Okaloosa County BOCC — November 4, 2012 — Minutes

November 6, 2012 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 Crestview Courthouse. Members present were Don R. Amunds, Chairman; Dave Parisot, Vice Chairman; Wayne Harris; Bill Roberts; and Kelly Windes. Also present were Gary J. Stanford, Finance Officer, Clerk’s Office; John Dowd, County Attorney; and Jim Curry, County Administrator. PRESENTATION TO COMMISSIONER BILL ROBERTS Mr. Amunds requested Mr. Roberts join him in front of the dais. Mr. Amunds thanked Mr. Roberts for his service on the Board of County Commissioners and presented him with a plaque of appreciation. Mr. Roberts thanked the citizens for giving him an opportunity to serve Okaloosa County for ten years. He said it has been an honor and a humbling experience. Mr. Roberts shared two wishes. The first is that he wishes he weighed the same thing he did in 2002. The second, he wishes the best for the county. Mr. Roberts was given a standing ovation. PUBLIC INFORMATION OFFICER UPDATES Mrs. Kathy Newby, Public Information Officer, opened her comments with a promotion for the Okaloosa Today program which airs on Cox Channel 6. Mr. Amunds will be Mrs. Newby’s guest on the program and discussion topics will include the new Veterans Park on Okaloosa Island and updates on the Gulf Coast Marine Life Center, Wild Willy’s Adventure Island, and Emerald Coast Wildlife Refuge. Other highlights: e At the Hurlburt Field Open House, Colonel Slife, First Special Operations Wing, presented Commissioner Amunds with an appreciation plaque. Mr. Amunds in return presented Colonel Slife with a proclamation declaring October 27, 2012 as Team Hurlburt Day in Okaloosa County. e The ribbon cutting ceremony for the new University of Florida Okaloosa County Extension Office was held on Monday. The building will be dedicated to retired Extension Director Gerald Edmondson. e Mrs. Newby thanked the Okaloosa Island Condo Alliance for its community service on its dune restoration project. November 6, 2012 -l1- Minute Book 68, Page 30 Okaloosa County Board of County Commissioners e Airports Director Greg Donovan will be the featured speaker today at the 34 Annual Consultants Council being held in Bonita Springs, Florida. e Groundbreaking for Veterans Park on Okaloosa Island will be this Friday. Moment in history - In 1826 the Florida Territorial Paper documented the area's first voting precinct for an election held at Barrow’s Ferry (south of Almarante). COUNTY ADMINISTRATOR'S UPDATE Mr. Curry welcomed Kelly Windes and Nathan Boyles, noting they will both be sworn in at the next meeting. Mr. Curry said in a prior meeting Tourist Development Director Dan O’Byrne brought forward payments for the advertising agencies. The task order covering July and August for the Zimmerman Agency was presented to the Board for payment on October 2. (The motion to approve payment included a stipulation to withhold payment until all documents) are submitted and the website proprietary issues are cleared up.) Mr. Curry pointed out the contract with Zimmerman was terminated in September and there will be one more task order to be submitted for payment for the month of September. Mr. Curry stated staff has been working with the Zimmerman Agency to obtain documents and resolve issues but advised “We are at a stopping point and they want payment.” He said a letter from Attorney Robert N. Clarke was sent via email to Mr. O'Byrne demanding immediate payment of outstanding invoices. Continuing, Mr. Curry requested authorization for staff to work with Zimmerman and their attorneys and release payment as necessary. He again said the September task order has not yet been brought to the Board. Upon inquiry by Mr. Amunds, Mr. O'Byrne said the September invoice total 1s $65,247. Mr. Harris asked if the county has received all of its property and necessary documents. Mr. O’Byrne replied in the negative, adding that is where there the road kiock ‘Ls Mr. Harris responded, “If they want something, they must return what is ours.” Mr. O’Bryne requested flexibility, pointing out Zimmerman has not yet been paid for September and is demanding payment for July and August. November 6, 2012 -2- Minute Book 68, Page 31 Okaloosa County Board of County Commissioners Mr. Parisot stated Zimmerman has had more than a month to comply with the stipulation. He said pursuant to contract, the agency was given a 90-day notification of termination of contract. Mr. Parisot said he would agree to give them half of the July and August task order sum but not the full amount. He added this shrinks the size of