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

three years the county’s negotiating position could be stronger. He stated that extending the contract out for five more years is too far. Mr. Windes did not believe the county is in a crisis situation. Mr. Windes made motion, seconded by Mr. Harris, to defer this issue until the contract expires in 2016. Mr. Boyles urged his fellow commissioners for this not to become a “squeaky wheel” issue and not to let a small vocal minority overshadow the statistical data that cannot be ignored. Mr. Amunds stated many citizens are not ready to give up the twice a week pickup. He said if Waste Management wants to come back with another proposal in a few months, the Board will listen to it. Discussion continued. Mr. Windes restated his motion is to defer any action until the contract expires but will not object to any other proposal by Waste Management in the interim. Mr. Harris confirmed his second. Mr. Hofstad asked if this Board action will cancel the 1+1+1 pilot program and return it to the 2+1+1. Mr. Windes added this provision to his motion and Mr. Harris again confirmed his second. 3 yeas, 2 nays. (Mr. Boyles and Mr. Parisot voted no.) WATER & SEWER SYSTEM – EPA NUMERIC NUTRIENT CRITERIA STATUS UPDATE Mr. Jeff Littrell, Water & Sewer System, stated in response to a request from one of the commissioners, he would like to provide an informational report on the status of the Environmental Protection Agency’s (EPA) Numeric Nutrient Criteria (NNC). He briefly reviewed the EPA’s draft NNC rules proposed in 2009. These rules raised a storm of opposition among both public and private entities subject to the new rules. Mr. Littrell December 18, 2012 -16- Minute Book 68, Page Okaloosa County Board of County Commissioners reported that the Florida Attorney General and the Florida Secretary of Agriculture initiated legal action against EPA. In December 2010, the Okaloosa County Water & Sewer System joined four other Panhandle utilities in a suit against EPA. Those challenges were successful. During the litigation, the Florida Department of Environmental Protection (FDEP) proposed its own set of NNC rules which were adopted by the Florida Legislature. On November 12, 2012, EPA issued a statement saying it would accept the FDEP Numeric Nutrient rules. The FDEP rules do not cover all waters and EPA has proposed two new federal nutrient rules dealing with allowable numeric limits in estuaries and coastal waters and one stream in South Florida and any waters not covered by the FDEP rules. Mr. Littrell pointed out there are environmental advocacy groups threatening to take the issues back to court and we must remain vigilant. Upon inquiry by Mr. Harris, Mr. Littrell stated that if the EPA had won the lawsuit and the NNC rules implemented, it would have cost $250 Million to retrofit the Arbennie Pritchett WRF. WATER & SEWER SYSTEM – EMERGENCY CONTRACT WITH CROOK CREEK FARMS FOR TRANSPORTATION AND REMOVAL OF BIOSOLIDS Mr. Parisot made motion, seconded by Mr. Harris, to approve the agenda request to execute a contract with Crook Creek Farms for the transportation and removal of biosolids from the Arbennie Pritchett WRF contingent upon successful completion of county contract review and execution by Crook Creek Farms. Mr. Boyles stated there is currently a contractor in place to provide these services and hopes to have his permit before January 1. He said it is his understanding the contract with Crook Creek Farms (CCF) is a back-up contract. Mr. Boyles expressed his concerns in using this company and referred to allegations CCF had dumped untreated materials or not properly treated materials on the ground. He said he is not convinced this company understands the impact on the community of noncompliance with regulations and stated he cannot support a contract with the company even if it is in a back-up capacity. Mr. Parisot said he recalls that the incident reported in the Baker Community was not solid waste from Okaloosa County. Mr. Littrell stated the waste materials did not come from Okaloosa County. Mr. Amunds commented the bottom line is that it December 18, 2012 -17- Minute Book 68, Page Okaloosa County Board of County Commissioners happened. Mr. Harris said Senator Greg Evers told him there were no facts to substantiate that report. Mr. Littrell pointed out Okaloosa County has been hauling its biosolids for years and OCWS has made it clear none is to be taken to the Thompson site. The vote was taken on the motion to approve the contract—3 yeas, 2 nays. (Mr. Boyles and Mr. Windes voted no.) GROWTH MANAGEMENT – APPROVAL OF GULF COAST MARINE LIFE CENTER SITE PLANS Mr. Elliot Kampert, Growth Management Director, presented for consideration the plans for the Gulf Coast Marine Life Center, a proposed 102,500-square foot fish hatchery and research facility as submitted by Henderson Engineering & Consulting on behalf of the lessee, AquaGreen, Inc. The lease contains 4.57 acres and is located east of the Emerald Coast Convention Center on Okaloosa Island. Mr. Harris made motion, seconded by Kelly Windes, to approve the site development plans as presented. 