exact number of units have not been determined and they are still working to gather that information. Commissioner Imfeld questioned when the rate would begin. Mr. Jones suggested January 1, 2014 to provide enough time to renegotiate the franchise agreements for solid waste collection. Commissioner Meadows questioned where the funding would come from. Mr. Jones suggested that the first year would be funded through the Solid Waste Reserves and determine other ways to recoup some of those funds for the subsequent years. Brief discussion ensued regarding the Land Development Code classification of condominiums as commercial. A motion was made by Commissioner Imfeld to approve a rate of $6.86 per month per residential condominium unit starting January 1, 2014, and prevent impact for the calculation in the three City's (Freeport, Paxton, DeFuniak Springs) distribution. The motion failed for a lack of second. Walton County Board of County Commissioners Page 4

5 Board of County Commissioners Meeting Minutes - Final August27,2013 A motion was made by Commissioner Meadows, seconded by Vice-Chairman Comander, to approve a rate of $11.93 per month per residential condominium unit starting January 1, The motion carried by the following vote: Pridgen Aye, Comander Aye, Chapman Aye, Imfeld Nay, Meadows Aye. Attorney Davis explained that the rate is dependent upon renegotiation of the contract with Waste Management. Mr. Bob Hudson, Walton County Tax Payers Association, expressed his appreciation and presented a petition in support of the rate increase for the record. Mr. Jones requested to amend the existing Solid Waste Collection Franchise Renewal and Extension Agreement to the new rate of $11.93 per month per residential unit for condominiums and in the event the total monthly bill is less than that amount, Walton County will pay the entire bill, with no residual being due to the complex or Waste Management. He requested to notify Waste Management of the intent that neither the Franchise Agreement or the Disposal Agreement will be automatically renewed and begin negotiations with Waste Management to renegotiate and amend the current Franchise and Disposal Agreements. He explained that this will allow negotiations to begin and consideration of other options to try to recoup some costs for the initiative. A motion was made by Commissioner Comander, seconded by Commissioner Meadows, to 1) notify Waste Management of the intent that neither the Franchise Agreement nor the Disposal Agreement will be automatically renewed as requested, 2) amend the existing Solid Waste Collection Franchise Renewal and Extension Agreement to reflect the new rate of $11.93 per month per residential condominium unit, and 3) begin negotiations with Waste Management to renegotiate and amend the current Franchise and Disposal Agreements. The motion carried by the following vote: Pridgen Aye, Comander Aye, Chapman Aye, Imfeld Aye, Meadows Aye. Commissioner Comander felt that a meeting also needs to be held to discuss the Landfill options. A motion was made by Commissioner Chapman, seconded by Commissioner Comander, to advertise a workshop to discuss the Landfill options. The motion carried by the following vote: Pridgen Aye, Comander Aye, Chapman Aye, Imfeld Aye, Meadows Aye. Mr. Demers presented the addition to the agenda for the request from Walton Juvenile Justice Facility to help haul donated mill mat material. Commissioner Comander expressed concern with funding the request. Commissioner Meadows agreed and felt that many other organizations would start requesting assistance as well. No action was taken. Meadows, to 1) notify Waste Management of the intent that neither the Franchise Agreement nor the Disposal Agreement will be automatically renewed as requested, 2) amend the existing Solid Waste Collection Franchise Renewal and Extension Agreement to reflect the new rate of $11.93 per month per residential condominium unit, and 3) begin negotiations with Waste Management to renegotiate and amend the current Franchise and Disposal Agreements. The motion carried by the following vote: Walton County Board of County Commissioners PageS

