Okaloosa County BOCC — January 7, 2014 — Minutes

November 5, 2013 Regular Meeting The regular Tuesday meeting of the Okaloosa County Board of County Commissioners was called to order at 6:00 p.m. at the Okaloosa County Courthouse in Crestview. Members present were Don R. Amunds, Chairman; Dave Parisot, Vice Chairman; Wayne Harris; Nathan Boyles; and Kelly Windes. Also present were Gary J. Stanford, Finance Director, Clerk's Office; Ernie Padgett, County Administrator; and John Dowd, County Attorney. PUBLIC INFORMATION OFFICER UPDATES Mrs. Kathy Newby, Public Information Officer, provided an update on Okaloosa County’s Time Capsule commemorating the Viva Florida 500 Celebration. COUNTY ADMINISTRATOR UPDATE Mr. Padgett announced that it is good to be back with the Board. He thanked everyone for their prayers and support during his medical leave of absence. Mr. Padgett stated the search for a new Tourist Development Department (TDD) Director is continuing. He said last week he tasked Rick Owen, Administrative Aide for his office, to stand in as Interim TDD Director. Mr. Padgett noted that Mr. Owen will continue to work in the County Administrator's Office while serving in this capacity. Mr. Padgett stated he would like for Human Resources (HR) Director Kay Godwin to come forward and give a status report on filling certain positions. Reef Coordinator position: Mrs. Godwin reported the job description for the Reef Coordinator position has been finalized. The position was posted on Thursday and HR will begin accepting applications. Compliance & Finance Administrative position: With regard to the Compliance & Finance Administrative position for TDD, she said they are in the final stages of negotiations with an individual and she anticipate an offer tomorrow. Mr. Parisot referred to the, Reef Coordinator position and asked the impact on Scott Henson in Public Works who currently handles November 5, 2013 -1- Minute Book 70, Page 113 Okaloosa County Board of County Commissioners reef projects. Mrs. Godwin stated the Reef Coordinator position will take the lead. RESTORE Act position: Mrs. Godwin continued, saying the RESTORE Act position will be added in February. She advised that Jim Trifilio, Coastal Management Coordinator, has volunteered to take on those duties. Purchasing Manager: Mrs. Godwin reported interviews to fill this position will be held next week. TDD Director: Mrs. Godwin stated the screening committee met yesterday and identified ten applicants for telephone interviews to be scheduled for next Tuesday. Legal Services: Mrs. Godwin stated HR is continuing to accept applications from individuals. The period for submission of letters of interests from firms for this service has been opened and will continue through December 6. Mr. Padgett stated during budget sessions, staff pointed out the Board has reduced staffing levels by approximately 100 positions over the last six years and he believes that is about as far as the Board can go with the workforce. He said he is looking at combining duties but there are certain areas in which this cannot be done. Mr. Padgett stated the workforce will continue to be lean but it may be necessary to add positions in the future. COMMISSIONER’ S MINUTE Mr. Amunds stated the boat ramp and parking area at the Gulf Island National Seashore on Okaloosa Island are in need of repairs. Marler Park and boat ramp is heavily used and the ramp at this location could provide an alternative site to launch boats by residents and visitors. He asked for consideration to contact administrators of the Gulf Islands National Seashore Park regarding a potential partnership for repairs to the boat ramp and parking area. Mr. Windes made motion, seconded by Mr. Boyles, to support the Chairman’s initiative. 5 yeas. Mr. Boyles referred to past instances of sewage spills into bodies of water and reported the City of Fort Walton Beach has taken a leadership position to establish protocols for a robust notifications system. He advised that most utilities are following suit. November 5, 2013 -2- Minute Book 70, Page 114 Okaloosa County Board of County Commissioners Mr. Parisot stated he has nothing this evening. Mr. Harris stated he also has nothing this evening. Mr. Windes stated he has an item he would like to bring to the floor later in the meeting regarding an economic political coordinator for the RESTORE Act. Mr. Amunds asked for a short synopsis of the issue. Mr. Windes stated Mr. Bill Williams is in the audience. He said he talked with him at length, particularly about regional projects. Mr. Windes stated if his proposal flies, Mr. Williams would help us form a more complete team as a consultant to the BCC. He said it would cost a minimum amount of money and the proposed contract could be terminated with or without cause in thirty days. Mr. Amunds recommended Mr. Windes work with staff and bring this item back with a scope of duties and a recommendation on a source of funding. Mr. Boyles stated he has attended Florida Association of Counties (FAC) meetings but has not gone to the RESTORE Act meetings. He noted that he had an opportunity to speak with commissioners and staff members across the state and it is his conclusion this will not unfold quickly. Mr. Boyles believes there will be a lot of political wrangling as the RESTORE Act dollars are divvied up. He said there will be some entities with more “horse power” than us and we need to make sure all our bases our covered. Mr. Boyles did feel a component is missing and would like to hear more of Mr. Windes’ proposal. Mr. Parisot said if the Board is going to hire a political consultant, then a Request for Qualifications should be issued, otherwise this is being treated as a sole source item. He stated Mr. Williams is a registered lobbyist and the county would not get reimbursed by the federal government. Mr. Parisot explained the Consortium met on October 25 to consider hiring a political consultant and a representative of the Nabors, Giblin & Nickerson Law Firm highlighted that fact. He then continued to address Pots 1 and 2, BP lawsuit phase five, and Treasury rules. Mr. Parisot felt hiring a political consultant at this time is premature. Mr. Amunds asked Mr. Parisot if his comments could be summed up as hiring a consultant is premature and the Board should follow its own Purchasing Manual. Mr. Harris asked if hiring this firm would be in conflict to the Purchasing Manual. Mr. Windes replied, “Not