Okaloosa County BOCC — December 18, 2012 — Minutes — reading text

Costs ranged from $18,250 to $23,500. Mrs. Godwin requested Board direction regarding contracting with a search firm to fill the position of County Administrator. Upon inquiry by Mr. Harris, Mrs. Godwin stated all firms have solid references. He asked why Colin Baenziger & Associates received the top ranking. Mrs. Godwin replied Colin Baenzinger has a very strong public sector background in the State of Florida, a strong focus on government, and the longest list of guarantees. The firm stressed it has never billed nor requested additional funds beyond the original quoted fee. Mr. Parisot stated he contacted county commissioners in a couple of the counties which used Colin Baenzinger and they were very pleased. Mr. Windes made motion, seconded by Mr. Parisot, to select Colin Baenziger & Associates for recruitment services for the position of County Administrator. Mrs. Godwin said the first step will be a needs assessment and will include individual interviews with commissioners. She stated if the Board is ready to proceed, a contract can be made with this firm. Mr. Windes amended his motion to include the information provided by Mrs. Godwin. Mr. Parisot confirmed his second. Mrs. Godwin said we will be looking at 90 days to four months to complete the process. 5 yeas. AIRPORTS – LEGAL ACTION AGAINST VISION AIRLINES FOR NON-PAYMENT Mr. Greg Donovan, Airports Director, said he would first like to say he appreciates the efforts of L-3 Aerospace in building its company and he feels Bob Sikes Airport is the right environment for them to succeed in. December 18, 2012 -6- Minute Book 68, Page Okaloosa County Board of County Commissioners Mr. Donovan stated a few years ago Vision Airlines began its operation at Northwest Florida Regional Airport (VPS). He said the Airport is an enterprise operation and is dependent on revenues. Mr. Donovan advised that it is disappointing but he is seeking direction from the Board regarding collection of money still owed the Airports Department by Vision Airlines. Vision Airlines is delinquent in paying Okaloosa County $146,973.70 from previous operations at Northwest Florida Regional Airport and has not been responsive to recent collection attempts. Vision Airlines entered into a signatory airline operation agreement and terminal building lease with the county in 2011. The amount due can be broken down in this manner: $117,659.98 is for Passenger Facility Charges (PFCs); $9,042.92 is for fuel consumed by airline ground support equipment; and $20,270.80 is for other station expenses such as employee backgrounds, ticket stock, and penalties for unreturned credentials. CFO of the company agreed to pay $25,000 per week but those payments became sporadic and no payments have been received since July 23, 2012. Vision Airlines has been given until December 31, 2012 to provide payment. Mr. Donovan said Vision Airlines did have a positive impact on the community and provided competition at VPS but had difficulty with sustaining routes. He reported Gulfport, Mississippi, has taken similar legal action against Vision for delinquent payments. Mr. Harris referenced the amount owed the county and asked what was the return on the investment. Mr. Donovan replied the financial report for VPS for Fiscal Year 2012 is on the website. He pointed out that during Fiscal Years 2011 and 2012, the airport did not lose money and vendors made profits. Mr. Donovan stated, however, that Vision did not make much money on $39 tickets but vendors, such as car rental companies, did make good profits. Mr. Parisot stated one of his big concerns are the PFCs, noting the airline is to put those in an escrow account and within 30 days they are to pay those charges to the airport. He said the airlines are acting as an agent for the airport when they collect those charges and he feels this non-payment of PFCs could be considered larceny. Mr. Parisot suggested the airline be reminded of that. Mr. Donovan replied that is a decision for December 18, 2012 -7- Minute Book 68, Page Okaloosa County Board of County Commissioners the authorities to make. He added that he cannot provide an explanation on behalf of the airline. Mr. Windes said from a perspective of outside looking in, he can understand the residual benefits. He added that he also understands the management responsibility for 160 tenant agreements. Mr. Windes stated he is having trouble understanding the ratio of income to total outstanding debt. He termed it “out of whack.” Mr. Windes felt this should have been nipped in the bud sooner. Mr. Windes made motion, seconded by Mr. Parisot, to authorize Mr. Donovan to work with Mr. Dowd and the contract attorney (Nabors, Giblin & Nickerson) to file legal action against Vision Airlines if the indebtedness issue is not resolved by December 31, 2012. 5 yeas. PUBLIC HEARING – REVISIONS TO OKALOOSA COUNTY RECREATION ORDINANCE NO. 08-06 (6:30 P.M.) Mr. Stanford read the advertised legal notice for public hearing to consider revisions to the Okaloosa County Recreation Ordinance No. 08-06 prohibiting the leaving of personal property during specified times, prohibiting overnight camping, prohibiting fires or open flames, regulating weddings, regulating swimming and other off-shore activities. Mr. John Hofstad, Public Works Director, reviewed the proposed revisions and provided the reasons for the amendments. He noted the conflicts in scheduling beach weddings drove the changes on that issue and the abundance of overnight abandoned items prompted those amendments. Mr. Hofstad expressed concerns about how the abandoned tents, canopies, etc. could violate the federal mandate for turtle access during the nesting season (May 1 through October 31) and how it impacts beach cleaning. Mr. Hofstad advised they are not trying to be heavy handed