the hammer the county is holding over them. Upon inguiry by Mr. Roberts, Mr. Curry said staff is requesting flexibility in releasing the payment for July and August. Mr. Roberts made motion to grant staff flexibility in making payment to Zimmerman for the July/August task order. Mr. Windes asked Mr. O'Byrne if he feels the $65,247 invoice for September will be sufficient leverage and Mr. O’Byrne replied in the affirmative. Mr. Windes seconded Mr. Roberts’ motion. Mr. Roberts commented, “They give, we give.” 3 yeas, 2 nays. (Mr. Parisot and Mr. Harris voted no.) Commissioner's Minute Mr. Amunds stated this is a new addition to the agenda. It gives commissioners an opportunity to bring an issue before the Board. If discussion on the topic becomes too lengthy, it will come back under Old Business. Mr. Harris - Nothing to bring forward. Mr. Windes - Stated he would like to thank the 85 Gulf Power employees who traveled to the New York/New Jersey area to assist after Hurricane Sandy made landfall. Mr. Parisot - Stated the first meeting of the RESTORE Consortium was held on October 21. He reported 21 of the 23 counties joined this consortium. The group was notified by Florida Association of Counties (FAC) President Chris Holley that Governor Scott wants to appoint the chairman of the consortium and seven members. Mr. Parisot said the group has reservations about this possibility and two members of the Consortium were selected to sit down and discuss the issue with the Governor. The next consortium meeting will be held the last week of November. Mr. Roberts - Nothing to bring forward. VISITOR - KAY RASMUSSEN WITIH EDC, REQUEST APPROVAL OF MOW Wity ENTERPRISE FLORIDA AND EDC Ms. Kay Rasmussen, Economic Development Council (EDC), made a short presentation on how the proposed Memorandum of Understanding (MOU) among the EDC, Enterprise Florida, and the County will leverage the strengths of the three entities to November 6, 2012 -3- Minute Book 68, Page 32 Okaloosa County Board of County Commissioners bring targeted industries to the area. Ms. Rasmussen’s handout identified Qualified Targeted Industries for Incentives and provided a graph showing potential earnings for workers. Mr. Parisot made motion, seconded by Mr. Harris, to approve the MOU. 5 yeas. VISITORS - LINDA PARKER AND ANN SPANN, HISTORIC PRESERVATION GROUP AND PROPOSED PROJECT FOR HISTORICAL DISPLAYS IN CRESTVIEW COURTHOUSE Ms. Ann Spann, Historic Preservation Group, gave a brief history of the group (which was formed in 2000) and listed some of their accomplishments. She noted that Mrs. Parker is seated in the audience. Ms. Spann requested permission for the Group to display historical photographs on the second floor of the County Courthouse in Crestview. She outlined their preliminary work on this project, including discussions with the # Facilities Maintenance Director. Ms. Spann stated all the photographs, documents and maps will be digitally reproduced and professionally framed. Use of the reproduced documents will eliminate any insurance issues. She said the Group is only asking that the Facilities Maintenance staff be in charge of placement. Mr. Curry noted this will be modeled after the project at the Annex Extension Facility where Okaloosa Public Arts provides art pieces for the building. He advised staff will work with them on placement of the pieces if the Board has no objections. Mr. Amunds asked if the display will be representative of the entire county. Ms. Spann replied they want to represent the entire county and will have display items of the area before Okaloosa County was created. The commissioners agreed it is a worthwhile project. Upon inquiry by Mr. Amunds, Mr. Curry confirmed he has good direction from the Board. CONSENT AGENDA APPROVAL Mr. Harris made motion, seconded by Mr. Roberts, to approve the Consent Agenda. 1. October 2, 2012 Regular Meeting Minutes 2. Airports: Assignment of hangar lease from R & S Holdings, Inc. (Tom Richardson) to Machinery Sales Company (Richard Meadows) for Block 8 Lot 9 at the DesStin Airport November 6, 2012 -4- Minute Book 68, Page 33 Okaloosa County Board of County Commissioners Judicial: Fmerald Coast Children’s Advocacy Center—Final payment to Office of State Attorney in the amount of $1,250 for part-time Victim’s Advocate position Ratification of Chairman’s signature for proclamation designating October 27, 2012 as Team Hurlburt Day Budget Resolutions and Budget Transfers: e Resolution amending FY 2012 Budget, General Fund (U.S. Department of Justice grant, bulletproof vest partnership program) RESOLUTION NO. 12-153 (BA #152) e