according to November 5, 2013 -3- Minute Book 70, Page 115 Okaloosa County Board of County Commissioners Richard Brannon” if the cost is under $50,000. He commented things have been done like this before on a temporary basis. Mr. Windes remarked Mr. Williams is better connected than the commissioners are. Mr. Amunds asked Mr. Padgett to re-evaluate Mr. Trifilio’s position. He stated he understands where Mr. Windes is coming from regarding the $50,000 threshold and classification of sole source item; however, consideration must be given to perception. Mr. Amunds said his preference is for Mr. Trifilio to come up with a list of pros and cons for a consultant and a source of funding, adding that he wants more facts. Mr. Harris stated he doesn’t believe we will ever get this money. He spoke about being penny wise and pound foolish. Mr. Harris said the Consortium and Mr. Trifilio can do much but they don’t have political influence. He stated we need all the irons in the fire, noting Matrix has the technical experts and Mr. Williams can do the political maneuvering. Mr. Windes commented that with all due respect, this is the fourth meeting he has tried to bring up this subject. He did not feel it to be necessary to beat it to death for a few more months and asked the Chairman if he will allow a motion. Mr. Amunds replied he would like to think about it and bring it back as an agenda item with comments from staff. Mr. Windes asked if he is saying not to bring a motion at this time. Mr. Amunds answered he does not believe he has that authority. Mr. Boyles noted the Chairman does set the agenda and asked if there is a gentlemen’s agreement that it will be on the next agenda. Mr. Amunds stated it will be on the next agenda. Mr. Windes remarked that will be the fifth time it has been brought up. Mr. Parisot asked who Mr. Williams will be “wrangling” with. With reference to the proposed job description, he said it looks to be the same thing Jim Trifilio would be doing. Mr. Amunds stated this item will be on the next meeting agenda. PUBLIC HEARING — CONSIDERATION OF CHANGES TO CHAPTER 2 OF THE LAND DEVELOPMENT CODE Mr. Stanford read the advertised legal notice for public hearing to consider changes to the Land Development Code (LDC) submitted by the Growth Management Department revising Chapter 2 Zoning November 5, 2013 -4- Minute Book 70, Page 116 Okaloosa County Board of County Commissioners Regulations, Section 2.20.00 “Special Uses,” creating new subsection 2.20.09 entitled “Aircraft Restricted Zone.” Mr. Amunds advised this is the first of two hearings. The second hearing is scheduled for November 19, 2013 at 9:00 a.m, in Fort Walton Beach. He stated Growth Management Director Elliot Kampert will make a presentation to the Board and then the floor will be opened for public comments. Mr. Kampert confirmed this is the first of two required public hearings to consider revisions to Chapter 2 of the Land Development Code. The revisions deal with operation of aircraft in certain designated areas. He said staff was directed to investigate this issue because of aerial sightseeing businesses. Existing regulations do not extend beyond the shoreline into the water. Consequently, a helicopter sightseeing business began operations from a floating platform on the water at various locations in and around Fast Pass and the Destin Harbor. Mr. Kampert provided the Florida Fish and Wildlife Conservation Commission Boating Accidents Statistical Report 2012 which listed Okaloosa County as the fifth county out of the top ten counties with reportable boating accidents. The report pointed out the location of the accidents on a map of the county, the types of vessels involved, the primary causes and the primary types of accidents. Staff findings on the department’s agenda request states: Conflicts involving water-resource use are readily apparent in the East Pass/Destin Harbor area. It is common local knowledge that during the summer tourist season and in particular on weekends and holidays the area in and around East Pass, Old Pass and “Crab Island” is heavily used by all manner of swimmers, divers, rental vessels, charter boats, recreational vehicles, kayaks, canoes, personal watercraft, rubber floats, parasails, flying boats, various commercial vendors, and some things that defy description. For the most part these can be considered water-dependent or at least water-related to the extent that being on the water is essential or important for these things to occur. This area is considered locally to be the most congested water-use area of Okaloosa County. November 5, 2013 -5- Minute Book 70, Page 117 Okaloosa County Board of County Commissioners The proposed regulation would: (1) only apply to the water surface not the water column or state submerged lands (2) be confined to a distinguishable area defined by channel markers as shown on nautical charts and (3) be intended for zoning purposes only and relates strictly to local control over ground and water space and is not intended in any way to regulate aircraft safety, navigable airspace, aircraft noise, aircraft ain flight, vessel equipment performance or safety standards, or the operation of vessels. The Planning Commission hearing on this issue was held on October 10, 2013. There was considerable testimony presented at the hearing. Mr. Kampert stated the Planning Commission concluded there was a lack of any statistical basis for concluding that a safety problem exists or that the proposed regulation would solve it, if there were such a problem. The Planning Commission voted unanimously against the adoption of this regulation and against any further action other than to monitor the situation to determine if a problem arises. Mr. Kampert referred to the map with the proposed aircraft restricted zone, saying they wanted a readily defined area so people would know if they were in it or not. He said they attempted to address issues on the safety of aircraft in the area which already has many recreational activities. Mr. Erik Dorsenbal of Santa Barbara, California, stated he is beginning a business in Asia and came here to purchase aircraft from Michael Percy. He expressed his surprise about’ the proposal to restrict aircraft operation in the area. Mr. Dorsenbal said this will impact Mr. Percy’s business a great deal. He also stated that he is considering taking some of Mr. Percy’s aircraft to Europe. Mr. Michael Percy stated he is a local