september 22, 2015 - regular meeting the board of county

SEPTEMBER 22 2015 - REGULAR MEETING

The Board of County Commissioners Walton County Florida held a Regular Meeting

on September 22 2015 at 900 am at the Walton County Courthouse in DeFuniak Springs

Florida

The following Board members were present Commissioner Bill Imfeld Chairman

Commissioner Sara Comander Vice-Chairman Commissioner W N (Bill) Chapman

Commissioner Cecilia Jones and Commissioner Cindy Meadows Mr Larry Jones County

Administrator and Attorney Mark Davis County Attorney were also present

Chairman Imfeld called the meeting to order

Motion by Commissioner Chapman Second by Commissioner Jones to approve the

agenda revisions as follows Ayes 4 Nays O Imfeld Aye Comander Aye Chapman Aye Jones

Aye

1 Delete County Attorney-Approve and authorize the Chairman to sign the agreement with South Walton Fire District for Beach Safety Services (RFP 015-029)

Motion by Commissioner Comander Second by Commissioner Chapman to approve the

agenda as modified Ayes 4 Nays O Imfeld Aye Comander Aye Chapman Aye Jones Aye

Motion by Commissioner Comander Second by Commissioner Jones to approve the

Consent Agenda as follows Ayes 4 Nays O Imfeld Aye Comander Aye Chapman Aye Jones

Aye

1 Approve Minutes of September 8 2015 Regular Meeting 2 Approve Expenditure Approval List (EAL) excluding the Waste Management

expenditures

General Fund $ 43031157 County Transportation $ 68283074

SHIP $ 11116000

September 22 2015 Regular Meeting 1 Prepared by Kimberly Wilkins

Fine amp Forfeiture $ 22224975 Section 8 Housing $ 97840 Tourist Dev Council $ 11262762 WM($ 2011351) NW Mosquito Control $ 719200 Recreation Plat Fee $ 503611 Solid Waste Enterprise $ 67129417 WM ($ 63781263) Bldg DeptEnterp Fund $ 178737 Imperial Lakes MSBU $ 251766 Leisure Lake MSBU $ 181200 Capital Projects Fund $ 823320 Mossy Head Ind Park $ 11817383

Totals $237620442 WM ($ 65792614)

Grand Total $171827828

3 Approve purchase of a pressure washer for the District 3 Road Department in an amount not to exceed $370000

4 Approve purchase of a 40x84 pole barn kit for the District 3 Road Department in an amount not to exceed $730000

5 Approve purchase and installation of a 10000 gallon fuel tank at the District 3 Road Department facility in an amount not to exceed $9000000

6 Approve purchase of a plasma cutter for the welding shop in an amount not to exceed $150000

7 Request to approve the reappointment of Dr James Howell as EMS Medical Director for a period of one year and increase the stipend from $120000 per month to $150000 per month

8 Approve the purchase of two new changeable message boards in an amount not to exceed $2400000

9 Approve a Resolution (2015-86) amending the Fiscal Year 2015 Budget in the Section 8 Housing fund for unanticipated grant revenues from the Family Self-Sufficiency Program in the amount of$2975000

10 Approve a E911 Resolution (2015-87) amending the budget to recognize unanticipated revenue arising from the compliance with accounting changes required by Florida Statute

II Approve and authorize the Chairman to sign the copier lease and maintenance agreement with Copy Products Company for the HUD Office

12 Approve State of Florida 911 Fall Grant to replace the DeFuniak Springs Police Department 911 recording device as requested by the Sheriffs Office

13 Approve and authorize the Chairman to sign the renewal agreement with Heffley and Associates for legislative and executive branch advocacy and governmental relations services on behalf of the Walton County Tourist Development Council in Florida State government

September 222015 Regular Meeting 2 Prepared by Kimberly Wilkins

14 Approve the FY 2015-2016 Florida Department of Health Walton Core Contract and Fee Resolution (2015-88)

15 Approve and authorize the Chairman to sign the Servant Leadership Training Service Contract with Northwest Florida State College in the amount of$I40000

16 Approve and authorize the Chairman to sign the Department of Economic Opportunity (DEO) Grant Agreement for 30A Transportation Alternatives

