Okaloosa County BOCC — May 19, 2015 — April 21, 2015 Regular Meeting — reading text

April 21, 2015 Regular Meeting The regular Tuesday meeting of the Okaloosa County Board of County Commissioners was called to order at 6:10 p.m. in the Water & Sewer Administration Building in Fort Walton Beach. Members present were Nathan D. Boyles, Chairman; Charles K. Windes, Jr., Vice Chairman; Wayne Harris; Carolyn Ketchel; and Trey Goodwin. Also present were J. D. Peacock, II, Clerk of Circuit Court; John Hofstad, County Administrator; Greg Stewart, County Attorney; and Gary Stanford, Finance Director, Clerk’s Office. BINGO ORDINANCE WORKSHOP Mr. Boyles stated the Bingo Ordinance Workshop was held just prior to tonight’s meeting. He asked the commissioners if there is further discussion or a motion to be made at this time. Mr. Goodwin made motion, seconded by Mr. Harris, stating it 1is the Board’'s recommendation to the stakeholders and other interested parties to work together with good faith and talk about how to improve ways to do business; then, frame it as a recommendation to be returned to the Board. 5 yeas. Mr. Boyles announced there will be no further action/consideration of the proposed ordinance and it will not be moved forward. He stated the Board will take a short recess to allow anyone desiring to leave at this time an opportunity to do so. Mr. Boyles noted there will be two opportunities for public comment during the regular meeting. COUNTY ADMINISTRATOR'S UPDATE Mr. Hofstad stated all commissioners should have received an email or letter regarding a booking policy for the Emerald Coast Convention Center (ECCC). He reported staff will work this item and bring it back to the Board at a future date. Mr. Hofstad stated he and the Chairman visited Washington D.C. and had an opportunity to meet with U.S. Department of Transportation officials and speak specifically about TIGER (Transportation Investments Generating Economic Recovery) Grants. He reported there will be $500 Million in grants distributed throughout the country. Mr. Hofstad said he feels the Board’s action to create the North Okaloosa Tax Increment April 21, 2015 -1- Minute Book 72, Page 255 Okaloosa County Board of County Commissioners Financing (TIF) area 1is a solid project which may qualify for some of these grants funds. He noted an application will be timely filed with DOT before May 4, noting that authorization is within his threshold of authority. COUNTY ATTORNEY'S UPDATE Mr. Stewart stated there 1is currently ongoing litigation with LaGrange Aero, Inc. He said a settlement agreement has been negotiated for LaGrange Aero to pay the county $185,000 in five installments over a two-year period. Upon execution of the settlement agreement, a Stipulated Motion will be entered for the Court’s approval of the agreement and dismissal of the lawsuit and counterclaim. Mr. Windes made motion, seconded by Mrs. Ketchel, to approve the Mutual Settlement and Release Agreement and to authorize the Chairman to execute same. 5 yeas, Mr. Stewart stated this item is for information only and deals with the action just taken by the Board. He advised the Nabors, Giblin & Nickerson Law Firm handled this 1litigation on a contingency Dbasis. Mr. Stewart said because there are installment payments, he asked the first payment be a reimbursement of the hard costs of approximately $8,000 with the contingency fees to Dbe paid in subsequent payments. Mrs. Ketchel made motion, seconded by Mr. Goodwin, to approve these payments as outlined by the County Attorney. 5 yeas. Mr. Stewart commented the county has been on a 1long road to recover funds misappropriated by Mark Bellinger with the TDC several years ago. One last item to address deals with Lewis Communications (advertising agency) and the differential of the purchase of the house and what is still owed Okaloosa County. He said that amount is $198,000 and he would like authority to make one last effort to resolve this 1issue with Lewis Communications. Continuing, Mr. Stewart stated if it cannot be resolved, he would ask for the freedom to institute legal action to resolve this amount. Mr. Harris made motion, seconded by Mrs. Ketchel, to approve the County Attorney’s request. 5 yeas. COMMISSIONER'S MINUTE Mrs. Ketchel stated she is excited about the work being done on the Farmer’s Market at the Fairgrounds, extending her thanks to staff for the work. April 21, 2015 -2- Minute Book 72, Page 256 Okaloosa County Board of County Commissioners Mr. Windes and Mr. Goodwin stated they have nothing. Mr. Harris stated that he is proud to be part of a county and a legislative body which praises God and remembers our country at the beginning of each meeting. He said that he would also like to make a motion to appeint J. D. Whitten as the City of Crestview’s representative to the ORAC, noting that he is replacing Mr. Gordon. Mr. Windes seconded the motion. Mr. Harris clarified the City of Crestview elected Mr. Whitten to this post on April 13 but that appointment must be ratified by the Board. 5 vyeas. Mr. Boyles felt the meeting in Washington D.C. was very productive and said he believes the 1legislative delegation is supportive of Okaloosa County. He stated there was progress with the Departments, especially with regard to the TIGER grant for transportation needs. CLERK OF COURTS' UPDATE Mr. Peacock stated the Okaloosa County Clerk'’'s Office participated in the statewide initiative called Operation Green Light. Operation Green Light provided individuals an opportunity to pay past-due court costs and fines while waiving the 40% collection fee. He reported they helped 60 people, collected $32,000 in past due fees and fines, and were able to help some people get their driver’'s licenses back. Mr. Peacock stated he would like to comment on an agenda item later in the meeting. PUBLIC COMMENTS Dr. Julia McNabb, CEO of Horizons, stated the opposing side overwhelmed the commissioners with numbers during the Bingo