pilot and business owner from Fort Walton Beach. He manufactures and sells amphibious aircraft. Mr. Percy said during test drives and flight training, they land at Destin to rest, refuel and eat. Because of the large no wake zone surrounding the Destin Bridge and Crab Island, they land outside the wake zone and take a long, slow taxi to the shore or harbor. Mr. Percy stated the proposed restricted area will extend into the Gulf which will create unnecessarily long taxis or could prevent Destin operations November 5, 2013 -6- Minute Book 70, Page 118 Okaloosa County Board of County Commissioners entirely. He said seaplane landings in the Gulf are rarely safe and landing in the middle of the bay is often bad as well. Mr. Percy expressed his surprise regarding the range of business people being targeted (i.e. helicopter operators, parasail operators, flyboarding sports). He referred to the 2012 Boating Report and questioned the justification being used. Mr. Percy Said most of those accidents were jet skis colliding with other jet skis. He stated that of the 31 reported accidents, only six occurred within the proposed restricted area and none of those had anything to do with seaplanes, hang gliders, helicopters, jet packs, glider excursions or hot air balloons. Mr. Percy continued, voicing his amazement at the county's tenacious opposition to Timberview Helicopters at any of the locations from which he has operated. He said he is one of the citizens and businesses being affected by the county’s fight against the helicopter operation. Mr. Percy asked for a cease fire and truce so everyone can stop wasting time trying to regulate at the county level what is already regulated at the state and federal levels. Mr. Dean Lee, Santa Rosa Beach, stated he pilots a light sport float plane. He said he cannot handle swales and traffic and tries to operate defensively in the no wake zone. Mr. Lee stated the additional restrictions will affect light sport float planes. It was his contention that the aircraft are not the problem. Mr. Claude Perry, Harbor Boulevard in Destin, stated he owns property directly across from the helicopter barge and that is what he is concerned with. He said he is not certain he understands the impact of the proposed ordinance but the noise from the helicopter is horrendous. Mr. Perry felt the noise was destroying property values on the harbor. Mr. Justin Johnson stated he is the one under attack because of his helicopter business. He pointed out that he operated out of Destin Commons but “they did not want us there.” Mr. Johnson said the whole idea of having a barge in the harbor was so there would be no flying over homes and businesses. He advised that he asked county staff about jurisdiction over water and was told the county did not have that jurisdiction. As a result, Mr. Johnson stated he invested in a barge, had it inspected by the Coast Guard, and said the Corps of Engineers were on board with it. November 5, 2013 -7- Minute Book 70, Page 119 Okaloosa County Board of County Commissioners Mr. Johnson detailed the maneuverability of the helicopter, as well as the regulations and qualifications associated with helicopter pilots. He emphasized they are not on the water and not involved with boats or seaplanes. Mr. Johnson said he wants to work with everyone but has never received a telephone call from anyone asking him to consider another location. He commented this is their fourth season but he does not feel they are welcome here. Mr. Johnson added that while he has been in business in Destin, they have performed five search and rescues at no cost. Mr. Johnson said the jet packs and parasail businesses are being drawn in so it will not be a civil rights issue just against helicopters. He stated they do not operate in the middle of Crab Island but closer to the Coast Guard Station. Continuing, he reported that he has been ramp checked and audited six times in the last two years and he feels the ramp checks are politically motivated. Mr. Johnson said location is a key element in his business. He recommended the rules currently on the books be enforced rather than more being made. Mr. Chris Sullivan, Highway 98, stated he is counsel for Mr. Percy’s business. He noted that he appeared in July when the first cut of the ordinance was presented for consideration and voiced his concerns about that draft. Mr. Sullivan stated the second cut of the proposed ordinance also presents concerns. He said Mr. Percy does not take people out for rides and charge them $20 for a plane ride. Mr. Sullivan questioned the definitions portion of the ordinance regarding aircraft, saying a jet pack is not a plane but a vessel. He also did not think anyone could hang glide at this location. Mr. Sullivan suggested the safety issues appear to involve jet skis and small water craft. He felt the legislation to be too broad and that it should fail as proposed. Mr. Shannon Hill, owner of a jet pack business, also expressed concern about the definitions in the ordinance. He stated that jet packs are water craft vessels and are not regulated by the FAA. Mr. Hill said he does not agree with the ordinance. Ms. Misty Hurley, Jet Pack Destin, stated a jet pack is powered by water, stressing it is a boat and not an aircraft. She said the ratio of instructors to students is 3 to l. It was Ms. Hurley’s opinion this issue is about Justin Johnson and operation of his helicopter at the harbor. She felt other businesses were being included in this restriction so it does November 5, 2013 -8- Minute Book 70, Page 120 Okaloosa County Board of County Commissioners not appear Mr. Johnson and Timberview are being singled out. Ms. Hurley stated these hearings have caused undue stress and she considered it a waste of money. She said this has gotten completely out of control. Mr. Roger Bias, Vincent Ray Road in Baker, stated he is an airline transport pilot with more than 18,500 hours of flight time. He said this whole matter is disturbing to him and concluded that someone in Destin does not like helicopters because of the noise. Mr. Bias remarked that some farm equipment makes more noise than this type helicopter. He said there are a number of agencies which already provide regulations for this: FAA, Coast Guard and Fish & Wildlife Commission. Mr. Bias said there is no reason to spend thousands of taxpayer dollars to chase a rabbit down the hole. Mrs. Pauline Bias, Baker, stated they live in a fly-in community