Okaloosa County BOCC — October 4, 2013 — Oxctober 15, 2013 Regular Meeting — reading text

October 15, 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 Water & Sewer Administration Building in Fort Walton Beach. 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; John Dowd, County Attorney; and John Hofstad, Interim County Administrator. PUBLIC INFORMATION UPDATE Mrs. Kathy Newby, Public Information Officer, opened her presentation with a video promo for the Okaloosa Today program which airs on Cox Channel 6. Highlights: e Northwest Florida Regional Airports - welcome home reception for wounded warrior e Road Division - photographs of West Plympton Road (dirt to pave) and State Line Road (dirt to asphalt millings) e ECCC - photograph of tourist who participated in the Get HisTOURical Viva Florida 500 Tour of Okaloosa e Coin donations to the Okaloosa County Time Capsule from General Harris, Commander of the 96 Test Wing, and Gina Marini, Heritage Museum Manager COUNTY ADMINISTRATOR’ S UPDATE Mr. Amunds thanked Mr. Hofstad for stepping in as County Administrator while Mr. Padgett was recovering. Mr. Hofstad reported the working group has spent the last several weeks working through the details of the Riggs report, noting a consensus has been found and an action plan proposed. The plan will be brought to the Board at the November 5 meeting. Mr. Hofstad also advised the exit meeting with the State Auditor General was held last week and staff feels confident they have addressed the majority of the items in the report. He said the preliminary report will be provided this week and the county will have thirty days to address the findings. October 15, 2013 -1- Minute Book 70, Page 91 Okaloosa County Board of County Commissioners COMMISSIONER'S MINUTE Mr. Harris stated he has nothing. Mr. Parisot stated citizens have requested the agenda identify which department is presenting each items. He said he has spoken with Karen Rossi in the County Administrator’s Office and she can add this information if given additional time when preparing the agenda. Mr. Amunds remarked they will consider the request. Chapter 985, Florida Statutes, provides for establishment of Circuit Advisory Boards to offer input to the Department of Juvenile Justice (DJJ). The statute calls for representation from the State Attorney, Public Defender, Judiciary, and the Board of County Commissioners. Mr. Parisot recommended Chief Corrections Officer Paul Lawson be approved to serve as the Board’s designee on this board. Mr. Amunds said he has no problem with that recommendation and can sign the designee form later in the meeting. Mr. Parisot stated gaming will be an issue in the 2014 Legislative Session. He said four workshops will be held throughout the state to receive public input. One of those workshops will be held in Pensacola on the afternoon of November 14. Mr. Parisot said he needs clarification on TDC’s recommended actions, saying he believes there is a problem. He advised the minutes of the TDC meeting state the TDC approved certain actions and it is his understanding the TDC can only recommend an action. Mr. Parisot stated the TDD Director has been taking action on the TDC recommendations before the item is approved by the Board of County Commissioners. He said this involves issuing task orders and committing bed tax dollars. Mr. Parisot deemed this a “slippery slope” and voiced concern how it will be interpreted by the Auditor General Office when the audit is conducted next year. He said he would like to see all TDC recommendations come before the Board, regardless of dollar level, before any monies are spent or task order issued. Upon inguiry by Mr. Amunds, Mr. Parisot stated he has included Mr. Padgett in his emails on this subject. Mr. Amunds recommended staff look at this issue. Mr. Boyles said he received an email from a business owner who went into the Tax Collector’s Office to renew the business October 15, 2013 -2- Minute Book 70, Page 92 Okaloosa County Board of County Commissioners license for a dance studio and was pleased the fee had been reduced from $225 to $35. Mr. Boyles stated his second item relates to the Convention Center and the vendor with a contract for catering services, noting that it his understanding that contract has expired. He said he learned over the weekend this vendor had the use of a Convention Center vehicle for delivery of materials to a private function in Destin. Mr. Boyles remarked that he has scheduled a meeting will all the “players.” It is his opinion the contract has expired, the vendor should suspend all activities, and the contract catering services at the Convention Center should be advertised for bid. Upon inquiry by Mr. Amunds, Mr. Boyles replied that he is not okay with the outcome as far as Aramark is concerned. He reiterated his desire to suspend the contract and let staff make a presentation. Mr. Richard Brannon, Purchasing Director, stated the contract renewal notice was mailed to Aramark on September 1 but was not returned to the county. He said they indicated there were some internal problems. Mr. Brannon stated staff from the Purchasing Department, TDD, and Convention Center have been in contact with the vendor. He confirmed the contract has expired. Mr. Harris asked if Aramark assumed it would be renewed automatically. He then stated that he is inclined to agree with Mr. Boyles. Mr. Dowd asked if there is a provision for automatic renewal. Mr. Brannon confirmed there is such a provision but the document must still be signed and presented to the Board for approval. He reiterated it is renewed with the consent of both parties. Mr. Parisot stated there are a number of events scheduled in October and into November, including the Hog Rally and the Travis Tritt concert. He expressed concern these events would not have food or beverage services. Mr. Boyles called it