Okaloosa County BOCC — January 30, 2013 — Regular Mtg April 16 2013 — reading text

for its submission for a Biomass Estimate Project. This fund was established to promote tourism and the seafood industries in Gulf Coast areas impacted by the Deepwater Horizon oil spill. “In particular, one of the primary purposes of this Promotional Fund is for the support of programs directed to advertising, promotion and/or marketing which supports Gulf tourism and the seafood industries.” With only three days to prepare the grant application, it seemed a better fit with the stated purpose of the fund to prepare the application for the Biomass Estimate Project as opposed to the construction of reefs. As previously stated, the county did receive a grant award. When the grant was awarded, staff stated the purpose of the project was to evaluate the sea floor with regard to the types of fish species and to use the data to evaluate the limitations on recreational fishing. Subsequently, a companion application has been submitted for grant funds for reef deployment. Mr. Hofstad stated Scott Henson has prepared a PowerPoint presentation to describe the project. Mr. Amunds said he spoke with Mr. Hofstad a few months ago about substituting the use of this grant for deployment of reef materials rather than the biomass estimate. Mr. Hofstad replied that he did pose the question to the granting agency and was told the grant must be used for its intended purpose, clarifying the funds cannot be redirected. He said the options are to use the grant for the biomass estimate project or to return it. Mr. Henson began his detailed presentation. He said the primary purpose of the project is to determine reef density, reef spacing, and what type materials create better reefs. Mr. Parisot interrupted and asked if the term “biomass” means “fish,” to which Mr. Henson replied in the affirmative. Mr. April 16, 2013 -11- Minute Book 69, Page Okaloosa County Board of County Commissioners Henson said there is a misconception that the project is to count the number of snapper or grouper. Mr. Amunds asked how the area for the study will be determined. Mr. Henson said the consultant will be asked to provide data for a specific large area (2+ miles) and it will be up to them to identify other areas. Mr. Amunds expressed his concerns about the liability the county might incur if the study reveals a private entity created a reef that was outside a permitted area. Mr. Henson previously had stated that if reef materials were deployed outside the permitted boundaries, the county would be responsible for retrieval and relocation. In answer to Mr. Amunds’ concern, he stated that is a risk but it is unlikely any agency will require the county to move anything. Mr. Hofstad assured the Board that it was never the intent for the project to be a punitive measure. He said they are not going out to try to find reef locations that were not permitted by the county. Mr. Windes thanked Mr. Henson and Mr. Hofstad for their work but stated he disagrees profoundly. Mr. Windes presented to the Clerk for the record two letters. The first was from Kay Biggers, General Manager of the Destin Fisherman’s Cooperative Association, dated April 16, 2013. The second letter was from Captain Mike Eller, Co-President of the Destin Charter Boat Association (undated). He read portions of each letter. The writers of both letters felt grant funding awarded to the county should be spent responsibly and could not support this project. Mr. Windes said the Charter Boat Association represents 80 to 90 boats and about 200 families. The Destin Fisherman’s Co-op represents about 100 boats and 200 families. He said this is 400 families who would rather not have more government in their business. Mr. Windes stated he has spent 41 years in the Gulf and noted some areas where money could be spent (standby buoys, artificial reefs). He explained that a lot of money has been spent on private reefs and said the data collected from the use of sonar in this proposed project could identify the locations of these reefs. Mr. Windes stressed the fishermen are trying to survive, battling the poor economy and government restrictions. He commented that you need an attorney to understand the regulations. Mr. Windes stated every ten years the landscape on the ocean bottom will be completely different. He said this assessment could be done but one storm could change everything. Mr. Windes remarked there is too much government in the fishing industry. April 16, 2013 -12- Minute Book 69, Page Okaloosa County Board of County Commissioners He added the fishermen already know what type materials make the best reefs and have known that for decades. Mr. Harris stated the National Marine Fishery Service is publishing a biomass study and asked why the county is also proposing to do one. Upon inquiry by Mr. Harris, Mr. Henson stated this is BP money. Mr. Harris again questioned the need for two studies and said he will defer to Mr. Windes. Mr. Parisot said he doesn’t believe Okaloosa’s reef areas are “on the radar” of the other study. He stated that he believes the proposed biomass estimate project will help with management of the county’s reefs. Mr. Parisot announced the county has submitted applications for reef deployment and he believes if the county turns this grant back in, it will not get a chance at the other applications. Mr. Windes remarked they might appreciate our honesty. Mr. Amunds referred to the comments about identifying reefs and said there is mistrust of the government. He again expressed his concern about the county’s liability if they find reef material outside a permitted area and asked Mr. Henson if he can get something in writing relieving the county of such liability. Mr. Henson responded that he cannot speak for the granting agency. He said that he did put feelers out about