AGENDA
WALTON COUNTY
BOARD OF COMMISSIONERS
March 25, 2014
1. This agenda includes several items pertaining a recent legal settlement of two County claims filed against BP for loss of revenue as a result of the BP oil spill. The County will receive a Total Recovery of $5,370,000 for a claim for lost tax revenue (TDC claim) and 3.35 million dollars for loss of general revenue by the County. The awards include attorney fees for a number of law firms. Some questions have arisen regarding the authorization for the employment of the firms. There are several agenda items under the County Attorney which purport to ratify any issues regarding the hiring of the firms by both the County Commissioners and the TDC Director employed at that time.
BP Settlement Funds under “County Administrator”. This item involves a discussion on how to allocate the funds recently awarded to the county as a result of its claim for loss of general revenue attributed to the BP oil spill. As the funds are replacing loss of general revenue County Staff are suggesting the funds not be allocated to any use which would require subsequent funding.
Settlement of BP Claim Award to TDC. The County has been awarded $5,370,000 under a Settlement Agreement involving a TDC claim for lost tax revenue. A “Hold Back” of 6% ($322,200) pertaining to a portion of the attorneys’ fees will be held in an escrow account. The net payment to the County is $4,280,983.66. The TDC hired five legal firms. The Final Settlement Distribution Statement approves attorneys’ fees in the amount of $1,074,000.00. There are more details to this settlement agreement which we assume will be discussed at the meeting. A copy of the Final Settlement Distribution Statement for the TDC claim is attached to this email. We do not have a copy of a similar statement for the County’s general claim. TDC BP Final Settlement Distribution Statement.pdf
2. Draft Pumping on Private Property under "Public Works". This agenda items establishes the suggested policy and criteria "for processing requests to initiate pumping operations on private property in the face of flooding as the result of natural circumstances or conditions attributed to some systematic failure of a water producing source."
3. County Right of Way Abandonment on CR 30A and CR 395 intersection. The Board packet indicates a request that this item be removed to the 4/22/14 agenda.
8:30 AM Executive Session
James and Melanie Nipper vs. Walton County, Florida, Case No. 2013CA694
9:00 AM Invocation and Pledge of Allegiance to the American Flag
Call to Order
Consider Additions/Deletions
Addition:
Under County Attorney
10. Informational Item – Pictures…update
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
1. Clerk’s Items:
1. Approve Expenditure Approval List (EAL)
2. Approve Minutes of March 11, 2014 Regular Meeting
2. Administrative Items:
1. Approve to advertise for an RFP for an Insurance Consultant
2. Approve the installation and repair of card readers in the amount not to exceed $13,000 for both the Walton County Courthouse and the South Walton Courthouse Annex
3. Budget Amendment Resolutions/Transfers:
1. Approve a Budget Amendment transferring funding for the Department of Corrections to the Walton County Sheriff’s Office
2. Approve a Resolution to amend the Budget in the Tourist Development Council fund in the amount of $5,370,000 for unanticipated revenue from the BP “Deepwater Horizon” Oil Spill Final Settlement Agreement
3. Approve a Resolution amending the budget in the Sidewalk fund for Professional Services in the amount of $36,000
4. Approve a Resolution to amend the budget in the Fine and Forfeiture fund to recognize unearned grant revenue in the amount of $145,340 for an E911 Grant
4. Agreements/Contracts:
1. Approve the FY 2014 Small County Consolidated Grant Agreement (Landfill Grant from DEP)
2. Approve a Resolution authorizing the County Grants Coordinator to apply for and administer a Grant from the Florida Fish and Wildlife Conservation Commission through the Florida Boating Improvement Program for the Shoal River Boat Ramp project
9:05 AM Larry D. Jones, County Administrator
1. Administration
a. Bill Bard, President of Friends of the Walton County Animal Shelter – Presentation
regarding an Oxygen Concentrator donated by the Friends of the Shelter
b. Consider request from the School Board to utilize the Boardroom at the South Walton
Courthouse Annex
c. Jay Howard purchase offer update
d. Request to approve a Notice to Proceed to Polyengineering for final design and bid
documents relating to the Mossy Head Industrial Park Waste Water Treatment Facility
e. Request to re-designate Negotiation Team to consist of Mr. Jerry Copeland, Mrs.