Resolution amending FY 2012 Budget, County Transportation Trust Fund (FDOT traffic signal maintenance grant) RESOLUTION NO. 12-154 (BA #153) e Resolution amending FY 2012 Budget, Tourist Development Fund (tourist development tax revenues) RESOLUTION NO. 12-155 (BA #154) e Resolution amending FY 2012 Budget, Prisoner Benefit Fund (inmate calling card revenue) RESOLUTION NO. 12-156 (BA #155) e Resolution amending FY 2012 Budget, Solid Waste Enterprise Fund (landfill operating fees and recycling fees) RESOLUTION NO. 12-157 (BA #156) e Resolution amending FY 2012 #£4z2Budget, Inspections Enterprise Fund (various revenues) RESOLUTION NO. 12-158 (BA #157) e Resolution amending FY 2012 Budget, EMS Enterprise Fund (ambulance fees) RESOLUTION NO. 12-159 (BA #158) e Resolution amending FY 2012 Budget, Convention Center Enterprise Fund (tourist development tax) RESOLUTION NO. 12-160 (BA #159) e Resolution amending FY 2012 Budget, Garage Services Fund (fuel stores services) RESOLUTION NO. 12-161 (BA #160) e Resolution amending FY 2013 Budget, Gerieral Fund (U.S. Department of Justice grant, criminal alien assistance program) RESOLUTION NO. 12-162 (BA #9) November 6, 2012 ~5- Minute Book 68, Page 34 Okaloosa County Board of County Commissioners e Resolution amending FY 2013 Budget, General Fund (Florida Department of State, outreach services grant to North Okaloosa County) RESOLUTION NO. 12-163 (BA #10) e Resolution amending FY 2013 Budget, Tourist Development Fund (West Destin Beach Restoration note proceeds) RESOLUTION NO. 12-164 (BA #11) e Resolution amending FY 2013 Budget, Debt Service Fund (budget transfer from Tourist Development Fund for West Destin Beach Restoration note) RESOLUTION NO. 12-165 (BA #12) e Budget Transfer: General Fund; provide local match for U.S. Department of Justice grant for bulletproof vest partnership program; BT-12-46 e Budget Transfer: Airport Enterprise Fund; funding for resurfacing ramp space at Bob Sikes Airport changed from Department of Economic Opportunity to FDOT; BT- 12-47 e Budget Transfer: General Fund; provide 1/3 match for Florida Department of State, Library Stop Grant; BT- 13-03 e Budget Transfer: Capital Outlay Construction Fund; contract with Lord & Son for Phase I of Shalimar Annex renovation project; BT-13-04 e Budget Transfer: Tourist Development Fund; debt service payment for West Destin Beach Restoration note in FY 2013; BT-13-05 e Budget Transfer: General Fund; Crestview Courthouse cardkey system; BT-13-06 6. Tourist Development: Approval of TDC sponsorship for potential 2013 Florida State HOG Rally 7. Purchasing: Recommendation to award bid for janitorial services for Health Department to Executive Cleaning, Inc. as low bidder meeting specifications with a bid of $3,752.26 annually 8. Facilities Maintenance: Interlocal Fueling Agreement between Okaloosa County and the City of Cirestview 9. Public Works: Pavement preservation/cold mix rehabilitation update and changes 4 yeas, 1 abstained on Item #1 (Mr. Windes abstained). 5 yeas on Items 2 through 9. November 6, 2012 -6- Minute Book 68, Page 35 Okaloosa County Board of County Commissioners FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS | | LAST NAME—FIRST NAME—MIDOLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Windes, Kelly Okaloosa County Board of County Commissioner MAILING ADORESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH | SERVE IS A UNIT OF: P O Box 632 aay SOUNTY Q CITY $0 COUNTY Q OTHER LOCAL AGENCY pest oka NAME OF POLITICAL SUBDIVISION: estin | aloosa DATE ON WHICH VOTE OCCURRED ay RESTON. Okaloosa County November 6, 2012 fa ELECTIVE Q APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. _ Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also ts prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she Is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative: or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a “relative” includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A “business associate” means any person or entity engaged in or Carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). * * * * * * id * * * * * aa a * x ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. . a * * * * * * * “* * * * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: « You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) | CE FORM 8B - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) « Acopy of the form must be provided immediately to the other members of the agency. ¢ The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: « You must disclose orally the nature of your conflict in