OKALOOSA-WALTON TPO MEETING MINUTES

June 20, 2013Page 1

OKALOOSA-WALTON TRANSPORTATION PLANNING ORGANIZATION (TPO) MEETING MINUTES

WEST FLORIDA REGIONAL PLANNING COUNCIL (Designated staff)

NICEVILLE COMMUNITY CENTER, 204 North Partin Drive; Niceville, FL

June 20, 2013

Members Attending:

Councilman Jim Wood, Jr. ChairmanCity of Destin

Councilman Dick Rynearson, Vice Chairman City of Ft. Walton Beach

Councilman Larry WilligesCity of Destin

Mayor Pro-Tem Ronald StearnsCity of Mary Esther

Councilwoman Amy JamiesonCity of Ft. Walton Beach

Councilman Trey GoodwinCity of Ft. Walton Beach

Councilwoman Judy BoudreauxCity of Niceville

Councilwoman Robin HeltCity of Crestview

Councilman MickeyRytmanCity of Crestview

Commissioner Joe MorganCity of Valparaiso

Commissioner Kelly WindesOkaloosa County

Commissioner Nathan BoylesOkaloosa County

Commissioner David ParisotOkaloosa County

Commissioner Bill ChapmanWalton County

Commissioner Bill ImfeldWalton County

Others Attending:

Jim DeVriesFDOT

Brian PettisFDOT

George HollandFDOT

Lee SmithFDOT

David PrichardEglin Air Force Base

Kelly KnightEglin Air Force Base

Cory WilkinsonHDR

Sandee LaunchQCA

John HofstadOkaloosa County

Jeff SkipperWalton County

George WagnerISP - NWFSC

Phil BabiakCitizen

Mary RobinsonTPO Staff

Mary Beth WashnockTPO Staff

Brian YoupatoffTPO Staff

Vikki GarrettTPO Staff

Terry JosephTPO Staff

A.CALL TO ORDER– Chairman Woodcalled the meeting to order.

B.ADD ON ITEMMembership Certification for Transportation Disadvantaged Boards for Okaloosa and Walton Counties - Ms. Washnock stated that the item was for membership certification for the Transportation Disadvantaged Board. The certification is done every year to enable the TPO to be aware of persons serving on the boards.

Councilwoman Helt moved to approve the add on item, Commissioner Morgan seconded, and the motion passed unanimously.

C. PUBLIC FORUM

Chairman Wood called for speakers. Mr. Babiak expressed that he would like to speak after the HDR presentation.

D.APPROVAL OF CONSENT AGENDA – Chairman Wood called for a motion to approve the consent agenda.

Councilwoman Helt moved to approve the consent agenda, Commissioner Boyles seconded, and the motion passed unanimously.

E.ACTION ITEMS:

  1. Consideration of Resolution O-W 13-09 Amending the FY 2013-2017 Transportation Improvement Program (TIP)to Add #2227131, Lighting Project for SR 8 (I-10) at CR 189 –Mr. Holland addressed the members, stating that Florida Department of Transportation (FDOT) was asking for consideration to change the TIPto include a design phase for lighting at I-10 at County Road 189, at Exit 45 along Interstate 10. He said the TIP did not reflect; however, that FDOT had been told that in the year 2014-2015 the construction phase will be added to the facility. Currently FDOT was asking that before the end of the current fiscal year, that they receive approval to move forward with the design phase.

Councilwoman Heltmoved to authorize the TPO Chairman to sign Resolution O-W 13-09 amending the FY 2013-2017 Transportation Improvement Program to add #2227131, Lighting Project for SR 8 (I-19) at CR 189; Commissioner Boylesseconded, and the motion passed unanimously.

A roll call vote was taken:

Commissioner ParisotYes

Commissioner BoylesYes

Commissioner WindesYes

Councilman GoodwinYes

Councilman RytmanYes

Councilwoman HeltYes

Commissioner MorganYes

Councilwoman BoudreauxYes

Mayor Pro-Tem StearnsYes

Councilman WoodYes

Councilman WilligesYes

Commissioner ImfeldYes

Commissioner ChapmanYes

  1. Consideration of Resolution O-W 13-07Adopting the Okaloosa-Walton TPO FY 2014-2018 Transportation Program (TIP)–Chairman Wood advised a roll call vote and public hearing were required. Ms. Washnock reported that the TIP was approved once a year.