and moved here because aviation is here. She pointed to the County flag and the planes on the County emblem. Mrs. Bias stated if a rich guy on a big yacht came into this area, he could drop anchor and take off and land his helicopter on his yacht as much as he wanted to. She stated there are plenty of other noises in the harbor, such as fireworks. Mr. Bias added this man (Justin Johnson) is trying to make an honest living. Mr. Robert Gore, Highway 98, stated he is captain of the largest tour boat in the area. He referred to how much time he spends on the water and stated there have been no incidences of aircraft causing accidents here. He pointed out the federal navigable channel cannot be blocked. Mr. Amunds closed the public comment portion of the hearing and brought the discussion back to the Board. Mr. Harris stated he will wait until the second hearing to make comments. Mr. Boyles thanked everyone who came to speak and assured them he is not pushing any issues. He said he is listening so he can make an informed decision. Mr. Boyles told the audience not to assume the Board has already made a decision. Mr. Harris echoed Mr. Boyles’ words that no decision is being made tonight and he doesn’t think anyone is pushing an agenda. November 5, 2013 -9- Minute Book 70, Page 121 Okaloosa County Board of County Commissioners Mr. Kampert stressed this draft ordinance is not a boating safety regulation but regulations for aircraft. PUBLIC HEARING - RESOLUTION APPROVING ISSUANCE OF ATRPORT REVENUE REFUNDING BONDS, SERIES 2013 Mr. Stanford read the advertised legal notice for public hearing to consider adoption of a resolution providing for approval of the issuance by the County of not exceeding $15,000,000 of the Okaloosa County, Florida Revenue Refunding Bonds, Series 2013. Mr. Sunil Harman, Airports Director, stated this public hearing is being conducted in compliance with the Internal Revenue Code of 1986 (also known as a TEFRA hearing) in order to receive comments for or against the issuance of the Airport Revenue Refunding Bonds. He advised the county’s Series 2003 Bonds, which the proposed Series 2013 Bonds will refund, were issued as “private activity bonds” since they financed improvements to the airport used in part by private parties (generally, the commercial airlines). Mr. Amunds opened the floor for public comment. No one came forward to speak in favor of or in opposition to this request. Mr. Harman noted that a RFP was advertised for a bank loan and will close on November 21. He reported there have only been general inquiries. Mr. Harman said he would like for the Board to consider the issuance of bonds as an alternative if no viable proposals are received. He stated that if a response to the RFP is received which provides savings, he will return to the Board. Mr. Parisot said he thought the resolution was only to state the public hearing was held and not for the issuance of bonds. Mr. Harman referred to the previous meeting and the resolution which was adopted, saying that was to refund the bonds. He said the timeframe is December or January. Mr. Dowd advised the resolution is to approve issuance of the bonds. Mr. Windes made motion, seconded by Mr. Harris, to approve the resolution for issuance of Series 2013 £42Bonds, unless an alternative from the banks surfaces. 4 yeas, 1 nay. (Mr. Parisot voted no.) RESOLUTION NO. 13-164 November 5, 2013 -10- Minute Book 70, Page 122 Okaloosa County Board of County Commissioners CONSENT AGENDA APPROVAL Mr. Amunds referred to Item #22 regarding the purchase of flood insurance for county properties in the flood zone. A list of those properties was provided, Mr. Amunds noting there is a scrivener’s error on the name of one of those properties. James Lee Park is listed at the address of 5999 South Ferdon Boulevard. Mr. Amunds advised the correct name is Bill Duga Park and asked the Clerk to note the correction. Mr. Harris made motion to approve the Consent Agenda. Mr. Parisot stated he would like to pull Item #1 for discussion. 1. Airports: Hangar lease renewal for James Coughlan, Block 6 Lot 4 at the Destin Airport Mr. Sunil Harman, Airports Director, stated Mr. Coughlan has occupied this space for twenty years and he is negotiating with his insurance company. He suggested the lease be approved contingent upon submission of the insurance paperwork naming the county as payee in the event of loss. Mr. Parisot made motion, seconded by Mr. Windes, to approve the hangar lease renewal with James Coughlan contingent upon receipt of required insurance documents and review by the County Attorney and Risk Manager. 5 yeas. Mr. Parisot then referred to Item #8 which is approval of proposed budget resolutions and transfers. He asked Mr. Stanford if the resolution is an authorization for disbursement of funds. Mr. Stanford answered in the negative and said this item is for traffic court fines and donations for the Traffic Education Fund and has nothing to do with the Law Enforcement Trust Fund. Mr. Harris made motion, seconded by Mr. Boyles, to approve Consent Agenda Items #2 through #34. 2. Airports: Task Order #15 with LPA Group, Inc. for design and construction management services for the procurement and installation of passenger loading bridges at Gates A-1 and A-2 at Northwest Florida Regional Airport in the amount of $63,440 3. Growth Management: Task Order #54 with Okaloosa County Transit (OCT) for reimbursement of paratransit operating costs in the amount of $25,000; and Task Order #55 with OCT November 5, 2013 -1l1- Minute Book 70, Page 123 Okaloosa County Board of County Commissioners for reimbursement of fixed route transit service costs in the amount of $290,775 4. Growth Management: Appointment of Michael Banks to three- year term on the Code Enforcement Board 5. Tourist Development: Approve ranking of firms for coastal and environmental services and authorization for staff to negotiate with top-ranked firm of Taylor Engineering Inc. 6. IS: Authorize solicitation of Requests for Qualifications (RFQ) #IS 02-14 for Information Technology Services and approve appointment of selection committee consisting of Don Vanderhoek, Randy Sims, Donna Lawler, and Dan Sambenedetto 7. BCC Records: September 3, 2013 Regular Meeting Minutes; September 5, 2013 Tentative Budget Hearing Minutes; September 16, 2013 Final Budget Hearing Minutes; and September 17, 2013 Regular Meeting Minutes 8. Finance: Budget Resolutions and Transfers (a) resolution amending FY 2013 Budget, General Fund (DOR grant for reimbursement for successful judicial and administrative summons and/or writs of bodily attachment) RESOLUTION NO. 13-165 (BA #148) {(b) resolution amending FY 2013 Budget, General Fund (Sheriff's Office revenues) RESOLUTION NO. 13-166 (BA #149) (c) resolution amending FY 2013 Budget, General Fund (outstanding transfer balances from Inspections Enterprise Fund) RESOLUTION NO. 13-167 (BA #150) (a) vresolution amending FY 2013 Budget, Tourist Development Fund (tourist development tax, interest, equipment proceeds and advertising reimbursement) RESOLUTION NO. 13-168 (BA #151) (e) resolution amending FY 2013 Budget, E 9-1-1 Operations Fund (wireless 9-1-1 revenue) RESOLUTION NO, 13-169 (BA #152) (£) resolution amending FY 2013 Budget, Unincorporated County Parks Fund (additional ad valorem taxes) RESOLUTION NO. 13-170 (BA #153) (g) resolution amending FY 2013 budget, Traffic Education Fund (traffic court fines and donations) RESOLUTION NO. 13-171 (BA #154) (h) resolution amending FY 2013 Budget, Inspections Enterprise Fund (revenue from building permits and plan review) RESOLUTION NO. 13-172 (BA #155) November 5, 2013 -12- Minute Book 70, Page 124 Okaloosa County Board of County Commissioners (i) resolution amending FY 2013 Budget, Convention Center Enterprise Fund (tourist development tax) RESOLUTION NO. 13-173 (BA #156) (j) resolution amending FY 2014 Budget, General Fund (deputy fees) RESOLUTION NO. 13-174 (BA #3) (k) resolution amending FY 2014 Budget, General Fund (FDLE grant for officer safety and evidence enhancement training) RESOLUTION NO. 13-175 (BA #4) (1) resolution amending FY 2014 Budget, Tourist Development Fund (British Petroleum Exploration and Production, Inc. and Florida Coastal Northwest Communications Council cash carried forward) RESOLUTION NO. 13-176 (BA #5) (m} Budget Transfer: General Fund, area photo mapping, BT-14-01 (n) Budget Transfer: Capital Outlay Construction Fund, second installment of Meigs Trust settlement, BT-14-02 (o) Budget Transfer: Airport Enterprise Fund, Other Transaction Agreement with Department of Homeland Security, BT-14-03 (p) Budget Transfer: Capital Outlay Construction Fund, Phase II of Shalimar Annex Project, BT-14-04 9. Authorization for Chairman to execute Local Government Approval for Nonprofit Organizations to allow Community Development Corporation to apply for Emergency Solution Grant 10. Authorization for Chairman to execute Local Government Approval for Nonprofit Organizations to allow Opportunity, Inc. to apply for Emergency Solution Grant 11. Proclamation designating November 2013 as Drug Court Month 12. Water & Sewer: Constantine Engineering Task Order #4 for subsurface utility engineering project, not-to-exceed cost of $200,000 13. Growth Management: Authorize Chairman to execute Amendment #6 to Neighborhood Stabilization Program Agreement Contract #C10-1798-GM 14, Growth Management: Amendment #1 to Okaloosa County Transit contract #C03-0927-GM 15. Public Defender: Transfer of $773.13 reserve funding to account code 54601 16. Public Works: Recommendation to award standby bids for emergency debris removal to DRC Emergency Services (primary); Kaiser Kane, Inc./SRS, Inc. (secondary); Crowder Gulf (secondary) November 5, 2013 ~13- Minute Book 70, Page 125 Okaloosa County Board of County Commissioners 17. Growth Management: Amendment #1 to subagreement with Okaloosa Community Development Corporation for SHIP Program Administration 18. Fleet: Authorization for Fleet Operations to sell surplus vehicles and equipment through J M Wood Auctions 19. Human Resources: Contract Addendum for Landrum Staffing 20. Property olieation | Resolution waiving requirement for RESOLUTION NO. 13-177 21. Airports: Assignment of lease from Regency Acquisition 1, LLC to Hanger 6, LLC for Block 8 Lot 6 at the Destin Airport 23. Public Works: Resolution amending Resolution No. 13-146 which vacated portion of Fifth Avenue and Fifth Street in Townsite of Port Dixie as requested by Thomas Watkins RESOLUTION NO. 13-178 24. Public Works: Resolution amending Resolution No. 13-147 which vacated alley in Block 53 Townsite of Port Dixie as requested by Michael and Dawn McArdle RESOLUTION NO. 13-179 25. Judicial: Approve agreement for funding which will increase Veterans’ Court Coordinator position from part- time to full-time effective November 11, 2013 until June 30, 2014 26. Public Works: Addendum 1 to hazardous waste services contract with EQ 27. Airports: Final payment to Gulf Coast Traffic Engineers for airport road safety improvements LAP Project in the amount of $7,290.98 (Estimate #3) 28. IS: Final payment to Technology Integration Group for consulting services in the amount of $5,460.50 (Invoice #395609) 29. Water & Sewer: Final payment to CH2M Hill for consulting services for future water supply planning in the amount of $5,092.40 (Invoice #38113026463) 30. Public Works: Final payment to C. W. Roberts Contracting, Inc. for asphalt products in the amount of $14,428.22 (Invoice #48305) 31. Public Works: Final payment to Fort Walton Concrete for ready mix concrete in the amount of $440.00 (Invoice #65015) 32. Public Works: Final payment to Vulcan Materials for limestone base and miscellaneous road materials in the amount of $3,700.93 (Invoice #30425495) November 5, 2013 -~14- Minute Book 70, Page 126 Okaloosa County Board of County Commissioners 33. Tourist Development: Final payment to Sandman LLC for beach cleaning services in the amount of $27,364.00 (Invoice #2751) 34. Growth Management: Agreement with Community Development Corporation for SHIP Program Administrative Services 5 yeas. RECESS - The meeting was recessed at 7:47 p.m. and reconvened at 7:55 p.m. GROWTH MANAGEMENT - MEMORANDUM OF AGREEMENT WITH CRESTVIEW, FIXED ROUTES #11 AND #12 Mr. Elliot Kampert, Growth Management, requested approval of a Memorandum of Agreement (MOA) with the City of Crestview to provide funding for 90 days of service for fixed routes #11 and #12. He said the Crestview City Council approved the MOA on October 28. Mr. Harris made motion, seconded by Mr. Boyles, to approve the MOA and to authorize the Chairman to execute same. Mr. Parisot requested clarification. He said he does not remember an offer by the Board to provide a 50% match for the service during discussions at the budget hearings. Mr. Kampert advised that he has reviewed the video of the discussions and the motion did not state 50/50 match; however, that was the understanding during talks with the city. Mr. Kampert stated he asked Mr. Harris the intent of his motion and was told it was for a 50/50 match. Mr. Harris confirmed his intent. Upon inquiry by Mr. Boyles about pulling or tabling this item, Mr. Parisot expressed concern about the historical record. Mr. Harris restated his motion and Mr. Boyles again seconded the motion. 