Here is the agenda for the County Commission meeting on Tuesday, February 11, 2014 starting at 4PM at the South Walton Courthouse Annex. Items that may be of particular relevance south of the Bay are highlighted in blue. More detailed information on some of agenda items is located at the end of the agenda.
AGENDA
2:30 PM Executive Session
Oil Spill by the Oil Rig “Deepwater Horizon” Local Government Entities (2:10-VC-099999-CJB-
SS)
4:00 PM Invocation and Pledge of Allegiance to the American Flag
Call to Order
Consider Additions/Deletions
Approval of Agenda with additional and/or deletions
Public Comments – please limit comments to five minutes or less
Items removed from Consent Agenda for further discussion
Approval of Consent Agenda
- Clerk’s Items:
-
- Approve Expenditure Approval List (EAL)
- Approve Minutes of January 28, 2014 Regular Meeting
- Approve Surplus Equipment request from the Clerk’s office of a Duplex Scanner
- Administrative Items:
-
- Approve Quarterly Report from the Life Enrichment Senior Center for October, November and December 2013
- Re-appoint Charlotte Flynt to the Code Enforcement Board for another term
- Approve to advertise for an RFP for the construction of two 60’ X 120’ tennis courts and one under age 10 court, with fencing and lights at Helen McCall Park to be funded by District 5 Recreation Plat Fees
- Request to purchase a ULV Spray Unit for North Walton Mosquito Control with State funds to replace the existing unit on BCC 7419, costing approximately $7,000
- Approve a Resolution recognizing the 125[SUP]th[/SUP] Anniversary of Florida Public Health Day on February 20[SUP]th[/SUP]
- Re-appoint Art Miller to the Zoning Board of Adjustments for another three year term
- Approve Invoice from Andrews & Davis Attorney At Law, L.L.C. for overages in the amount of $2,290.00
- Agreements/Contracts:
-
- Approve Maintenance Agreement with the Florida Department of Transportation to replace existing cross drains on SR 83 over Juniper Creek with a new bridge
- Approve the Local Agency Program Supplemental Agreement #2 (to correct the typographical error on page 2) to correct the CEI amount funded at $270,000.00 and change it to $232,000.00 for CR 2 Paved Shoulders from Thad Bell Road to SR 83
1. Administration
a. Fireworks Legislation
b. Offer to Purchase letter for property located in the Mossy Head Industrial Park
c. Mossy Head Industrial Park Proposal
d. Mossy Head Industrial Park Waste Water Treatment Facility
e. Approve Mutual Aid Agreement with the City of Freeport
f. State and Federal Appropriations Priorities for 2014
2. Public Works
a. Review the Local RESTORE Act Committee’s recommendation and provide comments
b. Update on Geronimo northbound right turn lane
3. Planning Department
a. Request to consider recommendation to amend the Land Development Code definition of “Limited Lodging” appearing in multiple sections of Chapter 2
4:15 PM Jim Bagby, TDC Executive Director
1. Approve Budget Amendment for Emerging Markets
2. Updates
4:25 PM Mark Davis, County Attorney
1. Animal Control Hearing Officer Proposal
4:30 PM Public Hearings:
- Approve a Resolution amending the Budget to move $250,000 from the Solid Waste Landfill Fund Reserves into the Capital Projects Fund for the Emergency Operations Center Renovations for FY 2013-2014
4:40 PM Vice-Chair Cindy Meadows, District Five
4:50 PM Commissioner Sara Comander, District Four
4:55 PM Commissioner Bill Imfeld, District Three
5:00 PM Commissioner Kenneth Pridgen, District Two
5:05 PM Chairman W.N. “Bill” Chapman, District One
- Proposal from the Office of County Attorney
5:10 PM Citizen Requests:
5:15 PM Additional Public Comments - please limit comments to five minutes or less
Agenda Recap - Staff Review of Directives
5:20 PM QUASI-JUDICIAL ITEMS:
1. John Minger SSA 13-018 - AN ORDINANCE OF WALTON COUNTY, FLORIDA, ADOPTING A FUTURE LAND USE MAP AMENDMENT TO THE WALTON COUNTY COMPREHENSIVE PLAN; SETTING FORTH THE AUTHORITY FOR ADOPTION; AMENDING THE FUTURE LAND USE MAP; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVDIING FOR SEVERABILITY AND CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Project number 13-00600015 is being reviewed by Tim Whaler. This is an application submitted by Kermit George, for proposed small scale amendment to the Future Land Use Map of the Walton County Comprehensive Plan, requesting approval of an amendment to 8.95 acres from Estate Residential to General Commercial, to be adopted by ordinance. The project is located on West Indian Creek Road east boundary of parcel is 670 feet east of Hwy. 331 and is identified by parcel number(s) 23-2n-19-18000-021-0010. (Applicant request to continue to March 11, 2014)
2. Peach Creek Phase 2A Plat - Project number 13-00300017 is being reviewed by Brian Underwood. This is a plat application submitted by Innerlight Engineering Corporation, requesting approval to plat 40 residential lots in Peach Creek, consisting of 28.04 acres with a future land use of Conservation Residential 2:1. The project is located adjacent to Old Ferry Road and identified by parcel number(s) 36-2s-19-24000-008-0000. (Applicant requests to continue to the February 25, 2014 BCC)
Adjourn
1. FIREWORKS LEGISLATION under County Administrator Larry Jones. This is a continuation of the same agenda item from the previous meeting. Staff is asking for Board direction on whether the Commissioners want to express any objection to the current bills proposed in the State Legislature which would remove the current Florida ban on the use and sale of fireworks. (HB 4005 & SB 314) The portions we have highlighted in blue in the Summary indicate the County's authority and the repeal of authority of the county, fire department, etc. for public displays on private residential property. Note that a disclaimer is required whereby a buyer acknowledges that "fireworks are inherently dangerous and may result in fire, property damage, or serious bodily harm." SWCC is seeking some more detailed clarification on the full extent of the County's authority to regulate the sale and use of fireworks if the current state ban is repealed. We are not sure of the impetus for this proposal and the implications, if any, for the community, particularly during tourist season for increased noise, litter and fire hazards. We have only copied a Summary of the bills provided in the Board's packet. You can get a copy of both bills from the County Administrator. If you have any concerns about this proposed state legislation you may want to attend this meeting to learn more about the proposals and the implications for the community if the state law is repealed.