Public Hearing - Chairman Wood asked if anyone from the public wished to speak. There being no speakers the public hearing was closed.

Ms. Washnock stated the TIP was at the end of the cycle for the transportation planning process. She said the process will begin in August with project priorities, and that they would be finalized in September. The priorities will be forwarded to FDOT. FDOT will coordinate the prioritieswith their Work Program, and present the Work Program to the TPO in December. It will then be forwarded to the Legislature, and then TPO staff will complete the TIP.

Ms. Washnock stated that comments regarding the TIP were included in the agenda, with staff's responses.

Councilman Williges moved to authorize the TPO Chairman to sign Resolution O-W 13-07 adopting FY 2014-2018 Transportation Program (TIP); Mayor Pro-Tem Stearns seconded, and the motion passed unanimously.

A roll call vote was taken:

Commissioner ParisotYes

Commissioner BoylesYes

Commissioner WindesYes

Councilman GoodwinYes

Councilman RytmanYes

Councilwoman HeltYes

Commissioner MorganYes

Councilwoman BoudreauxYes

Mayor Pro-Tem StearnsYes

Councilman WoodYes

Councilman WilligesYes

Commissioner ImfeldYes

Commissioner ChapmanYes

  1. Consideration of Resolution O-W 13-08Approving Apportionment of the Okaloosa-Walton TPO Membership–Ms. Robinson presented the item and stated that it is done every ten years. She said TPO or MPO memberships in the state of Florida cannot exceed 19. County commissioners must make up at least 20% of the voting membership. The city with the largest population in the urbanized area must approve the membership, before forwarding to the governor's office for final approval.

Ms. Robinson stated indicators were assigned to each of the local governments based on population and the land area. Okaloosa County was 44%, Walton County was 33%. Crestview was the next largest and Crestview had to approve the apportionment. Next was Ft. Walton Beach, followed by Niceville, Destin, DeFuniak, Valparaiso, Freeport, and Mary Esther. Less than 1% were Shalimar and Cinco Bayou which traditionally did not hold a voting membership.

Ms. Robinson reviewed several scenarios shown in the agenda package. Mr. Youpatoff said the Technical Coordination Committeerecommended adding one member to Crestview, dropping one member from Ft. Walton Beach, and swapping Mary Esther and Freeport's membership. This would give Freeport one member, and leave Mary Esther without a member.

Councilman Williges noted that 42% of the membership was comprised of county commissioners. He also noted Mayor Pro-Tem Stearns represented Mary Esther and was a loyal attendant of the meetings, and he did not want to see Mary Esther lose representation.

Mayor Pro-Tem Stearns acknowledged that Mary Esther was shorted in the scenarios. He had checked Florida Statute 339175 and presented a copy of the statute regarding voting membership. The statute stated that county commissioners shall not compose less than 20% of the MPO. He said the statute was written many years ago, when MPOs were a single county entity, and all county commissioners were members; and municipalities in the MPA area had members. He said an MPO with 19 members, located in the county, with more than six county commissioners, (which there are not unless the two counties are combined)--in which case county commissioner members may compose less than 1/3 of a percent ("percent" he assumed was a typo) of the voting population. He said 1/3 of the 19 member is 6.3 members.

Mayor Pro-Tem Stearns referenced an Excel Spreadsheet, stating that he used the minutes from the last 35 meetings, for attendance records. Mayor Pro-Tem Stearns said that out of the 35 meetings referenced 1.5 members from the Okaloosa County attended on an average, out of 5 possible. Ft. Walton Beach attendance was 1.9 people out of 3 possible. Mayor Pro-Tem Stearns proposed Okaloosa County reduce their membership to 4. He also proposed that Ft. Walton Beach lose 1-2 members, Crestview keep 2 members, Niceville increasetheir 2 members, Destin keep 2 members, Valparaiso and Mary Esther keep 1 member, Walton County keep 3 members, DeFuniak Springs keep 1, and Freeport keep 1.