Commissioner Chapman stated he had a conflict of interest regarding the Waste

Management payments and would recuse himself from voting on their approval

Motion by Commissioner Jones Second by Commissioner Com ander to approve the

Waste Management Expenditures in the amount of $65792614 Ayes 3 Nays O Imfeld Aye

Comander Aye Chapman Abstain Jones Aye (Form 8B Chapman)

Mr Larry Jones County Administrator presented a request on behalf of Mr Sean

McSheehy Multisport for the approval of the 30A Triathlon and to close a portion of CR 30A

on October 10 2015 He stated the Walton County Sheriffs Office has not given their approval

of the event Chief Rick Talbert SWFD said the department does not recommend approving the

event and venue due to traffic and public safety He said there has been no acknowledgement to

assure that extra deputies and life guards have been secured

Motion by Commissioner Chapman Second by Commissioner Comander to deny the

30A Triathlon and to close a portion ofCR 30A on October 10 2015 Ayes 4 Nays O Imfeld

Aye Comander Aye Chapman Aye Jones Aye

Mr Jones requested the old Helen McCall Park scoreboard be declared as surplus and

donated to the City of Freeport to be used at the Freeport Sports Complex

Motion by Commissioner Com ander Second by Commissioner Chapman to declare the

old Helen McCall Park scoreboard as surplus and donate it to the City of Freeport to be used at

September 222015 - Regular Meeting 3 Prepared by Kimberly Wilkins

the Freeport Sports Complex Ayes 4 Nays O Imfeld Aye Comander Aye Chapman Aye Jones

Aye

Commissioner Meadows joined the meeting

Mr Jones requested approval of the Emergency Service Professionals of Walton County

Local 4413 Collective Bargaining Agreement He expressed his gratitude to Mr Stan Sunday

Deputy County Administrator and staff for all the hard work


Emergency Service Professionals of Walton County Local 4413 Collective Bargaining

Agreement

Chairman Imfeld also expressed his gratitude to Mr Sunday and staff Mr Sunday

recognized those who have helped to complete the process

Ayes 5 Nays O Imfeld Aye Comander Aye Chapman Aye Jones Aye Meadows Aye

Mr Jones requested to enter into negotiations with South Walton Fire District (SWFD)

and draft a new Interlocal Agreement for EMS Services He reported the current agreement

expires September 30 2016 and contains a clause which states that new contract terms must be

negotiated by September 30 2015 The SWFD has indicated they wish to renegotiate the terms

Mr Jones said that approval would allow for the renegotiation process to begin with a deadline

date of March 12016

Motion by Commissioner Chapman Second by Commissioner Jones to enter into

negotiations with South Walton Fire District and draft a new Interlocal Agreement for EMS

Services Ayes 5 Nays O Imfeld Aye Comander Aye Chapman Aye Jones Aye Meadows

Aye


Mr Jones requested approval of Task Order No 15-07 with Atkins Inc in the amount of

$12712550 for additional services for Task Order 014-011-Professional Engineering Services

for Evaluation ofApril 30 2015 Storm Event

Motion by Commissioner Comander Second by Commissioner Meadows to approve

Task Orderl5-07 with Atkins Inc in the amount of$12712500 for additional services for Task

Order 014-01 I-Professional Engineering Services for Evaluation of April 30 2015 Storm Event


Mr Jones requested to award ITB 015-030 Draper Lake Bridge Improvements to

Murphree Bridge Corporation as lowest bidder in the amount of $461135 He also requested

approval of the contract He reported the construction portion is funded by the remaining

Legislative funds in the amount of $407390 and $57945 from Public Works Road Maintenance

and Repair account He gave a brief update on the project and the goal to open the bridge as early

into 2016 as possible

Motion by Commissioner Comander Second by Commissioner Jones to approve and

award ITB 015-030 Draper Lake Bridge Improvements to Murphree Bridge Corporation as

lowest bidder Ayes 5 Nays O Imfeld Aye Comander Aye Chapman Aye Jones Aye Meadows