6 Board of County Commissioners Meeting Minutes - Final August 27, Repair of County Road 30-A at Big Redfish Lake There were no objections to the published advertisement. Mr. Stafford presented an update on the road damages and recommended conducting an inspection, and moving forward to repair the road and install a bridge. Chairman Pridgen asked how much the repairs and bridge would cost. Commissioner Meadows stated it would be about $500,000 from Reserves. Mr. Stafford stated that they could do the work in-house for approximately half the price. Commissioner Imfeld stated that Public Works Reserves may not be adequate and recommended using the Landfill Reserves. Commissioner Chapman questioned if the project could be finished prior to the Spring Break 2014 season. Mr. Billy Mckee explained that the permitting process is very lengthy and felt that it would take at least 6 months to obtain some of those permits. Commissioner Meadows recommended moving forward as fast as possible. Mr. Demers explained that Preble-Rish had been involved in the process already and suggested assigning Preble-Rish to the project. The Board concurred to reopen the bike path if it is safe. A motion was made by Commissioner Meadows, seconded by Vice-Chairman Comander, to move forward with the bridge and assign Preble-Rish to the Big Redfish Lake project. The motion carried by the following vote: 17. County Administrator Selection The candidates for the County Administrator were ranked and submitted to be tallied. The votes were tallied and announced at 10:12 a.m. by Mr. Alford as follows: 1) Larry Jones, 2) Jack Brown, 3) Tony Gomillion, and 4) Ron Rabun. A motion was made by Commissioner Chapman, seconded by Commissioner Imfeld, to hire Mr. Larry Jones as the County Administrator. The motion carried by the following vote: TAB K-TDC 18. Request to amend scope of services for Beach Safety Services and approve Lifeguard Services Agreement with South Walton Fire District Mr. Jim Bagby explained that the tower locations were updated and the amendment will also allow the South Walton Fire District (SWFD) beach officer to close the water. Brief discussion ensued regarding the ability to use TDC funds for lifeguard and other Walton County Board of County Commissioners Page 6

7 Board of County Commissioners Meeting Minutes - Final August 27,2013 areas that are reasonably related to tourist services. A motion was made by Commissioner Meadows, seconded by Vice-Chairman Comander, to approve the amended Scope of Services for Beach Safety Services with SWFD as requested. The motion carried by the following vote: 19. Request to Approve First Option to Extend and Amendment to Lifeguard Services Agreement with South Walton Fire District for one additional term with no change in contract cost A motion was made by Commissioner Meadows, seconded by Vice-Chairman Comander, to approve the contract renewal for Beach Safety Services with SWFD as requested. The motion carried by the following vote: 20. Request to Approve Public Relations Agency - RFP and enter into contract with Spring O'Brien Mr. Jon Ervin, TOC, presented the request. A motion was made by Commissioner Meadows, seconded by Commissioner Chapman, to approve Public Relations Agency RFP and enter into a contract with Spring O'Brien as requested. The motion carried by the following vote: 21. Request to Approve beta testing of deck graphics of beach access signage to reinforce uniform messaging at beach accesses Mr. Ervin presented the request. Commissioner Chapman questioned if each access point would have multiple signs. Mr. Ervin stated that each access would have seven signs. A motion was made by Commissioner Meadows, seconded by Vice-Chairman Comander, to approve Beta Testing of Beach Access Signage with Beach Safety as requested. The motion carried by the following vote: Aye: 5 - Chairman Pridgen. Vice-Chairman Comander. Commissioner Chapman. 22. Request to Approve First Option to renew agreement for Advertising Services with Zehnder Communications Inc. with no change in cost Mr. Ervin presented the request. A motion was made by Commissioner Meadows, seconded by Vice-Chairman Comander, to approve the contract renewal with Zehnder Communications for Advertising Services as requested. The motion carried by the following vote: Aye: 5 - Chairman Pridgen. Vice-Chairman Comander. Commissioner Chapman, Walton County Board of County Commissioners Page 7