"I. Summary:
CS/SB 314 repeals the ban on the sale and use of fireworks in Florida, but it prohibits the sale of
fireworks, sparklers, and novelties to any person under 16 years old. It also gives local
governments the authority to regulate the sale and use of fireworks, sparklers, and novelties, and
the authority to require retailers to take reasonable steps to determine that a buyer is eligible to
purchase fireworks under an exemption.
The bill also repeals regulations related to sparklers, including the testing and approval
requirements for sparklers; the penalty for selling unapproved sparklers; and the registration and
fee requirements for manufacturers, distributors, and wholesalers of sparklers. The bill retains
the storage requirement for sparklers.
The bill requires fireworks retailers to annually register with the State Fire Marshall; to pay an
annual registration fee of $15 per location for retailers and $200 for seasonal retailers; and to
obtain at least $2 million in comprehensive, liability, and property damage insurance coverage
and provide proof of coverage to the State Fire Marshall. Retailers are also required to provide
buyers with a disclaimer that the buyer must sign and date. The disclaimer acknowledges that the
buyer is at least 16 years old; has read ch. 791, F.S.; and is purchasing and using the fireworks
under the agricultural and fisheries exception or is purchasing and using the fireworks for
personal recreational use; and understands that fireworks are inherently dangerous and may
result in fire, property damage, or serious bodily harm.
The bill repeals the state requirement that public displays of fireworks must have the inspection
and approval of the county commissioners, the chief ofpolice, and the fire department, and it
repeals the bond requirement for such approved public fireworks displays.
The bill retains the requirements that outdoor displays of fireworks are regulated by the National
Fireworks Association Code of Fireworks Display and that counties and municipalities may
enact more stringent regulations for outdoor fireworks displays done on property other than
private, residential property. The bill updates the Code of Fireworks Display to the 2014 edition. "
2. STATE AND FEDERAL APPROPRIATIONS PRIORITIES under County Administrator. This agenda item sets out the priorities for requested funding under state and federal programs.
State funding priorities include , among other things, several requests relating to the Mossy Head Industrial Park and replacing the failing Draper Lake culvert with a bridge. The federal appropriation request includes the Mossy Head items again and a Coastal Dune Lake Environmental Assessment.
3. RESTORE ACT COMMITTEE RECOMMENDATIONS under Public Works. This agenda item is the initial draft of the Walton County Restore Act Committee's proposed Comprehensive Plan. (CP) Generally the CP is "designed to facilitate efforts to restore local ecosystems and economies impacted as a result of the Deepwater Horizon oil spill. This Plan provides a framework to define and implement Walton County's efforts to restore, protect and revitalize its ecosystems and economy." The Committee has done a lot of work on this initial draft as a starting point for the County. As the documents indicate the Plan will be more completely and fully developed as more information about the funding is determined and with input from the Commissioners, the RA Committee and the public.
4. REQUEST TO CONSIDER RECOMMENDATION TO AMEND THE LAND DEVELOPMENT CODE DEFINITION OF "LIMITED LODGING" under Planning Department agenda item. The allowance of "limited lodging" is found in several land uses. The Comprehensive Plan (CP) defines Limited Lodging as "any lodging facility ranging up to 125 rooms. The number of rooms appropriate for a specific site shall be determined on the basis of the land use category." (emphasis added) Certain provisions in the Land Development Code (LDC) can be more restrictive than the CP. Therefor the LDC limits Limited Lodging in the Coastal Center land use, for example, to 75 rooms. There is a letter in the County file from an attorney which includes reference to an attached document that is a "draft proposed Ordinance which amends the County's Land Development Code by increasing the maximum number of rooms from 75 rooms to 125 rooms allowed in Limited Lodging in Coastal Center." He indicates that "(w)e need to move this forward as an LDC amendment." Unfortunately, the proposed amendment is not included in the documents in the public file. An amendment to the Land Development Code involves a public hearing process which would have to take place in the future following the appropriate legal notices. SWCC may have more comments on this item once we see the proposed draft. As the private request seems limited to one land use, we are not sure why this agenda item involves amending the definition and thereby potentially limit the County's ability to place room restrictions on Limited Lodging in other land uses where the current maximum of 125 rooms may be inappropriate for the size parcel, surrounding area, etc.