Aye

Mr Jones presented an update on the telephone audit which was approved last year He

reported the audit resulted in a recapture of funds in the amount of $40332 in over charges He

said an approximate $7300 reduction in costs each year is anticipated

Mr Jim Bagby TDC Executive Director requested to approve and authorize the

Chairman to sign a contract with Spring OBrien for Public Relations Services (RFP 015-027) as

lowest bidder in the amount of$123100


Motion by Commissioner Meadows Second by Commissioner Comander to approve

and authorize the Chairman to sign a contract with Spring OBrien for Public Relations Services

(RFP 015-027) as lowest bidder in the amount of $123100 Ayes 5 Nays O Imfeld Aye

Comander Aye Chapman Aye Jones Aye Meadows Aye

Mr Bagby requested to increase the American Government Services Contract for

Professional Title Services (013-027) by $7000 to include the cost of easement mailing

Motion by Commissioner Comander Second by Commissioner Chapman to increase the

American Government Services Contract for Professional Title Services (013-027) by $7000 to

include the cost of easement mailing Ayes 5 Nays O Imfeld Aye Comander Aye Chapman

Aye Jones Aye Meadows Aye

Mr Bagby reported that the revised number on the Hurricane Storm Damage Reduction

Project costs will be presented at the October 13 2015 Regular Meeting The costs have dropped

significantly The Army Corps of Engineers updates the costs every two years

Attorney Mark Davis County Attorney requested to review the Litigation Matrix and to

ratify actions of the Office of the County Attorney

Commissioner Comander asked Attorney Davis to discuss the reasons for the decrease in

the number of litigations Attorney Davis replied a number of cases have been settled or

dismissed A number of eminent domain and foreclosure cases involving the county have been

completed He reported tax deed cases would be filed on behalf of the Clerks Office

Commissioner Comander voiced the importance for the public to understand that not all legal

cases are against the county



litigation matrix and ratify actions of the office of the County Attorney Ayes 5 Nays O Imfeld

Aye Comander Aye Chapman Aye Jones Aye Meadows Aye

Attorney Davis requested to review and provide comment regarding a proposed

amendment to the Land Development Code (LDC) specifically Section 110303 and that the

proposed amendment be placed on the November 122015 Planning Commission Agenda for its

first Public Hearing He said this amendment would clarify the Recreational Plat Fee language

Motion by Commissioner Comander Second by Commissioner Meadows to approve for

the proposed amendment to LDC Section 110303 to be placed on the November 12 2015

Planning Commission Agenda for its first Public Hearing Ayes 5 Nays O Imfeld Aye


Attorney Davis requested to allow the Design Review Board to hold two additional

public workshops to consider changes to Chapter 13 of the LDC with regard to approved colors

building materials and landscape standards

Motion by Commissioner Meadows Second by Commissioner Jones to allow the Design

Review Board to hold two additional public workshops to consider changes to Chapter 13 of the

LDC with regard to approved colors building materials and landscape standards Ayes 5 Nays

O Imfeld Aye Comander Aye Chapman Aye Jones Aye Meadows Aye

Commissioner Comander requested an update on the Public Records Requests (PRR)

Attorney Davis reported there had been over 200 PRRs received this year in the County

Attorneys office and there are approximately ten which are still open He said the new position

approved by the Board would aid in responding to the requests


Commissioner Meadows requested to consider purchasing a ten acre parcel adjacent to

Helen McCall Park She said the owners approached her to see if the county would be interested

in purchasing the property She asked which steps should be followed to move forward She

discussed the need to determine how much of the acreage is usable and possible funding sources

Discussion ensued on the benefits that would come with the purchase of the property the cost of

the appraisal and the need for the Environmental Staff to review the area The Board concurred

to direct Environmental Staff to assess the parcel to determine whether or not to move forward

with the purchase of the property

Commissioner Comander said that she had been receiving several calls regarding derelict

and abandoned properties in neighborhoods and subdivisions She asked what the county could

do to address the issues Attorney Davis briefly discussed ways to address derelict properties and

said the county had Statute authority to secure the property and place a lien on the property for

the cost Discussion continued on the steps the county could take to resolve the issues