the measure before participating. ¢ You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST ¢ l, Le , hereby disclose that on Gl G | 20 1 & (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, — inured to the special gain or loss of i , by whom | am retained; or inured to the special gain or loss of , which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: } wht NT IN ¢ CbsiTeN To Hypteove minute OYA meennc THY / wits WAT (Nvaveo (M ML fie Date File Sigmature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2 SHERIFF'S OFFICE - LAW ENFORCEMENT TRUST FUND DISBURSEMENTS Major J. OD. Peacock requested approval of the following disbursements from the Law Enforcement Trust Fund (LETF) : e Crime Prevention: Crime Prevention Promotion Display at USO Golf For Heroes, $500; Crime Prevention Presentation, Students with a Purpose, $300 e Donations: Crime Prevention Partnership, NAACP 2012 Freedom Fund, $500 He stated Mr. Parisot has some guestions about the expenditures. Major Peacock explained that the Crime Prevention disbursement is a venue for Crime Prevention Specialists to distribute materials and speak with citizens about crime prevention, safe neighborhood programs, and drug abuse. The money to USO will probably be spent for programs for returning soldiers. The “Meet the Greeks” with the Students with a Purpose Program allows officers to speak with high school students and help them prepare for going away to college. Major Peacock said the third item is a direct donation to the organization; it is a partnership which supports the missions of both the NAACP and the Sheriff’s Office. The organization is expected to use the funds for one of the purposes specified in the statutes and to provide a report of how those funds were used. He said the statutes require the organization to provide an accounting report similar to that of organizations receiving donations from the county. Major Peacock stated he believes there is also an IRS form to be completed. Mr. Amunds said fulfilling these reporting requirements could be made a condition of the applications. Mr. Parisot referred to an agreement on September 18 between the Board and the Sheriff's Office requiring an after-action report within 60 days of receiving the donation. He said a copy of that report is to be sent to the Finance Office. Mr. Parisot questioned Major Peacock’s comment that they would provide reports similar to that of organizations to which the county contributes. He remarked that he is not going to give the Sheriff’s Office something more for it to investigate. Major Peacock disagreed with Mr. Parisot saying he does not remember the conversation as Mr. Parisot does. Mr. Harris said the requirements are spelled out in statutes for the donations, such as the one to NAACP. However, he does have November 6, 2012 -7- Minute Book 68, Page 36 Okaloosa County Board of County Commissioners questions about the Crime Prevention contributions, saying the organization could use the money to purchase a chair for their office. Mr. Dowd explained these contributions are to cover the cost of the event during which the Sheriff's Office provides crime prevention materials and other information. Major Peacock agreed with Mr. Dowd’s explanation. He added that Sheriff Ashley makes certain the organization is community based and non-profit. Mr. Harris stated that renting a booth is different than a donation. Mr. Windes asked Mr. Dowd if the Board is on solid ground with these contributions. Mr. Dowd replied in the affirmative, Saying Major Peacock is telling how the funds are going to be used. He advised the Board has the discretion. Mr. Parisot began reading from the Florida Statutes. He said he believes the applications for LETF monies needs revision before the Board approves funding. Mr. Harris stated the Sheriff’s Office is putting the word out regarding crime prevention and drug abuse prevention. He said it iS a venue and it is acceptable as long as it meets the letter of the law. Mr. Dowd concurred, again saying it is at the Board’s discretion. He referred to the Statutes Mr. Parisot read and said LETF disbursements require an application and a Gescription of how the funds are to be used, adding Major Peacock is telling us that. Mr. Roberts said this is about the third time we have talked this issue. He felt Major Peacock has provided the explanation and he believes the Board has the discretion to approve the disbursements. Mr. Roberts made motion, seconded by Mr. Harris to approve the FDLE disbursements as presented. Major Peacock stated the Sheriff is responsible for verifying