8 Board of County Commissioners Meeting Minutes - Final August 27, Establishment offour (4) TDC Subcommittees: Marketing and Media, Beach Management, Destination Improvements and Events, Activities, Arts and Culture 24. TDC Updates TAB L - COUNTY ATTORNEY Mr. Bagby presented the request. He stated that 20 applications have been received. Meadows, to establish four TDC Subcommittees as requested. The motion carried by the following vote: Mr. Bagby announced that Southwest Airlines is backing out of their agreement for the half cent sales tax for the low cost carrier. He stated that information will be brought back in October after the TDC has reviewed it. This Information Item was Received and filed 25. Request to Approve Professional Services Agreement with Andrews & Davis, Attorneys at Law LLC Attorney Davis stated that the monthly retainer does have a cap and the only way to exceed that cap is with prior approval, and there is a provision for supervision of the County Attorney staff. Chapman, to approve the Professional Services Agreement with Andrews & Davis, Attorneys at Law, LLC., as requested. The motion carried by the following vote: 26. Request to Approve the lease from Regional Utilities for District 5 Commissioner's Office located at 70 Logan Lane, Santa Rosa Beach Attorney Davis stated that they are in the process of subleasing in the building. Commissioner Imfeld questioned the maintenance costs. Attorney Davis answered that the agreement was modified to include the County's responsibility for day to day maintenance, anything caused by an act of God or hurricane would be repaired by Regional Utilities. Meadows, to approve the lease from Regional Utilities for District 5 Commissioner's Office as requested. The motion carried by the following vote: Aye: 4 - Chairman Pridgen. Vice-Chairman Comander. Commissioner Chapman and Commissioner Meadows Nay: 1 - Commissioner Imfeld Walton County Board ofcounty Commissioners Page 8

9 Board of County Commissioners Meeting Minutes - Final August 27, Satisfaction of SHIP Mortgage on short sale transaction Attorney Davis explained that he is in the process of developing procedures for SHIP Mortgages. He presented the request to waive $3, of the $10,000 debt for the property located at 490 Juniper Lake Road. The property is appraised at $170,000, the sale price is $174,900. Ms. Kim Wennerberg briefly discussed the request due to extenuating circumstances. A motion was made by Commissioner Comander, seconded by Commissioner Chapman, to approve the satisfaction of SHIP Mortgage on the short sale transaction for the property located at 490 Juniper Lake Road. Commissioner Chapman felt that the SHIP Mortgage issues need to be addressed. Attorney Davis explained that there are several scenarios to consider. Commissioners Imfeld and Meadows also felt that the program needs to be addressed to prevent this from occurring in the future. The motion carried by the following vote: Pridgen Aye, Comander Aye, Chapman Aye, Imfeld Aye, Meadows Aye. Chapman, to approve the satisfaction of SHIP Mortgage on the short sale transaction for the property located at 490 Juniper Lake Road as requested. The motion carried by the following vote: TAB 0 - COMMISSIONER CINDY MEADOWS, DISTRICT FIVE 33. Water Pump for flooded infrastructure TAB M - PUBLIC HEARING Commissioner Meadows discussed the pump that the County currently has to pump water. She recommended obtaining a couple pumps that are in working condition to use as needed instead of borrowing pumps from Regional Utilities. Mr. Stafford explained that the current pump has been repaired and expressed the need for smaller pumps which are much easier to use. Commissioner Meadows questioned if it would be cheaper to buy or rent the pumps and suggested reviewing those options. Mr. Stafford stated that it is approximately $50,000 to purchase a new pump. Ms. Suzanne Harris recommended renting or leasing pumps to eliminate maintenance and purchasing costs. Commissioner Comander suggested obtaining that information and bringing it back for review. This Request to Approve was Received and filed Walton County Board of County Commissioners Page 9

10 Board of County Commissioners Meeting Minutes - Final August 27, Approve a Resolution amending the Budget to move $10,000 from the Sidewalk Fund Reserves to fund sidewalks on South Holiday and San Juan Road for FY Meadows, to open the public hearing. The motion carried by the following vote: Pridgen Aye, Comander Aye, Chapman Aye, Imfeld Aye, Meadows Aye. Chairman Pridgen asked for public comment. There were no public comments. A motion was made by Commissioner Meadows, seconded by Commissioner Imfeld, to approve the budget amendment Resolution for $10,000 from the Sidewalk Fund Reserves to fund sidewalks on South Holiday Road and San Juan Road. The motion carried by the following vote: Pridgen Aye, Comander Aye, Chapman Aye, Imfeld Aye, Meadows Aye. Chapman, to close the public hearing. The motion carried by the following vote: Pridgen Aye, Comander Aye, Chapman Aye, Imfeld Aye, Meadows Aye. A motion was made by Commissioner Meadows, seconded by Commissioner Imfeld, to approve the budget amendment Resolution for $10,000 from the Sidewalk Fund Reserves to fund sidewalks on South Holiday Road and San Juan Road. The motion carried by the following vote: 29. Approve Daughette Canal Capital Improvements and Maintenance Services Annual Rate Resolution Chapman to open the public hearing. The motion carried by the following vote: Pridgen Aye, Comander Aye, Chapman Aye, Imfeld Aye, Meadows Aye. Mr. Demers announced that a change was made per boat slip instead of by parcel. Chairman Pridgen asked for public comment. Ms. Linda Shovea expressed the need to file for a hardship. Ms. Dede Hinote, Interim Assistant County Administrator, will contact Ms. Shovea regarding the hardship qualifications. Chapman, to close the public hearing. The motion carried by the following vote: Pridgen Aye, Comander Aye, Chapman Aye, Imfeld Aye, Meadows Aye. Meadows, to adopt Resolution for the Daughette Canal MSBU as presented. The motion carried by the following vote: 30. Approve Imperial Lakes Annual Rate Resolution Walton County Board of County Commissioners Page 10