unfortunate but that is not the major concern. Mr. Brannon said the contract was reviewed by Greg Stewart and Lynn Hoshihara of the Nabors, Giblin & Nickerson Law Firm, and they too have concerns. Mr. Boyles stressed inappropriate activities took place and he would like for this item to be on the next agenda for further discussion. Discussion continued regarding catering services. Mr. Harris noted there are other businesses which could cater an event. Mr. Daniel O'Byrne, Tourist Development Department (TDD) October 15, 2013 -3- Minute Book 70, Page 93 Okaloosa County Board of County Commissioners Director, said he believes with a little notice staff can accommodate the customers. However, he stated he does not know how to resolve the issue of beverage sales because Aramark holds the liquor license. Upon inquiry by Mr. Boyles, Mr. O’Byrne said the contract with Aramark to provide catering services at the Emerald Coast Convention Center (ECCC) is not exclusive. Mr. Boyles made motion, seconded by Mr. Harris, to suspend the contract with Aramark pending further action of this Board. He clarified there is to be no further activity under the expired contract. Mr. Amunds was concerned about making snap decisions without research but acknowledged Mr. Boyles has conducted his research with staff. He questioned this action with big events coming up and said he cannot support the motion. Mr. Harris said it is not just the company but the issue of using a county government vehicle. Mr. Parisot said any issue with a county employee should be addressed with that employee and that department. He stated a major event is scheduled for next week and the next meeting is November 5. Mr. Parisot asked if the issue could be resolved between Aramark and the Purchasing Department in the next couple of days. Mr. Boyles stated the reality is there is no contract and he is not creating an issue but clarifying what the Board policy should be. He said there should be no vendor activity under that expired contract. Mr. Amunds commented several contracts have been extended which expired on September 30, 2013. Mr. Brannon stated they expected the contract to be in their hands by October 1 but Aramark did not provide them with the document. Mr. Parisot asked if Aramark could provide catering services, not under the contract, like any other agency could. Mr. Brannon confirmed any group using the Convention Center can bring in its caterer of choice. Mr. Parisot asked if the liquor license could be transferred from Aramark to the Emerald Coast Convention Center. Mr. Amunds stated anyone can contract directly with Aramark even if the contract is suspended for two weeks. Mr. Boyles replied that is the intent of his motion and there is no intent to bar anyone. Mr. Boyles expressed concern about propping up any entity having a relationship with the county because of the sins of the past, adding that he will not be a party to that. Mr. Parisot asked Mr. Dowd if the liquor license is tied to the contract with the county or does it belong to Aramark. Mr. Dowd October 15, 2013 -4- Minute Book 70, Page 94 Okaloosa County Board of County Commissioners responded the license is probably listed in Aramark’s name; he then clarified the liquor license is theirs (Aramark’s). Mr. Parisot again expressed concern about the Hog Rally and Travis Tritt concert and asked if they can contract directly with Aramark. Mr. Harris said you can apply for a temporary liquor license for three-day events. Mr. Windes stated the wheels of government turn slowly. He said he has been aware of this situation for a couple of weeks and has spoken with Special Counsel Greg Stewart, TDD Director Daniel O’Byrne, and External Auditor Angela Balent about it. Mr. Windes stated they have been trying to work out’ some procedures for the ECCC. He said, “I feel your pain and we will get to the bottom of it.” Mr. Windes told Mr. Boyles he will support his motion, adding you can’t have the tail wagging the dog. Mr. Parisot expressed his concern that others were aware of this Situation and said the county has got to stop “softballing” contracts. He said if the paperwork is not back in time, we should start locking the doors. He advocated that it is time to play hardball. The vote was taken on the motion—5 yeas. Mr. Windes stated that three times in the last few months he has wanted to have a discussion on a political consultant for regional projects relating to the RESTORE Act. He distributed a document to the commissioners and requested it be placed on the next agenda. (The document was a three-page proposal from SCG Governmental Affairs.) Mr. Parisot said he is involved with the RESTORE Act and if the Board wants to hire any type of political consultant, he thinks it would be advertised for competitive bid. He was not supportive of hiring a consultant as a sole source provider. Mr. Brannon advised that any cost over $50,000 must be competitively bid. Mr. Amunds stated staff can work on this over the next two weeks. PUBLIC HEARING - REQUEST FROM THOMAS WATKINS TO VACATE PORTION OF FIFTH AVENUE AND FIFTH STREET IN TOWNSITE OF PORT DIXIE Mr. Stanford read the advertised legal notice for public hearing to consider the request of Thomas Watkins for Watree October 15, 2013 -5- Minute Book 70, Page 95 Okaloosa County Board of County Commissioners Construction and Land Developing, LLC to vacate a portion of Fifth Avenue and Fifth Street in the Townsite of Port Dixie. Mr. Jason Autrey, County Engineer, stated portions of Fifth Avenue and Fifth Street were previously vacated; however, a 20'X20’ area on the southwest corner of the parcel and a 20’X10’ area on the northwest corner were never vacated. This hearing covers those two areas. No one came forward to speak in favor of or in opposition to this request. Mr. Parisot made motion, seconded by Mr. Boyles, to adopt a resolution vacating