that it would be a legal expenditure and the Board provides the oversight. He added that there is no oversight above the BCC. 5 yeas. PUBLIC HEARING - AMENDING CHAPTERS 1A AND 2, LAND DEVELOPMENT CODE (6:30 P.M.) Mr. Stanford read the advertised legal notice for a public hearing to consider changes to the Land Development Code (LDC) submitted by the Growth Management Department, amending Chapter 1A Code Administration and Chapter 2 Zoning Regulations. This is the first of two hearings. The second hearing is set for November 20, 2012 at 9:00 a.m. in Fort Walton Beach. November 6, 2012 -~8- Minute Book 68, Page 37 Okaloosa County Board of County Commissioners Mr. Elliot Kampert, Growth Management Director, provided the following staff findings: e Section 1A.02.11 “Permits from Other Agencies.” A change to this section is necessary in order to make the LDC consistent with current state law. During the 2012 session, the Legislature enacted House Bill 503 which amended Section 125.022, Florida Statutes. This provision prohibits counties from requiring permit approvals from other agencies as a prerequisite to issuing development orders or permits. Currently, the LDC requires permit approvals from other agencies before a development order can be approved. e The County substantially revised Chapter 2 “Zoning Regulations” in May 2010. These revisions identified permitted uses in commercial and industrial zoning districts according to the North American Industry Classification Systems (NAICS) codes. This was done to provide a more descriptive and inclusive list of permitted uses based on the types of businesses identified in the NAICS by the U.S. Census Bureau. The NAICS is the more comprehensive and authoritative list of officially recognized businesses in the county and it is updated every five years as part of the Economic Census. The most recent update is for 2012. As a result, staff took this opportunity to re-evaluate NAICS codes in relation to those currently listed in Chapter 2. The proposed changes are: o references to NAICS 2002 have been changed to NAICS 2012 oOo Section 2.08.00 Business Office (C-1) district has been changed: Code 54, add “except 541940 Veterinary Services with outside kennels or outside boarding of animals;” Code 5611 through 5615 Administrative Support Services, delete Code 5616 Investigative and Security Services including armored cars and security services; Code 6211 through 6213 Health Care and Social Assistance, delete Codes 6214 through 6216 including outpatient care centers, medical labs, and home health care services; Delete Code 928110 National Security including military bases and training camps o Section 2.10.00 General Commercial (C-3) district: Add Code 23 Construction; Code 48-49 Transportation, add warehousing, Air Transportation add 4831 Deep Sea, coastal and Great Lakes Water Transportation, add 4881 Support activities for Air Transportation, add 4882 Support activities for rail transportation, add 4883 November 6, 2012 -9- Minute Book 68, Page 38 Okaloosa County Board of County Commissioners Support activities for water transportation, and add 4879990 scenic and sightseeing, other. Code 53, add “except 532411 commercial air, rail and water transportation equipment rental and leasing.” Code 56, add “and Waste Management and Remediation services except 5622 Waste Treatment and Disposal.” Code 71, add “except 7132 gambling industries (any gaming and gambling prohibited by law) and 713990 (nudist camps and outdoor shooting activities involving firearms such as firing ranges, trap shoot skeet shoot only). Code 92, add “except 922140 Correctional institutions (state or federal). Oo 2.10.7 Performance Criteria: 1(b) Noise, delete “not exceed 55 dbA outside any enclosed structure or building” and add “be as specified in Sections 9.01.00 and 9.02.00 Oo Section 2.12.00 Industrial (I-1): Delete 2(a), 2(b), and 2(c); Delete Codes 5611, 5612 Administrative and facilities support services and add Code 6115 Technical and Trade Schools, add Code 8113 Commercial and Industrial Machinery and Equipment Repair and Maintenance, add Code 92 Public Administration, add to 11 “and only when used to provide workforce housing accessory to or in conjunction with a permitted industrial use.” o Section 2.13.00 Airport Industrial Park (I-2): add 12 Aerial scenic and sightseeing such as cable cars, gliders, helicopter rides and hot air balloon rides. No public comment or opposition was received prior to submission for the agenda and the Planning Commission voted unanimously at its October 11, 2012 meeting to recommend approval of