Wanda Quimby, Mrs. Ella Mae Walters, Mr. Stan Sunday and Chief Brian Coley for
the Union Contract
f. BP Settlement Funds
2. Public Works
a. Request the Board to review and approve the draft Pumping on Private Property Policy
3. Planning Department
a. Request to approve Civil Citations Fees recommendation and Resolution
9:15 AM Jim Bagby, TDC Executive Director
9:20 AM Mark Davis, County Attorney
9:40 AM Commissioner Sara Comander, District Four
9:45 AM Commissioner Bill Imfeld, District Three
9:50 AM Commissioner Kenneth Pridgen, District Two
9:55 AM Chairman W.N. “Bill” Chapman, District One
10:00 AM Citizen Requests:
10:05 AM Additional Public Comments - please limit comments to five minutes or less
Agenda Recap - Staff Review of Directives
10:15 AM 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. (This item was continued from the March 11, 2014 BCC Meeting.)2. Walton County CR 395/30A Abandonment – Project number 14-00800001 is being reviewed by Tim Whaler. This is a petition for abandonment application submitted by Walton County, consisting 0.138 acres of right-of-way, adjacent and contiguous to parcels with a future land use of Residential Preservation. The project is located on the southeast corner of the intersection of CR 395 and CR30A. (Request to Table)3. EcoLead Homes LLC, Readoption of Resolution for Abandonment - Project number 13-00800001 is being reviewed by Tim Whaler. This is a request to readopt the previously approved resolution for abandonment submitted by Ketchersid & Cranford Esq, consisting of 0.112 acres with a future land use of Coastal Center. The project is located on the south side of U.S. Hwy. 98 East and is identified by parcel number(s) 34-2s-21-42000-049-0000.Adjourn
WALTON COUNTY
BOARD OF COMMISSIONERS
March 25, 2014
1. This agenda includes several items pertaining a recent legal settlement of two County claims filed against BP for loss of revenue as a result of the BP oil spill. The County will receive a Total Recovery of $5,370,000 for a claim for lost tax revenue (TDC claim) and 3.35 million dollars for loss of general revenue by the County. The awards include attorney fees for a number of law firms. Some questions have arisen regarding the authorization for the employment of the firms. There are several agenda items under the County Attorney which purport to ratify any issues regarding the hiring of the firms by both the County Commissioners and the TDC Director employed at that time.
BP Settlement Funds under “County Administrator”. This item involves a discussion on how to allocate the funds recently awarded to the county as a result of its claim for loss of general revenue attributed to the BP oil spill. As the funds are replacing loss of general revenue County Staff are suggesting the funds not be allocated to any use which would require subsequent funding.
Settlement of BP Claim Award to TDC. The County has been awarded $5,370,000 under a Settlement Agreement involving a TDC claim for lost tax revenue. A “Hold Back” of 6% ($322,200) pertaining to a portion of the attorneys’ fees will be held in an escrow account. The net payment to the County is $4,280,983.66. The TDC hired five legal firms. The Final Settlement Distribution Statement approves attorneys’ fees in the amount of $1,074,000.00. There are more details to this settlement agreement which we assume will be discussed at the meeting. A copy of the Final Settlement Distribution Statement for the TDC claim is attached to this email. We do not have a copy of a similar statement for the County’s general claim. TDC BP Final Settlement Distribution Statement.pdf
2. Draft Pumping on Private Property under "Public Works". This agenda items establishes the suggested policy and criteria "for processing requests to initiate pumping operations on private property in the face of flooding as the result of natural circumstances or conditions attributed to some systematic failure of a water producing source."
3. County Right of Way Abandonment on CR 30A and CR 395 intersection. The Board packet indicates a request that this item be removed to the 4/22/14 agenda.