11 Board of County Commissioners Meeting Minutes - Final August 27,2013 Chapman. to open the public hearing. The motion carried by the following vote: Pridgen Aye, Comander Aye, Chapman Aye. Imfeld Aye, Meadows Aye. Chairman Pridgen asked for public comment. There were no public comments. A motion was made by Commissioner Chapman, seconded by Vice-Chairman Comander. to close the public hearing. The motion carried by the following vote: Pridgen Aye, Comander Aye, Chapman Aye, Imfeld Aye, Meadows Aye. Meadows, to adopt Resolution for the Imperial Lakes MSBU as presented. The motion carried by the following vote: Aye: 5 - Chairman Pridgen, Vice-Chairman Comander, Commissioner Chapman. 31. Approve Leisure Lake Annual Rate Resolution Chapman, to open the public hearing. The motion carried by the following vote: Pridgen Aye, Comander Aye, Chapman Aye, Imfeld Aye, Meadows Aye. Chairman Pridgen asked for public comment. There were no public comments. A motion was made by Vice-Chairman Comander. seconded by Commissioner Chapman. to close the public hearing. The motion carried by the following vote: Pridgen Aye, Comander Aye, Chapman Aye. Imfeld Aye, Meadows Aye. Meadows, to adopt Resolution for the Leisure Lake MSBU as presented. The motion carried by the following vote: 32. Approve Four Mile Village Annual Rate Resolution A motion was made by Commissioner Chapman, seconded by Commissioner Meadows, to open the public hearing. The motion carried by the following vote: Pridgen Aye, Comander Aye, Chapman Aye, Imfeld Aye, Meadows Aye. Chairman Pridgen asked for public comment. There were no public comments. Chapman, to close the public hearing. The motion carried by the following vote: Pridgen Aye, Comander Aye, Chapman Aye. Imfeld Aye, Meadows Aye. The meeting recessed at 10:37 a.m. and reconvened at 10:55 a.m. A motion was made by Commissioner Chapman, seconded by Vice-Chairman Comander, to adopt Resolution for the Four Mile Village MSBU as presented. The motion carried by the following vote: TAB P - VICE CHAIRMAN SARA COMANDER, DISTRICT FOUR Walton County Board of County Commissioners Page 11

12 Board of County Commissioners Meeting Minutes Final August 27,2013 Commissioner Comander expressed appreciation to the staff members who have been working diligently with the flooding issues. TAB Q - COMMISSIONER BILL IMFELD, DISTRICT THREE 34. Walton County Fire Services - Establish fire stations east and west of Freeport Commissioner Imfeld discussed the past fire assessment for fire services in the Freeport area. He stated that there are several options available for consideration and suggested establishing stations east and west of Freeport He spoke in opposition of the proposal to purchase the City of Freeport fire equipment. A motion was made by Commissioner Imfeld, seconded by Vice-Chairman Comander, to approve Option 2 with a modified transition time of 90 days for a smooth transition, provide the City of Freeport funding until January 1st, and give the City of Freeport fire fighters first option to become certified with the County paying for training and certification. Attorney Clayton Adkinson discussed the sewer loan obligation and recommended meeting with the County Administrator, Attorney Davis, and Mayor Barley to determine a solution. Brief discussion ensued regarding the Freeport Bay Area Sewer Loan. The motion carried by the following vote: Pridgen Aye, Comander Aye, Chapman Aye, Imfeld Aye, Meadows Aye. A motion was made by Commissioner Imfeld, seconded by Vice-Chairman Comander, to approve Option 2 with a modified transition time of 90 days for a smooth transition, provide the City of Freeport funding until January 1st, and give the City of Freeport fire fighters first option to become certified with the County paying for training and certification.. The motion carried by the following vote: 35. Walton County Fire Services - Notify the Liberty and Argyle fire stations that this will be the last fiscal year of grants Staff will notify the Liberty and Argyle Fire Departments. This Request to Approve was Received and filed 36. Walton County Fire Services - Eliminate payments to the City of DeFuniak Springs and Freeport for fire services A motion was made by Commissioner Imfeld, seconded by Commissioner Chapman, to notify the DeFuniak Springs Fire Department that funding will be eliminated for FY The motion carried by the following vote: TAB R - COMMISSIONER BILL CHAPMAN, DISTRICT ONE Walton County Soard of County Commissioners Page 12