these changes. Mr. Harris referred to the change in permits and said he realizes we have no choice but that provision could cost the applicant a lot of money. Upon inguiry by Mr. Amunds, Mr. Kampert stated the Building Industry Association (BIA) shared the same concern. Mr. Parisot asked how the change involving veterinarian services will affect the Emerald Coast Wildlife Refuge. Mr. Kampert replied it will not affect them. Mr. Dowd explained the Restrictive Covenants of Okaloosa Island cover that facility. Mr. David Powell, attorney with Ward & Ketchersid, representing Timberview Helicopter and Destin Helicopter, stated this is a very emotional item for his clients. He said they began their November 6, 2012 -10- Minute Book 68, Page 39 Okaloosa County Board of County Commissioners Operations out of Destin Commons and had no problems until a new Sightseeing company sought approval to begin operations. Mr. Powell stated lobbying by residents and Destin city officials followed to shut down their operation and move it to Destin Alrport. He pointed out the county issued a moratorium on these type businesses. However, the competing operation was given authorization to file for a development order which was granted. Mr. Powell said the other company is now grandfathered in and the proposed changes to the LDC will not affect them but his clients will be forced out of business because they will not be able to operate from the airport. He stated it is not government’s purpose to pick winners and losers. Mr. Powell encouraged the Board to look at other ways of controlling this type operation rather than prohibiting them. Alternately, Mr. Powell suggested his clients be allowed to file for a development order because they were not given an opportunity to do so prior to the execution of the moratorium. Mr. Amunds asked Mr. Powell to list his concerns ina brief in order for staff to review them. Mr. Harris noted there will be no decision tonight but he is inclined to agree Mr. Powell’s clients should also be grandfathered in. Mr. Parisot advised there were complaints about the helicopter operation at Destin Commons before the competitor sought a development order. PUBLIC HEARING ~- AMENDING CHAPTER 9 OF LAND DEVELOPMENT CODE, ABANDONED VEHICLES, BOATS AND/OR TRAILERS (6:30 P.M.) Mr. Stanford read the advertised legal notice for public hearing to consider changes to the LDC as submitted by the Growth Management Department. These changes are to revise Chapter 9 Operational Performance Standards regarding the definition of an abandoned vehicle, boat or trailer. This is the first of two hearings on this subject. The second hearing is set for November 20, 2012 at 9:00 a.m. in Fort Walton Beach. Mr. Kampert provided the following background and staff commentary: e Under the definition of an abandoned vehicle provided in Section 9.03.01.1, vehicles on car dealer lots, repair yards and other accepted and otherwise legal areas, would be considered abandoned. The proposed change corrects this oversight by recognizing various uses at which unlicensed vehicles may be kept. November 6, 2012 -11- Minute Book 68, Page 40 Okaloosa County Board of County Commissioners e Section 9.03.12.2 does not allow the common practice of leaving vehicles with relatives or friends while away (e.g. Service men and women leaving vehicles with relatives while deployed or students leaving a car with parents while at school) unless the vehicle has a current tag or in a garage Or carport if not being used. Also, a vehicle without a current tag cannot be kept behind an opaque privacy fence even if it is in perfect running order. The amendment clarifies the conditions under which vehicles without tags may be kept on properties without creating a nuisance. e As the subject matter deals with storage of vehicles and does not provide standards for the development of property, it is not clear why it was included in the LDC. The subject matter would be more appropriately located under “Traffic and Motor Vehicles.” Staff recommended including the subject in a new Article III of Chapter 21 of the “County Code.” It would follow Article II on stopping, standing and parking. e Inclusion of abandoned vehicles within the LDC has created confusion as to enforcement authority. Under the proposed new article, the responsibility would clearly rest with the Sheriff’s office. No one from the public came forward to speak. Mr. Kampert requested the Board approve the proposed change of language regarding enforcement responsibilities. Mr. Harris made motion, seconded by Mr. Parisot, to approve the department head’s request. 