Commissioner Parisot thought there was a discrepancy in attendance in that he remembered there being 4 or 5 commissioners at one of the 2012 meetings. He said if the numbers for the county were wrong possibly the numbers for the cities were also wrong.

Commissioner Boyles clarified that only the largest city had to approve, and not the counties. Ms. Robinson agreed the statutory requirement was only that the largest city approve.

Chairman Wood verified the recommendationfrom Mayor Pro-Tem Stearns' presentation. They were: Okaloosa County 4, Ft. Walton Beach 2, Crestview 2, Niceville 2, Destin 2, Valparaiso 1, Mary Esther 1, Walton County 3, DeFuniak Springs 1, and Freeport 1, for a total of 19.

Commissioner Boyles said he did not think Crestview would approve a plan that has been equal with Niceville at 3-1/2% population, when they have 5.6% of the population. He did not approve adopting the plan.

Councilwoman Boudreaux said she thought onemember was sufficient for Niceville. She said in the past they were challenged to meet a quorum, and that the commissioners were not present as much as they would like them to be. She stated Mayor Pro-Tem Stearns was always at meetings. She said his location at US 98 in Mary Esther represents a very integral part of the transportation needs, and that he should be included for his input.

Councilwoman Helt said Crestview has long awaited the census results to prove they are the largest city in the county. She was in favor of any proposal that would increase Crestview's membership from 2 to 3, and would agree to the majority's decision on the remainder of the distribution.

Commissioner Chapman said he thought Freeport should be represented on the Board, as Freeport is expanding.

Commissioner Parisot said the statute stipulated that all county commissioners must be members.Ms. Robinson stated that if there were more than 15 members, and each county had 5 commissioners, that county commission members could compose less than one-third of the MPO membership. She said according to the statute the county commissioners shall compose not less than 20% of the membership, and this applied because they did not have a one county MPO.

Commissioner Parisot said they had to apply all parts of the statute. Commissioner Morgan said it was unclear because the statute did not say "each county" but rather said "county," so it could be interpreted to be a total of only 20%. Commissioner Parisot related that it said not less than 20%, and stated that it said it could be less than a third.

Councilman Goodwin asked if the TPO had general counsel that could analyze the statute. Ms. Robinson said the current membership had been approved by the governor's office, and they did not have ten county commissioners serving.

Mr. DeVries said he could contact the Central Office Statewide Coordinator to seek guidance from FDOT's perspective as to whether it should be five members or 20% for two county MPOs. Ms. Robinson said they could readdress the issue in August.

Chairman Wood asked if anyone desired to make a motion to table the item and address it at a later date.

Councilwoman Helt asked for a restatement of the TCC's recommendation, and asked if they recommended increasing Crestview to 3, reducing Ft. Walton to 2, and changing Mary Esther and Freeport. Ms. Robinson clarified that it left Mary Esther without a member.

Commissioner Morgan said he thought it was important that everyone in transportation and planning consider the fact that it is important that more smaller cities be included in the process.

Councilman Williges movedto table consideration of Resolution O-W 13-08 approving apportionment of the Okaloosa-Walton TPO membership, until the TPO's August 2013 meeting. Commissioner Morganseconded. Commissioner Morgan amended the motion to table the item until the end of the meeting, to allow Mr. DeVries time to make a phone call for clarification from FDOT.

Chairman Wood stated the motion was to table the item so they could research the statute more closely, to make sure they were making a correct decision based on the statute. He said Mr. DeVries would make a phone call to seek answers to their questions.

Councilman Goodwin asked who at FDOT they could rely on. He also asked if they could request an attorney's general opinion. Ms. Robinson said they would find out. She said Mr. DeVries was contacting the FDOT MPO liaison at the Central Office. She said they would check to see if there was a legal opinion.