5 yeas. PURCHASING — RECOMMENDATION TO AWARD CONTRACT TO PROVIDE AIR SERVICE DEVELOPMENT CONSULTING SERVICES Proposals from consulting firms to provide air service development services at Northwest Florida Regional Airport were opened on September 20, 2013. Two proposals were received and the review committee ranked Sixel Consulting Group as the number one choice. Mr. Richard Brannon, Purchasing Director, recommended the contract for these consulting services be awarded to Sixel. The contract would be for one year, with three optional one-year renewals. Mr. Boyles made motion, November 5, 2013 -15- Minute Book 70, Page Okaloosa County Board of County Commissioners 127 seconded by Mr. Harris, to approve the recommendation of the department head. 5 yeas. PURCHASING - RECOMMENDATION TO AWARD CONTRACT FOR GENERAL ENGINEERING SERVICES FOR TOURIST DEVELOPMENT DEPARTMENT Mr. Brannon recommended contracts for general engineering services for the Tourist Development Department (TDD) be awarded to the two top firms which submitted proposals (opened on September 20, 2013): Matrix Design Group (ranked #1) and Genesis (ranked #2). Funds are available in the current budget. The initial contracts are for a period of three years with an option to renew for three years. Mr. Brannon requested approval to award contracts to Matrix Design Group and Genesis, to authorize staff to negotiate fees, and authorize the Chairman to execute the resulting contracts. Mr. Harris made motion, seconded by Mr. Windes, to approve the recommendation of the department head. 5 yeas. PURCHASING - BOARD GUIDANCE SOUGHT REGARDING DISPOSAL OF MOTORCYCLES PURCHASED WITH TDC FUNDS (Pocket Item) Mr. Brannon stated in the past there have been discussions on what to do with the furniture purchased with TDC funds by Mr. Bellinger. He said he is dealing with the auction company and now needs Board guidance on what to do with the custom-made motorcycles purchased by Mr. Bellinger. He said the Board could set a reserve or minimum amount. The two motorcycles cost $110,000. Mr. Brannon stated one option is to disassemble the bikes and sell the parts. He also reported one individual made an offer to purchase both bikes for $45,000 but they advised him he must bid on the motorcycles. Mr. Amunds recalled the discussions about setting a minimum but noted he does not know enough about it to set a dollar amount. Mr. Windes stated he is not interested in selling the bikes for parts and feels the Board should sell them and get what it can. Mr. Parisot suggested a reserve amount of $45,000. Mr. Boyles asked what happens if you don’t meet that reserve. Mr. Windes made motion, seconded by Mr. Harris, to take the best offer the auctioneer can get and “get past it.” 5 yeas. November 5, 2013 -16- Minute Book 70, Page 128 Okaloosa County Board of County Commissioners PUBLIC WORKS = KELLY PLANTATION OUTPARCEL TRANSPORTATION INFRASTRUCTURE AGREEMENT Mr. John Hofstad, Public Works Director, requested approval of a Transportation Infrastructure Agreement with Synovus Bank for four commercial outparcels that were initially created by the Kelly Plantation Planned Unit Development (PUD). These parcels are located between Highway 98 and Commons Drive. Mr. Hoftstad reported Synovus Bank has agreed to make certain improvements along the Highway 98 Corridor (access road between Commons Drive and Highway 98; turn lanes along Commons Drive and Highway 98). He advised the agreement has been through legal review and input was obtained from the City of Destin. The overall value of the improvements is estimated at more than $500,000. Mr. Windes made motion, seconded by Mr. Parisot, to approve the Transportation Infrastructure Agreement with Synovus’- Bank. 5 yeas. PUBLIC WORKS - GAS TAX PROJECTS, TEMPORARY SIGNS Mr. Hofstad stated during the budget workshops there were discussions on informing the public on how gas tax revenues are being used. He said staff is proposing the installation of temporary signs during and after construction of projects to tell the public of the funding source for the project. Mr. Amunds remarked that is a terrific idea and asked if there is any possibility the cities would do the same thing. Mr. Hofstad replied that is not in the county’s jurisdiction but he will contact the cities about the idea. Mr. Boyles made motion, seconded by Mr. Harris, to approve the installation of temporary signs during and after construction to advise the traveling public how local option gas taxes are at work. He also requested the Chairman draft a letter to the municipalities suggesting they follow suit. 5 yeas. TOURIST DEVELOPMENT - BP MARKETNG PLAN FOR FY 2013-14 Mr. Rick Owen, Interim Tourist Development Department (TDD) Director, stated pursuant to the TDD Operations and Procedures Manual a strategic marketing plan must be brought to the Board for review and approval. In addition to the Strategic Marking Plan, the TDD felt it was prudent to prepare a separate BP Marketing Plan which sets forth the proposed expenditures for BP funds for Fiscal Year 2013-14. (These funds must be spent by November 5, 2013 -17- Minute Book 70, Page 129 Okaloosa County Board of County Commissioners April 2014.) The Tourist Development Council voted unanimously to recommend approval of the proposed BP Marketing Plan. Mr. Parisot made motion, . seconded by Mr. Harris, to adopt a resolution approving the BP Marketing Plan for FY 2013-14. Mr. Boyles pointed out that more than $900,000 has been recovered which had been improperly used. 5 yeas. RESOLUTION NO. 13-180 TOURIST DEVELOPMENT - STRATEGIC MARKETING PLAN FOR FY 2013-14 Mr. Owen presented the Strategic Marketing Plan for Fiscal Year 2013-14 which outlines the proposed marketing activities and expenditures for the fiscal year. This proposed plan is the result of input from the community, stakeholders and the TDC and encompasses all seasons and campaigns. The TDC approved the proposed plan unanimously at its October 24, 2013 meeting. Mr. Parisot pointed out the county is in the process of hiring a new TDD