keeping the information confidential and said the project focuses on 100 public reef sites. Mr. Amunds once again expressed his concern about liability. Mr. Parisot asked if there is a timeline involved and asked if returning the grant funds could be delayed for a month. He said we may have information by then if we will receive the other grant for deployment of reef materials. Mr. Curry said the biomass estimate project would have to come back for award of a RFQ. Mr. Hofstad stated the grant awards were made in October of last year and this project would have to be completed by November 1, 2013. He said they could ask for an extension. Mr. Amunds asked for something in writing and Mr. Dowd advised him “They are not going to do that.” Mr. Harris said he is reluctant to go down that road and questioned why you would seek RFQs. He again deferred to Mr. Windes’ expertise and to the 400 families who think this is wrong. Mr. Windes said the answers you are looking for they (the fishermen) have known for decades and they know more than the scientists do. He termed this project “a loser.” Mr. April 16, 2013 -13- Minute Book 69, Page Okaloosa County Board of County Commissioners Windes then made a motion, seconded by Mr. Boyles, to decline the $450,000 BP grant for the biomass estimate project, include a letter of thanks, and ask for consideration for other projects in the future. Mr. Boyles opined that if the Board does not want to proceed, returning the grant is the gentlemanly thing to do. He added that trying to force something on people who don’t want is not right. 4 yeas, 1 nay. (Mr. Parisot voted no.) NEW BUSINESS – DISCUSSION AND GUIDANCE REGARDING REVENUE SOURCES FOR FY 2014 BUDGET, INCLUDING FUEL TAXES AND UTILITY FRANCHISE FEES Mr. Curry stated this agenda item is a continuation of the discussion begun during the Budget Policy Workshop on April 9 regarding revenue enhancements. Revenue option information has been provided with the agenda request, as well as draft letters to be sent to the utilities regarding franchise fees. Mr. Curry said he is prepared to answer any questions as these subjects have been discussed in depth previously. Mr. Curry pointed out franchise fees are a common assessment in Northwest Florida, noting that Okaloosa County is the only entity which has not imposed them. He said the county also has five cents in gas taxes which could be assessed. This would result in revenue of about $547 for each penny assessed. With regard to the timeline for the gas tax, it would have to be fully implemented by July 1 so collection could begin on January 1, 2014. Mr. Amunds said he has no problem with sending letters to the utility companies to get their input on accessing the franchise fee. Mr. Boyles commented that he has been open on his position on this issue and included it in his newsletter. He remarked that he was surprised by the responses he has received, saying the people are supportive if they can see a defined benefit for a recognized need. Upon inquiry by Mr. Boyles, Mr. Hofstad said the cost to pave one mile of 66-foot wide right-of-way with stormwater improvements was previously estimated at $1 Million. He said that cost is probably now closer to $880,000. Mr. Hofstad reported four miles of cold mix stabilization on Buck Ward Road cost $770,000. Mr. Boyles stated the Board must be willing to tackle this issue. He said with this increased revenue source, he could actually get pavement on the ground and encouraged his fellow commissioners to keep this option on the table. April 16, 2013 -14- Minute Book 69, Page Okaloosa County Board of County Commissioners Next, Mr. Boyles addressed the imposition of franchise fees. He said everyone else in the Panhandle uses these fees for revenue except Okaloosa County. Mr. Boyles stated that by not considering other revenue options, the county is forcing the burden on property owners. He supported forwarding letters to the utilities to learn their positions. Mr. Harris responded that he could not agree more. He said the taxpayers of this county no we have problems. Mr. Harris said the franchise fee and gas tax are user fees and stated that people traveling through our county purchasing fuel will help support maintenance of our roads. He too supported sending letters to the utility companies. Upon inquiry by Mr. Parisot, Mr. Curry confirmed the franchise fee would apply only to the unincorporated portion of the county. Mr. Curry went on to say that he has received clarification about imposing the franchise fee. He stated that if you do not receive agreement from the utility companies, you can go to court to receive authority to impose it by showing the benefits of the fee. The three utility companies to be impacted are Gulf Power Company, Choctawhatchee Electric Cooperative, and the Okaloosa Gas District. Mr. Windes said he knows there are problems with roads and the county needs more revenue. He stressed looking at the big picture and everyone be willing to pull together. Mr. Windes advised that he is not interested in increasing ad valorem taxes. Mr. Amunds stated he would like to hear from all nine cities on increasing gas taxes. Mr. Boyles said this is a difficult political task and giving the municipalities an opportunity to “buy in” is important. Mr. Dowd advised the cities must agree and referred to the formula for distribution of the gas tax revenues. He said currently that formula is 60/40 and must be re-calculated every ten years. Mr. Stanford explained the Local Option Gas Tax (LOGT) is based on interlocal agreements with the cities and agreed the current split of revenues among the county and cities is 60/40. He pointed out the formula is not based on road miles but the original transportation expenses. Mr. Parisot asked if the interlocal agreements would have to be in place by July 1. Mr. April 16, 2013