13 Board of County Commissioners Meeting Minutes - Final August27,2013 No items were presented. TAB S - CHAIRMAN KENNETH PRIDGEN, DISTRICT TWO No items were presented. OTHER PUBLIC COMMENTS The meeting recessed at 11 :30 a.m. and reconvened at 11 :35 a.m. TAB T - PLANNING AND DEVELOPMENT SERVICES SPECIAL ITEMS 37. Request to Approve State Housing Initiative Partnership (SHIP) Program Annual Reports Mr. Wayne Dyess. Planning and Development Services Director. presented the request. Chapman, to approve the SHIP Program Annual Reports covering years 2010/2011, 2011/2012, and 2012/2013 and sign the two certifications presented. The motion carried by the following vote: Aye: 5 Chairman Pridgen, Vice-Chairman Comander. Commissioner Chapman, 38. Request that the Board review, make comment and authorize to move forward to the Planning Commission the following proposed ordinances: a. Ordinance Amending Land Uses in the LDC Mr. Dyess stated that a workshop will be held prior to the Planning Commission meeting. There are some inconsistencies with the LDC and Comprehensive Plan. the the amendment would bring those into compliance. Commissioner Chapman asked to have the old language and new language provided for review for clarification. This Request to Approve was Received and filed b. Request to Approve Comprehensive Plan Mixed Use Acreage Criteria Ordinance Mr. Dyess explained that the current Comprehensive Plan requires mixed use language and suggested removal of the mandatory mixed use language for those parcels consisting of less than 5 acres. This Request to Approve was Received and filed Walton County Board ofcounty Commissioners Page 13

14 Board of County Commissioners Meeting Minutes - Final August 27, 2013 LEGISLATIVE ITEMS 39. US 98/331 Scenic Corridor Outdoor Display Ordinance - An ordinance amending Chapter to allow for limited unscreened outdoor display of merchandise adjacent to building facades; providing for severability; and providing for an effective date. Request to remove this item from the agenda to allow workshops and further editing. QUASI-JUDICIAL ITEMS Mr. Dyess requested removal of the item from the agenda to allow more workshops and discussion. A motion was made by Commissioner Meadows, seconded by Vice-Chairman Comander, to remove the US 98/331 Scenic Corridor Outdoor Display Ordinance from the agenda. The motion carried by the following vote: Attorney Davis administered the oath to those intending on speaking. 43. Winter Garden at Water Sound Phase 3 Plat (Exhibits: Staff 1-2) Chapman, to table and readvertise the Winter Garden at Water Sound Phase 2 Plat request. The motion carried by the following vote: 44. Winter Garden at Water Sound Phase 4 Plat (Exhibits: Staff 1-2) 45. Dollar General A motion was made by Commissioner Chapman, seconded by Vice-Chairman Comander, to table and readvertise the Winter Garden at Water Sound Phase 4 Plat request. The motion carried by the following vote: (Exhibits: Staff 1) (Ex Parte Communications: Pridgen, Comander) A motion was made by Commissioner Meadows, seconded by Vice-Chairman Comander, to table and readvertise the Dollar General request. The motion carried by the following vote: Walton County Board of County Commissioners Page 14