Director and voiced concern about how a new director might respond to the plan. He advised that he was assured by Lynn Hoshihira, attorney with the Nabors Giblin & Nickerson law firm, there is flexibility in the plan. Mr. Parisot made motion, seconded by Mr. Boyles, to adopt the resolution approving the Strategic Marketing Plan for FY 2013-14. Mr. Amunds disagreed with the idea the new director might change something in the plan, stating the authority to change the plan lies with the Board of County Commissioners. Mr. Boyles stated representatives of Peter Meyer Advertising are present and asked for them to be allowed to make a short presentation on the proposed Strategic Marketing Plan. Ms. Ellen Kempner and Ms. Michelle Clark did provide an abbreviated explanation of the proposed marketing plan. The vote was then taken on the motion—-5 yeas. RESOLUTION NO. 13-181 FACILITIES MAINTENANCE —- REQUEST APPROVAL OF FUNDING FOR TECHNICAL ASSISTANCE WITH CRESTVIEW COURTHOUSE PROJECT AND APPROVAL FOR RFQ FOR DESIGN-BUILD CONTRACTOR FOR CRESTVIEW COURTHOUSE PROJECT Mr. Don Turner, Facilities Maintenance Director, requested approval of funding not to exceed $32,000 to procure technical assistance with the Crestview Courthouse project. He advised this person would assist with design concepts, noting those November 5, 2013 -18- Minute Book 70, Page Okaloosa County Board of County Commissioners 130 concepts would be returned to the Board for consideration. Continuing, Mr. Turner told the Board if they approved this request, he would then request approval to issue a Request for Qualifications (RFQ) for a design-build contractor for the project. He said the responses to the RFQ would also be returned to the Board for review. Mr. Turner returned to his original request for approval of a temporary hire with funding not to exceed $32,000 for technical assistance on the Crestview Courthouse project. Upon inquiry by Mr. Amunds, Mr. Boyles replied the North County Task Force has not met because there have been some hurdles. He pointed out a clear direction and/or scope of work has not been given. Discussion ensued. Mr. Boyles noted the Task Force for the Shalimar Annex project was provided with professional assistance and given a budget of $200,000. He said they have developed a way to get the same thing done at a much lower cost. Mr. Boyles confirmed the stakeholders are involved and will continue to be involved. Mr. Harris made motion, seconded by Mr.. Boyles, to approve the agenda request as written: funding not to exceed $32,000 to procure technical assistance with the Crestview Courthouse project concept development. 5 yeas. Mr. Turner followed this Board action with his request for approval to advertise a RFQ for selection of a design-build contractor for this project. Upon inquiry by Mr. Parisot, Mr. Turner answered the RFQ could be issued immediately. He also recommended the following individuals be appointed to the selection committee: Commissioner Nathan Boyles, County Administrator Ernie Padgett, Facilities Maintenance Director Don Turner, County Engineer Jason Autry, and Growth Management Director Elliot Kampert. Mr. Boyles made motion, seconded by Mr. Harris, to approve this item as presented on the agenda. 5 yeas. FACILITIES MAINTENANCE -— UPDATE ON SHALIMAR ANNEX PROJECT Mr. Turner stated further direction is needed from the Board on a few issues. He said additional information has come to light relative to the space leased for the Sheriff's Office. Mr. Amunds stated he felt it appropriate to put this on the agenda and discuss whether or not the Sheriff needs a _ separate building. He said he understands they could get by with 10,000 square feet in their own building but would require 16,000 square feet at the Shalimar Annex location. November 5, 2013 -19- Minute Book 70, Page 131 Okaloosa County Board of County Commissioners Major Jd. D. Peacock, Sheriff’s Office, pointed out they currently have 20,000 square feet of leased space. Tf they are relocated to a new Annex facility, the Sheriff's Office would require 16,000 square feet because of security issues but having their own facility would require the smaller area. Mr. Boyles made motion, seconded by Mr. Harris, to give direction to staff, noting this is not a final decision, to remove the Sheriff's Office from the Annex property and to go forward with the concept of a separate facility for the Sheriff’s Office of approximately 10,000 square feet. 5 yeas. Mr. Turner provided data on current lease space, including budgeted cost for rents through Fiscal Year 2016 and square footage for each operation. He pointed out possible operations to be relocated to the new facility and said a total of 74,719 square feet is needed for those options. Mr. Harris made motion to approve the agenda item as presented. He said he thinks staff has direction, stressing we have been discussing this for the last 20 months. Discussion continued. Mr. Boyles said for clarification the plan is to bring everyone into a central facility and get them out of leased space, noting the only difference is the Sheriff's Office. Mr. Padgett commented we are just looking for the big picture to he approved. Mr. Boyles made motion, seconded by Mr. Windes, to approve this “big picture” concept as clarified by Mr. Boyles above. 5 yeas. AIRPORTS —- SECOND AMENDMENT TO AGREEMENT AND LEASE WITH AMERICAN AIRLINES Mr. Sunil Harman, Airports Director, requested approval of the second amendment to the Agreement and Lease with American Airlines to allow them to relocate to Gate B-6 at Northwest Florida Regional Airport. Mr. Harris made motion, seconded by Mr. Windes, to approve this amendment. 