Commissioner Chapman discussed the questions raised at previous meetings regarding

the Fire Assessment MSBU Notices He said he had spoken to Mr Patrick Pilcher Property

Appraiser and Ms Rhonda Skipper Tax Collector regarding this issue He directed that staff

place on the county website the process the citizens can follow if they have questions regarding

their assessment

Chairman Imfeld and Commissioner Jones had no items to present

There were no public comments

Mr Mac Carpenter Planning and Development Services Manager requested discussion

and comments on an ordinance amending Section 110606 of the LDC and Policies L-1A1 and

L-142 of the Comprehensive Plan to allow pond construction in the Large Scale Agriculture


and General Agriculture future land use districts and grant pennission to advertise for a Public

Hearing

Commissioner Comander noted the Board had discussed to limit the ponds to ten acres or

less Commissioner Chapman said the size of the pond is relative to the size of the property and

that the 15 acres is in line with the Water Management District (WMD) requirements Mr Scott

Caraway Environmental Specialist replied that 15 acres is the largest pond size for an upland

dug pond which does not require a pennit from the WMD He said the Board could detennine

the criteria Commissioner Comander expressed the need to insure that the area is not being dug

out just to sell the dirt Mr Caraway stated an application process will be followed which

includes a requirement that the location chosen must have a soil type which is conducive with a

water table that will supply water to the pond Commissioner Comander asked if the pond

construction would be monitored Mr Caraway said that it can be added to the pennit process

Commissioner Comander recommended that follow up be done

Commissioner Meadows asked if this would only apply to the areas north of the

Choctawhatchee Bay Mr Caraway replied that it applied to all Large Scale and General

Agriculture county-wide

Motion by Commissioner Jones Second by Commissioner Chapman to advertise a

Public Hearing to consider an ordinance amending Section 110606 of the LDC and Policies Lshy

141 and L-142 of the Comprehensive Plan to allow pond construction in the Large-Scale

Agriculture and General Agriculture future land use districts

Mr Chester Carter spoke in favor of the proposed amendment


There was no additional public comment

September 22 2015 - Regular Meeting 9 Prepared by Kimberly Wilkins

Mr TH Merritt WZEP announced that an Okaloosa County Deputy had been shot He

commended the District 4 Road crew for the work they did to repair the safety issues on Hewitt

Road Miles Martin Road Agnes Trail and Tyner Lane

Mr Sean McSheehy Multisportcom readdressed the 30A Triathlon issue and asked the

Board to reconsider their motion to deny Commissioner Chapman said a motion has been made

Mr McSheehy said permission was given at an Outdoor Committee Meeting to hold the event

and he was under the impression that it would be approved by the Board as it has been in the

past Commissioner Chapman said the requests made by WCSO and SWFD had gone

unanswered Mr McSheehy said that there had been good communication to resolve any

questions by WCSO and SWFD Commissioner Jones asked Mr McSheehy if he was able to

acquire an ambulance and lifeguards Mr McSheehy said he was told at the Outdoor Committee

Meeting that he would be allowed to have an ambulance on standby He said he had told SWFD

that the lifeguards would be needed and if they were not available then another team would be

brought in Commissioner Jones replied that decisions must be made according to staffs

recommendations for safetys sake

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 are to be submitted to the clerk

Mr Carpenter requested approval of a Final Order for Hardees-Santa Rosa Beach Major

Development application submitted by SCR amp Associates NWFL Inc requesting approval to

develop a commercial facility consisting of 2474 square feet for long term lease to Hardees

The project is located at 3010 US Highway 98 in Santa Rosa Beach on +- 066 acres with a

future land use of Village Mixed Use Staff found 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 This project was continued from the September 8 2015 Regular

Meeting Mr Brian Underwood Planner stated that correspondence had been received which

indicated the site plan had been redesigned however the owneragent has not received their

FDOT permit The redesign will be submitted for permitting Commissioner Comander voiced

concern with the lack of a permit from FDOT

Commissioner Meadows asked where the loading zone would be located Mr

Underwood deferred the question to Mr Scot Rutherford Engineer Commissioner Meadows

asked where the loading zone for ACE Hardware would be located Mr Underwood said he did

not have the answer and would defer it to the agentowner He said that upon review of a larger

site plan the loading zone would be located in the extreme northwest corner of the site