Chairman Wood said there was a motion to table the item until the end of the meeting to allow asking questions via phone, and if they could not get it done, they could make a further motion at the end of the meeting to table the item until August 2013.

Councilwoman Boudreaux seconded the amended motion to table the item until the end of the meeting, and the motion passed unanimously.

  1. Election of Chair and Vice Chair for FY 2014 (July 1, 2013 through June 30, 2014) – Chairman Wood stated that the nominating committee met prior to the TPO meeting that day. Ms. Washnock stated that Councilman Williges and Commissioner Boyles served on the nominating committee. The committee recommended Councilman Wood as the Chairman for FY 2014, and they recommended Councilman Rynearson as the Vice Chair.

Councilwoman Helt moved to approve Councilman Wood as Chair, and Councilman Rynearson as Vice Chair for FY 2014 (July 1, 2013 through June 30, 2014); Commissioner Morganseconded, and the motion passed unanimously.

  1. Discussion of a Citizens' Advisory Committee Request that Okaloosa and Walton Counties Exercise their Ability to Propose a Local Option Gas Tax to Help Pay for Transportation Projects in the Area– Chairman Wood advised that at the last TPO meeting the item was tabled. Ms. Washnock said at the last TPO meeting the TPO members wanted to present the item to their local governments. Ms. Washnock said the TPO could say they want a resolution from the TPO to present to the two counties. She asked how the TPO wanted to proceed.

Councilman Williges said the City of Destin held a council meeting, and a resolution was proposed and passed to not accept the tax increase. Mayor Pro-Tem Stearns said approximately three weeks ago the local newpaper had an article stating that the Okaloosa County Commission was not going to address the issue, or vote against it.

Commissioner Parisot advised that if staff was going to take action, it had to be done prior to July 1, 2013 in order to be in effect for January 1st. He added that there has to be a public hearing, with a 14 day notice. He said the topic would not come up to any County Commissions until next year.

Chairman Wood said that the issue was done for the year.

  1. Add-On Item - Membership Certification for Transportation Disadvantaged Boards, Okaloosa and Walton Counties - Ms. Washnock advised that every year the Transportation Disadvantaged Board memberships are approved for Okaloosa and Walton counties. Staff did not have the membership available at the meeting.

Commissioner Parisot objected to approving the membership without seeing a list of the members. Ms. Washnock said she would have the list sent to the board members the next day.

Ms. Robinson said a certified copy of the membership would be added to the Transportation Disadvantaged Service Plan, which has a due date in July 2013. She said if the board was not comfortable with approving without seeing the membership, she would advise that they would receive the certified membership in August.

Commissioner Parisot moved to table approving the Transportation Disadvantaged Boards for Okaloosa and Walton counties until August 2013, Councilman Willeges seconded, and the motion was approved unanimously.

F.FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) UPDATE

Mr. DeVries provided the update. He said in the TIP there is a project for approximately $1.5 million for corridor improvements on Eglin Parkway, between US 98 and 12th Avenue in Shalimar. The sub committee recommended that a project be designed that was just outside the corridor planning area. The project was to add an auxiliary lane on SR 85 from Shalimar to the flyover at Eglin, and was approximately ¾ miles long. It would provide two lanes going into the flyover. Mr. DeVries said Federal Highway determined it was a capacity project. It was necessary to go through the PD&E process which is a long and expensive process. Mr. DeVries said the committee advised if the ¾ mile additional lane couldn't be done, to add a right turn lane for the school. It was a turn lane for a couple hundred yards and was an intersection improvement. That is the project FDOT will be designing for the funds that are programmed for FY 2015.

Mr. DeVries referred to the priorities that the TPO will be working on the next couple of months. He said it won't cost $1.5 million for the right turn lane. He stated that the TPO needed to decide if they should leave the money on Eglin Parkway, and try to pick up some other things in the corridor plan. He also said they could move the money over to Beal Parkway. There is money funded in FY 2016, another $1.5 million for improvements. They are designing a project for Mary Esther and Beal Parkway intersection to improve the flow, and two other smaller improvements on Beal Parkway. He said there is going to be a need for additional funds on those projects.