5 yeas. AIRPORTS —- APPROVE SALE OF BOB SIKES INDUSTRIAL PARK PARCEL 14, CORRECTION OF ORIGINAL SURVEY Mr. Harman stated the Board has been provided with copies of documents relating to Parcel 14 at Bob Sikes Industrial Park. This parcel was originally sold to Aviation Industrial Group, Inc., now Segars, and the date on that deed is August 7, 2006. Mr. Harman stated the county had the right to take the parcel back because the buyer failed to advance a project on the November 5, 2013 -20- Minute Book 70, Page 132 Okaloosa County Board of County Commissioners property. He said there is now a party which desires to purchase the parcel from Segars for the purpose of constructing a museum/training facility related to explosive ordnance disposal. Mr. Harman stated the industrial park property is no longer part of Bob Sikes Airport but the Board must approve the sale. Staff's recommendation is to approve the sale with the proposed use and also to approve the corrected Exhibit A for recording with the recorded deed contingent upon the buyer preparing a deed including the restrictive covenants of the continuing obligations of the previously recorded Statutory Deed. Mr. Harris noted there was some confusion about the how property lines were originally drawn and a corrected survey/legal description is necessary. Upon inquiry by Mr. Parisot, Mr. Harman said the proposed sale price is about $25,000 per acre for a total of $350,000. Mr. Parisot stated the current owner purchased the property for $146,000. He said the owner did not begin construction on the property within one year as outlined in the airpark covenants. Mr. Parisot stated the reverter clause for non-compliance was written by Mr. Dowd. He said the Board could purchase the property for $146,000 and make a profit on the sale. Mr. Harris told Mr. Parisot he is talking ancient history, noting the county had an obligation to take such action in 2007. He asked for this group not be penalized. Mr. Boyles asked if Mr. Parisot wants the Board to punish this company which got snookered by the downturn. It was Mr. Windes’ opinion we cut our losses. Mr. Boyles said he believes we should keep our fingers out of it. Mr. Boyles made motion, seconded by Mr. Harris, to approve staff's recommendation and let the transaction go forward. Mr. Amunds remarked this type incident has occurred many times over the years. He said the county did not timely reclaim property and asked Mr. Dowd if this set a precedent. Mr. Dowd replied it occurred on occasion. Mr. Harris stated about two years ago Bob Ambrose suggested the county hire a property manager and said perhaps it is time to look at that recommendation. He said if someone looked at all county properties, then these issues would be off the table. Mr. Harris reiterated there is a need for a property manager. November 5, 2013 -21- Minute Book 70, Page 133 Okaloosa County Board of County Commissioners He commented that Mr. Harman said his department could do this and he would have one of his people fill that role. Mr. Amunds suggested starting with Airport property, specifically county- owned property at Bob Sikes Airport. Mr. Harman replied they are required to manage lands on Airport property, pointing out the ones which were part of the industrial park are adjacent to Airport property. He said they saw a need and took it on. Mr. Harris called the question—4 yeas, 1 nay (Mr. Parisot voted no.) Mr. Boyles stated there is a catalog of county-owned properties assigned to each department. He recommended getting these county-owned industrial park properties “out of the donut hole.” ATRPORTS - APPROVAL OF CELL PHONE WAITING AREA FEASIBILITY AND ALTERNATIVE ANALYSIS RECOMMENDATION TO INCLUDE DESIGNING, BIDDING AND CONSTRUCTION AIRPORTS —- APPROVAL OF REQUEST FROM WILLIAMS ELECTRIC TO RELINQUISH TWO HANGARS BACK TO OKALOOSA COUNTY Mr. Harris made motion, seconded by Mr. Windes, to approve both items. Mr. Parisot asked for separate motions. Mr. Harris made motion, seconded by Mr. Windes, to approve a Cell Phone Waiting Area analysis recommendation, the request to design, bid and construct the improvements at Northwest Florida Regional Airport. 4 yeas, 1 nay. (Mr. Parisot voted no.) Mr. Parisgot made motion, seconded by Mr. Boyles, to approve the request from Williams Electric to terminate two leases--Block 3 Lot 3 and Block 3 Lot 4 at Destin Airport. 5 yeas. ATRPORTS - APPROVAL OF AMENDMENT NO. 1 TO CONTRACT WITH ROMJUE ADVERTISING & COMPANY Mr. Harman stated the Board approved this amendment on September 17, 2013 but the actual amendment language was not included in the agenda packet and could not be signed. Mr. Harris made motion, seconded by Mr. Boyles, to approve Amendment No. 1 to the Romjue Advertising contract. 5 yeas. NEW BUSINESS - LEGISLATIVE PRIORITIES FOR 2014 Mr. Padgett referred to the agenda packet which contains the Board’s legislative priorities for 2013 and the legislative November 5, 2013 -22- Minute Book 70, Page Okaloosa County Board of County Commissioners 134 issues identified at the Florida Association of Counties (FAC) Legislative Policy Conference held September 18-20, 2013. Mr. Amunds asked if any commissioners have anything they would like to add or delete regarding federal issues. Mr. Boyles referred to changes in flood insurance and cost increases and asked for item to be included. Mr. Amunds asked for comment on state issues. Mr. Harris noted that aid to libraries comes up each year. Mr. Boyles posed questions about retirement age for special risk positions. Mr. Padgett noted the age was changed for Corrections officers. Mr. Boyles said the issue was not raised to him and he has no desire to clutter the list. Mr. Parisot referred to the $400,000 cap for counties self- performing construction and said it should be moved up to $750,000. Mr. Padgett stated the State was overcharging all 67 counties for Department of Juvenile Justice costs and still owes the counties money. He said at some point the Board may want to talk about going after the money that is owed to it. OLD BUSINESS — UPDATE ON AGO REPORT AND RESPONSE Mr. Padgett stated the last few days Mr. Owen has made the rounds to speak with each commissioner about the Auditor General’s Office (AGO) Report and the county’s response. The county was given 30 days to respond to the AGO Report with 15 findings. Staff with the assistance of the Nabors, Giblin & Nickerson Law Firm has prepared the response. He advised the response is ready to be put in final form and transmitted to the AGO. Mr. Amunds said it is a good product and said he liked the position the county took in staying out of the Clerk’s issues. Mr. Harris made motion, seconded by Mr. Windes, to submit the response as briefed to the Board members. 5 yeas. PUBLIC COMMENTS No one came forward to comment. November 5, 2013 -23- Minute Book 70, Page Okaloosa County Board of County Commissioners 135 ADJOURNMENT There being no further business to come before the Board, the meeting was adjourned at 9:32 p.m. DON W. HOWARD DON R. AMUNDS, CHAIRMAN CLERK OF CIRCUIT COURT BOARD OF COUNTY COMMISSIONERS (These minutes were transcribed by Teresa Ward.) November 5, 2013 -24- Minute Book 70, Page 136 Okaloosa County Board of County Commissioners