Attorney Davis announced he had received an email from Planning stating that Mr

Rutherford had a family emergency and was just leaving to come to the meeting Commissioner

Meadows asked if the issue should be continued Attorney Davis replied the issue could be

continued or could be delayed and heard after the other Quasi-Judicial items to give Mr

Rutherford an opportunity to answer questions

Commissioner Meadows asked if the parallel spaces to the west were a designated

loading zone Mr Underwood replied yes

Chairman Imfeld directed the issue be delayed until after the other Quasi-Judicial items

to allow Mr Rutherford time to arrive

Mr Underwood presented Hinton Road Abandonment an abandonment petition

submitted by Emerald Coast Associates abandoning the east 21 feet of the West 33 feet of

Government Lot 22 Section 24 Township 3 South Range 19 West of Walton County Florida


less and except the north 10 feet thereof with a future land use of Neighborhood Intill The

project is located at the southeast comer of the intersection of Hinton Drive and Hinton-Bishop

Drive Staff found 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 He

reported that the Planning Commission recommended denial of the request

Commissioner Comander voiced concern with abandoning property that could be used by

the county Commissioner Meadows asked what Public Works recommended Mr Underwood

stated a memo had been received from Public Works recommending denial

Commissioner Comander referred to page 7 of the Staff Report which indicates that a

beach access had been constructed in the easement and that signage had been placed indicating

the area was private She felt that the sign should be removed since this is a public area

Mr Dean Burgis Emerald Coast Associates briefly discussed the abandonment and said

the applicants position is that the county does not have legal ownership of the easement He said

the easement has been privately maintained for many years There are no public utilities in the

easement and the abutting easement to the west has been abandoned He said to use the easement

for public access to the beach would not be prudent Mr Burgis said the applicant is proposing to

maintain a 12 foot easement and only abandon a portion of the easement to allow for continued

private access to the beach He stated the land owner would like the opportunity to utilize the

land Commissioner Meadows said she understood the owners were wishing to split the lot into

two separate lots Mr Burgis said the applicant wanted the lots to be large enough for market

conditions for building

Attorney Mike Burke Coleman Family Representative said that the easement is a patent

easement and was obtained by his clients through a lease with the Bureau of Land Management


over 60 years ago the lease became a fee simple title to the property He informed the Board the

division of the property was a part of a potential sale contract and that the contract has since been

canceled He said if this was county property then the county had no way to access these

easement due to privately owned and maintained roadways Attorney Burke addressed

Commissioner Comanders concerns regarding the private beach access He said the Brown

Family was given that easement many years ago and the boardwalk is neither county nor TDC

maintained He said his client is seeking to abandon the 23 feet easement

Commissioner Meadows said according to Public Works Hinton Road IS a county

maintained road and the easement is a county easement

Commissioner Chapman asked if the lot located to the west of the easement belongs to

the county Attorney Burke stated he was not aware of any government owned property in that

area He said he had checked the county list of maintained roads and did not find Hinton Road or

Hinton-Bishop Drive on the list Mr Greg Graham Public Works Engineer said he reviewed the

proposed abandonment and said it was public easement which carne from a government patent

He said the public has the right to access the beach from 30A through that easement He

confirmed the roads were not maintained by the county

Mr James Coleman discussed his familyS history in the area and said there is a project

which has gone through technical review to widen Hinton Road He read a comment from the

technical review which indicated that a HOA must be created to maintain the roads He disputed

the countys right to the easement He also discussed an earlier abandonment in the same area

Attorney Burke reiterated his clients position that the county never accepted this

property He requested approval of the abandonment


Attorney Davis disagreed with Attorney Burkes position and said eventually the courts

would have to decide on a number of these easements Commissioner Comander asked why an

abandonment was allowed on the other side Attorney Davis said he did not have the answer