5 yeas. GROWTH MANAGEMENT – APPROVAL OF WILD WILLY’S ADVENTURE PARK SITE PLANS AND VARIANCE Mr. Kampert presented for consideration the plans for Wild Willy’s Adventure Park, a proposed 3,900-square foot restaurant, zip line, frozen yogurt kiosk and mini golf course as submitted by Henderson Engineering & Consulting on behalf of lessee, Dominion Capital LLC. The plans include a request for variance from the minimum 50-foot front setback requirement as specified in the Okaloosa Island Covenants & Restrictions to 25 feet for a proposed zip line structure. The lease area contains 2.83 acres and is located east of the Emerald Coast Convention Center on Okaloosa Island. Mr. Harris made motion, seconded by Mr. Parisot, to approve the site development plans and variance. 5 yeas. OLD BUSINESS – COMMISSIONER PARISOT’S APPLICATION FOR GULF COAST CONSORTIUM EXECUTIVE COMMITTEE At the November 28 meeting of the Gulf Consortium, the Directors in attendance unanimously approved the criteria for selection of the first year Executive Committee. This criteria also included self-nomination with approval of the director’s candidacy by the respective Board of County Commissioners. Mr. Parisot requested December 18, 2012 -18- Minute Book 68, Page Okaloosa County Board of County Commissioners Board consideration of his request to submit an application for a position on the Gulf Consortium Executive Committee. Mr. Harris made motion, seconded by Mr. Windes, to support Mr. Parisot’s application to serve on the Executive Committee for the Gulf Consortium. Upon inquiry by Mr. Boyles, Mr. Parisot said his application is for any or all positions on the committee. Mr. Boyles stated he could understand applying for one or maybe two positions but asked if applying for all positions could be found as overreaching. Mr. Parisot replied that Doug Darling with the Florida Association of Counties told him other directors are doing the same thing. 5 yeas. OLD BUSINESS – UPDATE ON RESTORE ACT FUNDING FORMULA, 8-COUNTY RESOLUTION Mr. Parisot explained the original funding formula for the eight counties disproportionately affected was removed by Congressman Southerland during the House/Senate conference. Although there was a formula for the 15 counties in the consortium, there was not one for the eight Panhandle counties. At the December 7, 2012 meeting of the Gulf Consortium Directors, the directors voted unanimously to revise the formula. Four of the counties will have a slight decrease in the formula percentage and four will have an increase. The four with the decrease are Escambia, Okaloosa, Bay, and Walton Counties. Mr. Parisot stated Congressman Southerland had a representative at that meeting and he is satisfied with the new formula. Acceptance of the new formula will require another eight-county joint resolution. Mr. Boyles made motion, seconded by Mr. Harris, to approve the resolution outlining the new distribution formula. 5 yeas. RESOLUTION NO. 12-208 OLD BUSINESS – GULF COAST ECOSYSTEM RESTORATION COUNCIL MEETING Mr. Parisot submitted a report of his attendance at the Gulf Coast Ecosystems Restoration Council (GCERC) meeting held on December 11 at the Renaissance Mobile Riverview Plaza Hotel in Mobile, Alabama. The account provided details on the individuals in attendance and their remarks. He noted that GCERC Chairman Rebecca Blank, acting Secretary of the U.S. Department of Commerce, stated President Obama wants the plan to come from the Gulf Coast and not Washington, D.C. December 18, 2012 -19- Minute Book 68, Page Okaloosa County Board of County Commissioners OLD BUSINESS – CRESTVIEW COURTHOUSE TASK FORCE UPDATE Mr. Boyles stated some time ago the Crestview Courthouse Task Force was established and suggested the topic be brought back before the Board. He recommended staff be allowed to update the names of representatives on this task force and return the list to the Board for consideration at the next meeting. Mr. Curry said the Board officially empaneled the committee about two years ago. He stated staff will come back with the names of representatives to serve. Mr. Harris commented he would be honored to serve on that committee. NEW BUSINESS – SCHEDULING OF VARIOUS WORKSHOPS FOR JANUARY THROUGH JUNE 2013 Mr. Curry stated the Board previously approved the meeting and workshop schedule for January through March 2013 and the schedule for April through June will be presented in the near future. He recommended discussion at the Board level on the possible setting of a RESTORE Act Workshop in January or February, as well as any consideration for scheduling a Strategic Planning Workshop. Mr. Amunds recommended that any workshop have a synopsis of what should be accomplished. Mr. Parisot advised that he would like to have a RESTORE Act workshop in January, noting there are questions about a county committee that should be addressed. A brief discussion ensued. It was the consensus of the Board to schedule a RESTORE Act Workshop on January 15 at 6:00 p.m. in Fort Walton Beach. ADJOURNMENT There being no further business to come before the Board, the meeting was adjourned at 9:03 p.m. _____________________________ _______________________________ DON W. HOWARD DON R. AMUNDS, CHAIRMAN CLERK OF CIRCUIT COURT BOARD OF COUNTY COMMISSIONERS (These minutes were transcribed by Teresa Ward.) December 18, 2012 -20- Minute Book 68, Page Okaloosa County Board of County Commissioners