Workshop held earlier tonight. She said the charities did not identify the problem well enough. Dr. McNabb said this is not something the charities started last month but affirmed they have been negotiating with the operators for years. She told the Board they cannot operate bingo games themselves and must play by the operators’ rules. Dr. McNabb stated if she kicks and screams, she can be removed and pointed out there are other charities tco take her place. Dr. McNabb said the problem is clear in her opinion and that is there are charities which are not 501C3s. She stated a second problem 1is the operators think the money belongs to them, April 21, 2015 -3- Minute Book 72, Page 257 Okaloosa County Board of County Commissioners becoming the bank and teller for bingo revenues. Dr. McNabb told the Board "“Those guys are walking away with millions of dollars.” Listing what she deemed as the third problem, she said the money is to be used for charities. Dr. McNabb then detailed the decreasing percentage of revenue coming to the charities she represents. She said from 2010 to present the percentage coming back to the charities has decreased down to 17% with the remainder going to the bingo hall operators. Ms. Mitzi Bennett, Habitat for Humanity, stated they play at Racetrack Bingo and she 1s the manager representing ten agencies. She said the money comes into the bingo hall and goes into our account not the operators. Ms. Bennett said every week she pays fees for rental, daily set up and clean up. She noted that she hires an auditor for their books and to complete the agencies’ tax returns. Ms. Bennett stated at times the operator is extremely generous. Mr. Sherman Ross, Chief Executive Officer for the Boys and Girls Club, stated this organization serves 1,100 kids. He said they teach the children to have good character and become good citizens. Mr. Ross stated that with regard to a proposed bingo ordinance, they are not asking for more government but transparency and an even playing field. Mr. Charles Rigdon commented that his father started the need for a bingo ordinance in 1999. He said they have enjoyed a 22- year relationship with the Mossino family. Mr. Rigdon stated there is a lot of money flowing through the bingo halls. He said it is gaming and the money must go through the charities. He echoed the requests for an even playing field and an ordinance to protect the charities. VISITOR - STEVE CHRISTOPHER WITH ©LORD & SON, UPDATE ON CONSTRUCTION OF NEW ADMINISTRATION BUILDING IN SHALIMAR Mr. Boyles stated Mr. Christopher has cancelled his appearance. VISITOR - ANNE MCBRIDE, OKALOOSA COUNTY COMMISSION ON THE STATUS OF WOMEN ANNUAL REPORT Ms. Anne M. “Amy” McBride, Chairperson for the Okaloosa County Commission on the Status of Women (OCCSW), presented the Board with a brief report for the year 2014. Her update included information on the ceremonies inducting women to the Wall of Honcr and to the Hall of Fame. Ms. McBride stated in the past April 21, 2015 -4 - Minute Book 72, Page 258 Okaloosa County Board of County Commissioners year, the organization purchased honoree plaques and certificates, funded a scholarship and renewed its membership with the National Association of Commissions for Women. The local commission does not receive public funds and relies on fundraising activities and community support. She 1listed the year’s highlights which included celebration of the 20" anniversary of the OCCSW; presentation of a $1,000 scholarship to Hadley Finn in July 2014; and logging in 2,071.5 volunteer hours. CONSENT AGENDA APPROVAL Mr. Boyles stated TItem #9 (purchase of Midland radios off Florida Sheriff’s contract) will be removed and considered at a later date. Mrs. Ketchel asked for Item #3 to be removed. Mrs. Ketchel made motion, seconded by Mr. Goodwin, to approve the Consent Agenda less Items #3 and #9. 1. BCC Records: Regular Meeting Minutes of March 17, 2015 2. Finance: Budget Resolutions and Transfers (a) Resolution amending FY 2015 Budget, General Fund (Sheriff’s revenue) RESOLUTION NO. 15-101 (BA #101) (b) Resolution amending FY 2015 Budget, Law Enforcement Trust Special Revenue Fund (confiscated property proceeds) RESOLUTION NO. 15-102 (BA #102) (c) Resolution amending FY 2015 Budget, Airport Enterprise Fund (Airport revenue) RESOLUTION NO. 15-103 (BA #103) {d) Resolution amending FY 2015 Budget, Solid Waste Enterprise Fund (budget transfer from Tourist Development Special Revenue Fund) RESOLUTION NO. 15-104 (BA #104) (e) Budget Transfer: Road & Bridge Construction Fund; transfer funding from Gilmore Road to equipment account to purchase backhoe; BT-15-30 (f£) Budget Transfer: General Fund; costs for Baker Act were underfunded; BT-15-31 4. Corrections: Approval to issue Request for Proposals for inmate commissary services 5. Growth Management: Amendment No. 2 to Okaloosa County Transit (OCT) Agreement C03-0927-GM to allow direct April 21, 2015 -5~ Minute Book 72, Page 259 Okaloosa County Board of County Commissioners 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. drawdown of grant funds for the maintenance of county-owned vehicles operated by OCT Sheriff: Law Enforcement Trust Fund Disbursement ($500 to Sigma Omicron Omega Chapter of Alpha Kappa Alpha Sorority; $500 to Florida Sheriff’s Youth Ranches, Inc.) County Administration: Request from Community Solutions of the Emerald Coast Inc. for approval of Local Government Certification form for Nonprofit Organization to seek grant funds for emergency shelter Purchasing: Approval to 1issue Request for Qualifications for Title Searches and Leasehold Conversions and appointment of a review committee Purchasing: Approval to purchase four ambulances off the Florida Sheriff’s Aassociation Contract #15-11-00116 from Demers Ambulance USA for a total of $528, 745 Purchasing: First Amendment to Specialty Vehicles Southeast, Inc. d/b/a FleetCo Contract C15-2286-GM to refurbish two trolleys Purchasing: Reject submittals for Medical