or overly punitive with the recommended revisions. He noted that staff has sought input from Growth Management, Code Enforcement, Commissioners, the Sheriff’s Office, the Tourist Development Department and Parks Advisory Committee. Mr. Hofstad presented slides of the articles left on the beaches overnight. Mr. Amunds opened the floor for public comment but no one came forward to speak. December 18, 2012 -8- Minute Book 68, Page Okaloosa County Board of County Commissioners Mr. Parisot stated he has concerns about the impact of the changes on the lodging industry and had asked Dan O’Byrne (Tourist Development Director) to meet with the condominium and hotel operators to determine their positions. Mr. O’Byrne said they did not see any real impact to their operations with the provisions of the draft ordinance. Mr. Parisot felt education to be a key factor, saying the lodging industry should advise their guests of the regulations and signage should be posted on the beaches. He also noted that Bay and Walton Counties adopted similar regulations and their problems were resolved within a few weeks. Mr. Harris agreed that letting our visitors know the rules is important. He asked what is to be done with the items left on the beach. Mr. Hofstad replied they currently have a central location on the beach to deposit them. He reported vendors have expressed concern they cannot have access to the beaches before 8 a.m. Mr. Hofstad said if the turtle patrol has made its rounds, they will allow the vendors access before 8 o’clock. With regard to the items left on the beach, Mr. Hofstad stated they will collect them but they do not have the room to store the items for a long period of time. Mr. Harris saw a problem with establishing a time, then allowing someone to go in ahead of schedule. He said that regulation should be refined. Mr. Parisot stated consideration could be given to using Tourist Development dollars to hire someone to enforce this provision. Mr. Amunds pointed out the Board has traditionally sought voluntary compliance. He suggested “tagging” the items and let the owner know it cannot be left on the beach. Mr. Harris remarked that would be labor intensive and said education is the key ingredient in making it work. Mr. Hofstad commented that he believes enforcement will be a challenge. Mr. Windes stated compliance will not happen overnight and asked if there could be a grace period before disposing of someone’s articles. He suggested a grace period of 60 days and having two or three staging areas for collection of items. Mr. Hofstad commented that is what they are looking at but do not want it to be an aesthetic eyesore either. Mr. Amunds asked Mr. Hofstad to bring back procedures on how this should be handled. Upon inquiry, Mr. Dowd stated the ordinance will become effective upon receipt of the ordinance by the Secretary of State. (Certified copies of all ordinances are sent by December 18, 2012 -9- Minute Book 68, Page Okaloosa County Board of County Commissioners certified mail within ten days of adoption to the Secretary of State, State Library and Archives of Florida.) Mr. Curry noted there could be no better time to adopt the revisions, saying education will be on the front end and word will spread. He said signage will be erected in advance to notify beachgoers of the regulations before anyone’s property is removed. Mr. Boyles felt the draft ordinance was not tailored narrowly enough and said he cannot support it. He stated that he has a problem with the prohibition of swimming more than 100 yards from shore and asked how that can be enforced, noting that is another reason for him not to support the proposal. Mr. Dowd stated that restriction was requested by the lifeguards. He also advised it could not be enforced without having buoys to mark the distance. Mr. Amunds asked why put the restriction in if it cannot be enforced. Mr. Boyles commented this is not a swimming pool. When Mr. Amunds asked the impact of taking this provision out of the draft ordinance, Mr. Dowd said it would be okay if the Board wants to delete it. Mr. Hofstad stated Okaloosa County will not be the first to launch out with some of these revisions. He said there are four other counties that make regulations on beach obstructions. Mr. Amunds commented it is not up to the Board to regulate how far out someone wants to swim. Mr. Boyles advised that even if that item is separated from the ordinance, he will still vote against it. He referred to the issue of setting up beach chairs and said it should be narrowed down from perhaps midnight to 4 a.m. Mr. Boyles questioned why an early bird should be prohibited from setting up his spot on the beach. Mr. Parisot responded that beach cleaning does not begin until about 6 a.m. and the “turtle guy” must clear the area before the beach cleaning can be started. He said it is not an issue of someone setting up a chair but leaving items unattended. Mr. Boyles said the death knell for any regulation is failure to enforce it. He reiterated the proposed ordinance is too broad and should be tailored. Mr. Harris termed the draft document cumbersome and unenforceable. He said the way it is written, if staff allows someone on the beach before 8 a.m., they have violated the December 18, 2012 -10- Minute Book 68, Page Okaloosa County Board of County Commissioners ordinance. Mr. Harris agreed the revisions are too broad and said hiring someone using tourist development dollars for enforcement is just another level of bureaucracy. Mr. Windes made motion, seconded by Mr. Boyles, to narrow the scope of the draft ordinance. Mr. Amunds asked if the desire is to table this public hearing. Mr. Dowd noted the hearing should be tabled for time certain. Mr. Windes added to his motion to table this hearing until January 22 at 9 a.m. in Fort Walton Beach. 5 yeas. TOURIST DEVELOPMENT – RFP