Okaloosa County BOCC — January 19, 2016 — Nov 17, 2015 regular meeting minutes — reading text

Pritchett WRF 21. Water & Sewer: Amended refund amocunts to three large meter customer accounts 22. Water & Sewer: Lease agreement with Office of Criminal Conflict & Civil Regional Counsel for office space on second floor of Water & Sewer Administration Building 5 yeas. 7. Human Resources: Payment of $5,000 to James Robbins to provide training services on December 3, 2015 Mr. Goodwin stated this is for payment for a motivational speaker for staff. He said that he is not against the concept but asked if the benefit of having a motivational speaker annually at the Administrator’s Retreat has been tracked to justify the cost. Mr. Goodwin stated he would like to see some metric, some way of measuring the anticipated goal or benefit. November 17, 2015 -6- Minute Book 74, Page 26 Okaloosa County Board of County Commissioners Mr. Goodwin then made motion, seconded by Mr. Harris, to approve this agenda item. Mr. Hofstad stated the Management Retreat was begun by County Manager Chris Holley as a two-day event and was continued by County Administrator Jim Curry. However, in 2008 the event was scaled back and local talent was used. He noted that comments from staff were less than complimentary, more critical. Mr. Hofstad stated speakers of this caliber usually command $10,000 to $15,000 plus travel expenses. He said Mr. Robbins has agreed to charge only §$5,000 and the Ramada is going to provide a room for Mr. Robbins at no cost to the county. Mr. Hofstad advised that he will look to the Human Resources staff to prepare some type matrix to measure the benefit. Mrs. Ketchel and Mr. Harris commented this is an investment in staff. Mr. Goodwin again stated that he is not questioning the concept but would like to have some way to know if we are accomplishing a goal. t The vote was taken—5 yeas. PUBLIC HEARING - REQUEST FROM SHAUL ZISLIN TO VACATE A PORTION OF MARLER DRIVE, COORDINATION OF DEVELOPMENT ACTIVITIES AGREEMENT Mr. Stewart clarified the item before the Board is consideration of an Agreement for Coordination of Development Activities with regard to a possible future request from Shaul Zislin of FWGV, LLC to vacate a portion of Marler Drive on Okalcosa Island. He said this agreement provides a 60-day due diligence period for the developer to pursue all necessary permits, licenses, and exceptions. If the developer elects to move forward, he will petition the Board for a public hearing for the vacation of a portion of Marler Drive. Mr. Stewart stated the petitioner will provide certain easements, walkways, beach ways, and will contribute $110,000 to construct a public boardwalk along the north side of the property. Mr. Jason Autrey, Public Works Director, stated this is not a normal right-of-way vacation request. He provided additional details on the terms of the agreement. Mr. Autrey stated if the developer does not desire to proceed with a petition to vacate, the agreement will become null and void. Mr. Autrey reported some concerns have been voiced to staff regarding access. A potential solution is a 300-foot turn around section on the dead end, Mr. Autrey advising the November 17, 2015 -7- Minute Book 74, Page 27 Okaloosa County Board of County Commissioners petitioner has no objection to this solution. Other concerns were easements for Okaloosa County Water & Sewer and to private entities. He advised staff has no objection to going forward with the agreement. Upon inquiry by Mr. Boyles, Mr. Autrey stated the agreement will not bind the Board to any future petition for wvacation. Mr., William Naftel, stated he has been an owner at 1288 Marler Drive since 1980. He voiced his objection to any vacation requests and said it would be harmful for any future development. Upon ingquiry by Mr. Boyles, Mr. Nathal stated he is one of the owners of 1288 Marler Drive. Mr. Alan Frieberg stated he 1s the owner of Unit 1 at the condominium located at 1288 Marler Drive. He asked what will happen to the ocfficial address and legal description of properties for those adjacent to the portion of Marler Drive to be vacated. Mr. Frieberg stated that when the «road 1is abandoned, it will become a dead-end street. Mr. Boyles noted the address 1issue could pose a burden on residents and businesses. Mr. Autrey stated the property located at 1288 Marler 1is adjacent to the property in question. He said a cul-de-sac would provide full access. Mr. Autrey agreed that it is an interesting point on addresses and said he will contact the 9-1-1 Address Coordinator. Mrs. Ketchel made motion, seconded by Mr. Goodwin, to approve the agreement. 5 yeas. PURCHASING - AUTHORIZATION TO NEGOTIATE CONTRACT WITH PAWS TO PROVIDE ANIMAL CONTROL SERVICES Mrs. Zan Fedorak, Purchasing Manager, reported a competitive solicitation (Request for Qualifications) was advertised for animal control and related services. She said only one response was received. That submittal was from the Panhandle Animal Welfare Society (PAWS), stating a review by staff found the submittal to be fully responsive. Mrs. Fedorak requested approval for staff to negotiate a contact with PAWS and stated a negotiated contract will be Dbrought back to the Board for consideration. Mr. Harris commented that many pecople have shared their concerns with him regarding vendor accountability. Mrs. Fedorak agreed November 17, 2015 -8~ Minute Book 74, Page 28 Okaloosa County Board of County Commissioners vendor accountability i1s critical and any contract with PAWS will include monthly reporting. Mr. Harris made motion, seconded by Mr. Windes, to authorize staff to begin contract negotiations with PAWS to provide animal control and related services. Mr. Goodwin shared his <concerns about a private sector organization providing policing services and possible double taxation issues by funding PAWS out of the General Fund. He said this vendor has become a default sole source provider, saying they have become