Commissioner Meadows felt it would be a dangerous precedent to set and that a legal

rendering would need to be made

Motion by Commissioner Meadows Second by Commissioner Jones to deny the Hinton

Road Petition for Abandonment Ayes 3 Nays 2 Imfeld Nay Comander Nay Chapman Aye

Jones Aye Meadows Aye

Mr Carpenter presented Miramar Beach Mattress Firm Major Development Final Order

submitted by cap Miramar MF LLC consisting of a 5700 square foot commercial building on

+- 175 acres with a future land use of Coastal Center The project is located at the northwest

comer of the US Highway 98 and Ponce De Leon Street intersection Staff found 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

Mr Jim Barton Seaside Engineering and Surveying briefly discussed the project and

was available for questioning Discussion continued regarding stormwater provisions access to

the project tum lanes transportation fees and Proportionate Fair Share fees

Motion by Commissioner Jones Second by Commissioner Meadows to approve

Miramar Beach Mattress Firm Major Development Final Order Ayes 5 Nays O Imfeld Aye

Comander Aye Chapman Aye Jones Aye Meadows Aye (Exhibit Staff Report-I)

Mr Carpenter readdressed the Hardees-Santa Rosa Beach issue and presented a copy of

the proposed changes to the projects site plan Mr Underwood discussed the changes which


includes consolidating the ACE Hardware and Hardees driveway Discussion ensued regarding

the changes to the site plan and loading zones

Mr Scot Rutherford Project Engineer arrived and addressed the questions raised

regarding access tum lane stormwater loading zones and safety issues


amended Hardees-Santa Rosa Beach Major Development plan upon contingencies as stated

Mr Rutherford said he had received verbal approval from FDOT regarding the change to

the site plan and that a permit would be issued upon receipt of the amended plan


(Exhibit Staff Report-I Staff Amended Site Plan-2)(Ex Parte Jones)

There being no further items to present the meeting was adjourned

Bill Imfeld Chairman


Fine amp Forfeiture $ 22224975 Section 8 Housing $ 97840 Tourist Dev Council $ 11262762 WM($ 2011351) NW Mosquito Control $ 719200 Recreation Plat Fee $ 503611 Solid Waste Enterprise $ 67129417 WM ($ 63781263) Bldg DeptEnterp Fund $ 178737 Imperial Lakes MSBU $ 251766 Leisure Lake MSBU $ 181200 Capital Projects Fund $ 823320 Mossy Head Ind Park $ 11817383

Totals $237620442 WM ($ 65792614)

Grand Total $171827828

3 Approve purchase of a pressure washer for the District 3 Road Department in an amount not to exceed $370000

4 Approve purchase of a 40x84 pole barn kit for the District 3 Road Department in an amount not to exceed $730000

5 Approve purchase and installation of a 10000 gallon fuel tank at the District 3 Road Department facility in an amount not to exceed $9000000

6 Approve purchase of a plasma cutter for the welding shop in an amount not to exceed $150000

7 Request to approve the reappointment of Dr James Howell as EMS Medical Director for a period of one year and increase the stipend from $120000 per month to $150000 per month

8 Approve the purchase of two new changeable message boards in an amount not to exceed $2400000

9 Approve a Resolution (2015-86) amending the Fiscal Year 2015 Budget in the Section 8 Housing fund for unanticipated grant revenues from the Family Self-Sufficiency Program in the amount of$2975000

10 Approve a E911 Resolution (2015-87) amending the budget to recognize unanticipated revenue arising from the compliance with accounting changes required by Florida Statute

II Approve and authorize the Chairman to sign the copier lease and maintenance agreement with Copy Products Company for the HUD Office

12 Approve State of Florida 911 Fall Grant to replace the DeFuniak Springs Police Department 911 recording device as requested by the Sheriffs Office

13 Approve and authorize the Chairman to sign the renewal agreement with Heffley and Associates for legislative and executive branch advocacy and governmental relations services on behalf of the Walton County Tourist Development Council in Florida State government

























Aye







Agreement









date of March 12016




Aye


















Aye






































































their assessment








Hearing

















































































































































































Aye







Agreement









date of March 12016




Aye


















Aye






































































their assessment








Hearing










































































































































































Aye






































































their assessment








Hearing
























































































































































































































their assessment








Hearing



























































































































































Hearing


























































































































































september 22, 2015 - regular meeting the board of county

Documents