Okaloosa County BOCC — January 7, 2014 — Minutes — reading text

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