15 Board of County Commissioners Meeting Minutes - Final August 27, Old Seagrove Beach fka Old Seagrove Village Plat (Exhibits: Staff 1-2) A motion was made by Commissioner Meadows, seconded by Commissioner Chapman, to continue the Old Seagrove Beach fka Old Seagrove Village Plat to the September 10, 2013 meeting. The motion carried by the following vote: 40. Blackshear SSA There were no objections to the published advertisement. Ms. Renee Bradley, Planning and Development Services, presented the request by Emerald Coast Associates, Inc., to amend the Future Land Use Map of 0.81 acres from Residential Preservation Area to Low Density Residential, with future intent to subdivide the property into 3 single family lots. The project is located on Seaward Drive, approximately 0.5 miles south of the intersection of Seaward Drive and CR 3D-A, in the curve of Seaward Drive. She explained that the project is compatible with the area and staff found the project consistent with the LDC and Comp Plan. Commissioner Comander questioned how the property will be accessed if they do not have permission through the gated community. Ms. Bradley explained that she cannot address the civil issues of the access. Attorney Davis stated that the Board can only vote if the project meets the LDC and Comp Plan. Chairman Pridgen asked how the parcel was left out when the surrounding area was platted. Mr. Dean Burgis, Emerald Coast AssOCiates, Inc., explained that the developer intentionally left the parcel out of the plat. There are three recorded easements through the Sunrise Beach Subdivision to the property. Mr. Burgis provided the Applicant Response to Lot Owners of Sunrise Beach Position Statement for review (Petitioner Exhibit 1). Commissioner Imfeld questioned if the property is vacant. Mr. Burgis explained that there were two residences on the property when it was purchased, but those were demolished shortly after. Discussion ensued regarding the roadway frontage, right-of-way frontage, and the public beach accesses. Chairman Pridgen asked for public comment. Attorney John Cottle, Sunrise Beach Homeowners Association representative, spoke in opposition of the request and expressed concern with the access to the property and the type of houses that are going to be built on the lots. There is an easement but they are concerned that the traffic, due to the development of the property, may overburden that easement. He stated that there is no need for the land use change and requested denial of the project to address the access issues. (Respondent - Exhibit 1) Commissioner Chapman questioned Attorney Cottle how long the Sunrise Beach HOA had been in negotiations with Mr. Blackshear. Attorney Cottle stated that they had two discussions after the Planning Commission meeting. Walton County Board of County Commissioners Page 15

16 Board of County Commissioners Meeting Minutes - Final August 27,2013 Commissioner Meadows questioned if the homes could be used as rentals and if rentals are allowed in the Sunrise Beach Subdivision. Attorney Cottle stated that they are allowed but there are architectural restrictions. Commissioner Comander asked Mr. Dyess if they are working on passing a Parking Ordinance. Mr. Dyess stated that they are in that process. The current parking requirements are based on the number of bedrooms. they are in the process of proposing parking requirements based on the square footage of the home. Commissioner Meadows questioned if you can force someone to join a subdivision HOA and if you can deny access through it. Attorney Davis explained that you cannot and if there is an overburden of the easement they can go to court. Commissioner Meadows questioned if a development order would be needed when they replat the property. Mr. Dyess stated that they would need a minor development order if there are three lots. Ms. Delys Dearmon spoke in favor of the request and explained that the easements were all given by the developers of the Sunrise Beach Subdivision prior to the property purchases. She also explained that there are no maximum square footage limitations in the covenants and restrictions for the subdivision. Brief discussion ensued regarding the easements. the subdivision plat, and public beach accesses. (Exhibits: Staff 1-4. Petitioner 1. Respondent 1) (Ex Parte Communications: Pridgen) A motion was made by Commissioner Chapman, seconded by Commissioner Meadows, to approve the Blackshear SSA (Ordinance ) request as presented. The motion carried by the following vote: Aye: 5 - Chairman Pridgen. Vice-Chairman Comander. Commissioner Chapman. 41. William Quirk SSA Mr. Brian Underwood. Planning and Development Services. presented the request by Isle of View Development to amend the Future Land Use Map of 0.5 +/- acres from Residential Preservation to Neighborhood Infill. The project is located on the south side of Sky High Dune Drive. approximately 575 feet from CR 283. He stated that the request is consistent with the LDC and Comp Plan. Commissioner Meadows questioned if Neighborhood Infill allows for nonresidential development. Mr. Underwood stated that it does. subject to approval as a major development. Commissioner Meadows questioned if that would be compatible with the surrounding area of a neighborhood. Mr. Underwood explained that would probably not be supported as a compatible land use. it would be subject to presentation of the compatibility analysis. Commissioner Meadows did not feel that the request is compatible with the surrounding neighborhood. Brief discussion ensued regarding the residential uses and the major development order process and the subdivision platting process. Mr. David Kramer, applicant representative. explained that the presented Quit-Claim Deed can be recorded to ensure no commercial activities will be on the lot except long term/short term rentals. and the intent of the property was undecided at the time. He explained that Mr. Quirk. applicant. had inquired about his land use because of an adjacent property development and was told his property did not have the proper designation. (Petitioner - Exhibit 3) Walton County Board ofcounty Commissioners Page 16