entrenched and no one can compete because they already have the infrastructure for the services in place. Mr. Goodwin said this company seems to have lost sight of who they work for and said he has received reports of rude personnel and snide remarks. He stated he hopes there will be a fundamental attitude shift for them in dealing with citizens. Mrs. Ketchel said she has received similar complaints and we must address these concerns we are hearing. She stated the Board may have to revisit the comments on double taxation. Mr. Harris echoed Mr. Goodwin’s and Mrs. Ketchel’s comments. He said they are the only game in town and think they are immune. Mr. Harris stated many animal lovers have shared horror stories with him about PAWS activities. He said he intends to hold their feet to the fire. Mr. Windes commented that he is certain all commissioners have heard these concerns. However, he pointed out this approval is only to authorize staff to begin contract negotiation. Mr. Goodwin stated he supports the motion to negotiate but may not support the contract. Mr. Peacock recommended a strong audit clause in the contract and strong accountability language. Mr. Boyles advised that he has toured the PAWS facility and noted the average citizen will not have contact with PAWS. He said this organization deals with irresponsible owners. Mr. Boyles stated the facility is not much different than a jail. The vote was taken on the motion—5 yeas. RECESS - The meeting was recessed at 9:37 a.m. and reconvened at 9:45 a.m. November 17, 2015 -9- Minute Book 74, Page 29 Okaloosa County Board of County Commissioners TOURIST DEVELOPMENT - TOURIST DEVELOPMENT COUNCIL VACANCY Mr. Ed Schroeder, Tourist Development Department (TDD) Director, reported Martin Owen, an owner/operator member, on the Tourist Development Council (TDC) has tendered his resignation. He recommended the following process for filling this vacancy be approved: e Post notice and application form on the county’s website seeking qualified individuals interested in serving on the TDC ¢ The TDD Director shall accept applications through 5:00 p.m. on Friday, December 4, 2015 ¢ A selection committee comprised of the Board Liaison to the TDC, the TDD Director, and TDC Chairman shall review the applications ¢ The selection committee’s recommendations will be presented to the Board for final approval in December ¢ The newly appointed TDC member will begin his/her term upon appointment by the Board Mrs. Ketchel made motion, seconded by Mr. Windes, apprcocve the selection process and appoint the selection committee as recommended above. 5 yeas. PUBLIC WORKS - EXTENSION OF CURRENT SOLID WASTE COLLECTION AND TRANSFER STATICN OPERATION SERVICES CONTRACTS Mr. Jason Autrey, Public Works Director, stated that earlier in the summer discussions were held regarding solid waste cocllection services. As a result, direction was given to revise the Request For Proposals (RFP) for these services. (The current contracts expire on March 31, 2016.) Mr. Autrey advised that modifications to the RFP will make it necessary to extend the current contracts so service is not interrupted. He said the six-month extension will continue the exact same level of service to the customer but there are three administrative modifications: 1. Beginning April 1, 2016 (effective date of extension), Waste Management will not remit a rebate to Okaloosa County for recycled materials. 2. Beginning April 1, 2016 (effect date of extension), Waste Management will not be required to remove bags from curbside vegetation collection. November 17, 2015 -10- Minute Book 74, Page 3p Okaloosa County Board of County Commissioners 3. Beginning January 1, 2016, Waste Management will Dbe allowed to increase the fees for extra pickups for multi-family customers to $10 per cubic yard. Mr. Harris made motion, seconded by Mrs. Ketchel, to approve the extension to the contracts with Waste Management as outlined above. 5 yeas. FACILITIES MAINTENANCE - OKALOOSA ISLAND PIER, NOTICE OF BREACH Mr. James Puckett, Facilities Maintenance Manager, stated the information provided is based on an inspection of the Okaloosa Island Pier and numercus complaints about the condition of the facility. He advised that on October 9, 2015, a Notice of Breach was sent via certified mail to Pier Associates, Inc. regarding failure to properly maintain the premises as required by the lease. As stipulated in Paragraph 15 of the Pier Lease, Pier Associates was given 15 calendar days to remedy or cure the breach. He reported that at the conclusion of the 15-day period, the lease breach was not fully cured. Mr. Puckett stated a meeting (November 5, 2015) was held with legal counsel; Mr. Hofstad; Chris Cadenhead, representing Pier Associates; and himself. Mr. Puckett outlined the improvements which have been accomplished, as well as detailed those areas which still need to be addressed. Mrs. Ketchel stated she began receiving complaints from fishermen and local residents as early as June about the condition of the Pier. She told the commissicners she asked Ms. Lynn Hoshihara (attorney with Nabors, Giblin & Nickerson) to accompany her for a tour of the Piler facility. Mrs. Ketchel reported she was appalled at what she saw and, in her cpinion, it was not the neglect of one winter. She said Mr. Cadenhead pocketed thousands of dollars in Pier revenues and has done nothing to maintain it. Mrs. Ketchel asked why this should be allowed to continue and felt consideration should be given to pulling that ccntract. She also felt arrearages should be addressed. Mr. Stewart explained it has come to their attention that additional revenues might be due the county with regard to the fees for the submerged land lease imposed by the State. Mr. Stewart noted the law was changed several years ago regarding the assessment on Jgross revenues. He referred to prior November 17, 2015 -11- Minute Book 74, Page 31 Okaloosa County Board of County Commissioners correspondence between