8:30 AM Executive Session
James and Melanie Nipper vs. Walton County, Florida, Case No. 2013CA694
9:00 AM Invocation and Pledge of Allegiance to the American Flag
Call to Order
Consider Additions/Deletions
Addition:
Under County Attorney
10. Informational Item – Pictures…update
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
1. Clerk’s Items:
1. Approve Expenditure Approval List (EAL)
2. Approve Minutes of March 11, 2014 Regular Meeting
2. Administrative Items:
1. Approve to advertise for an RFP for an Insurance Consultant
2. Approve the installation and repair of card readers in the amount not to exceed $13,000 for both the Walton County Courthouse and the South Walton Courthouse Annex
3. Budget Amendment Resolutions/Transfers:
1. Approve a Budget Amendment transferring funding for the Department of Corrections to the Walton County Sheriff’s Office
2. Approve a Resolution to amend the Budget in the Tourist Development Council fund in the amount of $5,370,000 for unanticipated revenue from the BP “Deepwater Horizon” Oil Spill Final Settlement Agreement
3. Approve a Resolution amending the budget in the Sidewalk fund for Professional Services in the amount of $36,000
4. Approve a Resolution to amend the budget in the Fine and Forfeiture fund to recognize unearned grant revenue in the amount of $145,340 for an E911 Grant
4. Agreements/Contracts:
1. Approve the FY 2014 Small County Consolidated Grant Agreement (Landfill Grant from DEP)
2. Approve a Resolution authorizing the County Grants Coordinator to apply for and administer a Grant from the Florida Fish and Wildlife Conservation Commission through the Florida Boating Improvement Program for the Shoal River Boat Ramp project
9:05 AM Larry D. Jones, County Administrator
1. Administration
a. Bill Bard, President of Friends of the Walton County Animal Shelter – Presentation
regarding an Oxygen Concentrator donated by the Friends of the Shelter
b. Consider request from the School Board to utilize the Boardroom at the South Walton
Courthouse Annex
c. Jay Howard purchase offer update
d. Request to approve a Notice to Proceed to Polyengineering for final design and bid
documents relating to the Mossy Head Industrial Park Waste Water Treatment Facility
e. Request to re-designate Negotiation Team to consist of Mr. Jerry Copeland, Mrs.
Wanda Quimby, Mrs. Ella Mae Walters, Mr. Stan Sunday and Chief Brian Coley for
the Union Contract
f. BP Settlement Funds
2. Public Works
a. Request the Board to review and approve the draft Pumping on Private Property Policy
3. Planning Department
a. Request to approve Civil Citations Fees recommendation and Resolution
9:15 AM Jim Bagby, TDC Executive Director
- 1. Request to amend the 2013-14 Improvements Other Than Buildings line item – Montego Walkover Improvements to the Timpoochee Trail Sign Replacement Project in the amount of $30,446 to replace the Timpoochee Trail signs and award Bid # 014-007 to the low bidder Creative Mailbox Designs, LLC in the amount of $30,442.00
9:20 AM Mark Davis, County Attorney
- 1. Request to approve contract with Creative Mailbox Designs, LLC for Bid #014-007 - Timpoochee Trail Wayfinding Sign Replacement
- 2. Request to ratify Agreement with Beasley, Allen, Crow, Methvin, Portis and Miles, P.C. and Adkinson Law Firm, LLC
- 3. Request to ratify agreements between Walton County, TDC and Adkinson Law Firm
- 4. Request to ratify contract with Nix Patterson & Roach, LLP
- 5. Request approval of the Volunteer Agreement Form for use by the County
- 6. Request approval of the Parks Fee Resolution
- 7. Request approval of a Resolution authorizing the County Attorney to execute satisfaction or release of Code Enforcement Liens
- 8. Request to approve the Multi-Use Pathways and Pedestrian Bridges Over Inland Lakes and Water Bodies Resolution
- 9. Pending Litigation Status
- 10. Informational Item – Pictures…update
- 1. Approve a Resolution Amending the Budget to recognize $288,230.00 in Proportionate Fair Share funding to construct Northbound and Southbound turn lanes at the intersection of US 98 and CR 395
9:40 AM Commissioner Sara Comander, District Four
9:45 AM Commissioner Bill Imfeld, District Three
9:50 AM Commissioner Kenneth Pridgen, District Two
9:55 AM Chairman W.N. “Bill” Chapman, District One
10:00 AM Citizen Requests:
10:05 AM Additional Public Comments - please limit comments to five minutes or less
Agenda Recap - Staff Review of Directives
10:15 AM 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. (This item was continued from the March 11, 2014 BCC Meeting.)2. Walton County CR 395/30A Abandonment – Project number 14-00800001 is being reviewed by Tim Whaler. This is a petition for abandonment application submitted by Walton County, consisting 0.138 acres of right-of-way, adjacent and contiguous to parcels with a future land use of Residential Preservation. The project is located on the southeast corner of the intersection of CR 395 and CR30A. (Request to Table)3. EcoLead Homes LLC, Readoption of Resolution for Abandonment - Project number 13-00800001 is being reviewed by Tim Whaler. This is a request to readopt the previously approved resolution for abandonment submitted by Ketchersid & Cranford Esq, consisting of 0.112 acres with a future land use of Coastal Center. The project is located on the south side of U.S. Hwy. 98 East and is identified by parcel number(s) 34-2s-21-42000-049-0000.Adjourn