17 Board of County Commissioners Meeting Minutes Final August 27,2013 Mr. Buz Livingston spoke in opposition of the request and felt that the land use change could set a precedent for the other unplatted lots in the subdivision. Ms. Jeanine Williams expressed concern with the current roadway conditions and the affect that additional traffic would cause. Brief discussion ensued regarding the LDC and the ability for other lots in the subdivision to develop multi-family homes. A motion was made by Commissioner Meadows, seconded by Vice-Chairman Comander, to deny the Quirk SSA request as presented. The motion failed by the following vote: Pridgen Nay, Comander Aye, Chapman Nay, Imfeld Nay, Meadows Aye. (Exhibits: Staff 1-2, Petitioner 3) (Ex Parte Communications: Meadows) A motion was made by Commissioner Imfeld, seconded by Commissioner Chapman, to approve the Quirk SSA (Ordinance ) request as presented. The motion carried by the following vote: Aye: 3 - Chairman Pridgen, Commissioner Chapman and Commissioner Imfeld Nay: 2 - Vice-Chairman Comander and Commissioner Meadows 42. SWFD SSA Ms. Vivian Shamel, Planning and Development Services, presented the request by Walton County to amend the Future Land Use Map of acres from Institutional to Village Mixed Use (VMU). The project is located at 110 South Hwy 393 near the intersection with US Hwy 98. She explained that the property should not have been included in the previous land use change. Chairman Pridgen asked for public comment. There were no comments made. (Exhibits: Staff 1-2) Imfeld, to approve the SWFD SSA (Ordinance ) request as presented. The motion carried by the following vote: ADJOURN ~Kenne Approved: --~~;F~~ Attest: Alex Alford, Clerk of Court and County Comptroller Walton County Board ofcounty Commissioners Page 17

18 3 8/30/2013 8/30/2013 General Fund (001 ) $ 177, $ 105, $ $ 282, County Transportation (002) $ 1,169, $ 204, $ 25, $ 1,398, SHIP (003) $ Fine & Forfeiture (004) $ Debt Service Hospital (005) $ Mosq. Control State (006) $ Section 8 Housing (010) $ 1, $ 1, Tourist Dev. Council (011 ) $ 127, $ 145, $ 272, N.W. Mosquito Control (012) $ 17, $ $ 17, W. Co. Library (013) $ Recreation Plat Fee (014) $ $ Tax Deed Surplus Trust (015) $ Public Safety- 911 (016) $ Solid Waste Enterprise (019) $ 283, $ 1, $ 284, Criminal Justice Ed Fund (027) $ Special Law Enf. Trust (028) $ Preservation (030) $ Sidewalk Fund (031) $ Bldg DeptlEnterp. Fund (033) $ $ $ Imperial Lakes MSBU (034) $ 4, $ 4, Inmate Canteen Fund (035) $ 4, $ 3, $ 7, Daughette Subdivision (036) $ 2, $ 2, Government Services Group (040) $ 1, $ 1, Driftwood Debt Service (201 ) $ 52,107, $ 52,107, Capital Projects Fund (300) $ 20, $ 16, $ 37, Totals $53,909, $ 485, $ 25, $ $ 54,420,638.30