5 yeas. AIRPORTS - RESOLUTION SUPPORTING LOAN REFINANCING FOR VARIOUS AIRPORT CAPITAL PROJECTS Mr. Jon Morris, Airports, requested the Board approve a resolution authorizing participation in the Commercial Paper Loan Program of the Florida Local Government Finance Commission to refinance an existing $2 Million loan. These funds are used to provide necessary matches to FAA and FDOT grants for new Capital projects. Upon inquiry, Mr. Morris stated the refinance will provide a lower interest rate. The interest rate will be variable. Mr. Parisot expressed concern because the financial document has many blanks and asked if those numbers will be supplied before the Chairman is asked to sign it. He said when the document is presented to the Board those blanks should be filled in. Mr. November 6, 2012 -12- Minute Book 68, Page 41 Okaloosa County Board of County Commissioners Morris said they will know the initial rate but that could change. He advised the Airports Department just received the financial documents and they will be reviewed again. Mr. Morris anticipated having the final execution copy by November 16. Closing of the loan is anticipated on December 4. He said the request is only for approval of the resolution. Mr. Amunds asked if they will have numbers 48 hours before closing. Mr. Bill Case answered we should know at closing the initial rate and it will be adjusted monthly. Upon inquiry by Mr. Curry, Mr. Case explained the Local Government Finance Commission offers funds that are similar to capital markets. He said the county has used this program for Airports purposes on a number of occasions. Mr. Case stated this is interim funding until long-term bonds become available. He reiterated this is a short-term loan and there is no prepayment penalty. Mr. Stanford stated this is the same commercial paper loan program we used for the beach restoration program in Walton County. He agreed with Mr. Case that the loan can be paid at any time with no penalty. Upon inguiry by Mr. Windes regarding a ceiling on the rate, Mr. Case replied there is a ceiling and it is based on prime. Mr. Roberts made motion, seconded by Mr. Parisot, to adopt the resolution. 5 yeas. RESOLUTION NO. 12-166 PURCHASING - APPROVAL OF UNIFORM SERVICE CONTRACT WITH ARAMARK Mr. Richard Brannon, Purchasing Director, requested approval of a uniform service contract with Aramark Uniform Services of Lynn Haven, Florida. Aramark submitted the lowest responsive quote on September 28, 2012. Mr. Brannon also requested an extension of the current contract with Unifirst through the end of November 2012 to allow for the transition to Aramark. Mr. Roberts made motion, seconded by Mr. Parisot, to approve the department head"s requests. 5 yeas. November 6, 2012 -13- Minute Book 68, Page 42 Okaloosa County Board of County Commissioners FACILITIES MAINTENANCE - FORMATION OF SHALIMAR ANNEX RENOVATION PROJECT TASK FORCE/ADVISORY COMMITTEE Mr. Don Turner, Facilities Maintenance Director, requested authorization to form a stakeholder steering committee called the Shalimar Annex Renovation Project Task Force. Mr. Amunds said if each Constitutional Officer appoints an alternate, is there a potential for problems with the Sunshine Law. Mr. Dowd replied only one from each Constitutional Office is eligible to sit on that committee at a time. Once those individuals are appointed to the committee they cannot discuss the issues with any other Constitutional Officer. Mr. Dowd said he did not see a problem with the primary and his designee discussing issues. Mr. Amunds asked about the voting process. Mr. Curry said the committee will make recommendations. Mr. Parisot said it is an advisory committee. Mr. Amunds said the committee should be called an advisory committee rather than a task force. Mr. Harris said once the task goes away there is no longer any need for a task force. Mr. Harris made motion, seconded by Mr. Roberts, to approve the committee. 5 yeas. FLEET - AGREEMENT WITH STATE OF FLORIDA AND WRIGHT EXPRESS, FLORIDA FLEET FUEL CARD PROGRAM Mr. John Vaughn, Fleet Maintenance Director, requested authorization to “piggyback” on the State of Florida’s fuel card agreement with Wright Express. The cost to the county will be the same as that paid by the State of Florida. He advised the reason for this recommendation is to obtain more favorable pricing. Mr. Harris made motion, seconded by Mr. Parisot, to approve the agreement. 5 yeas. PUBLIC WORKS - EXTENSION OF MAINTENANCE BOND FOR MOSSY OAKS PLANTATIONS PHASE I Mr. John Hofstad, Public Works Director, stated the developer for Mossy Oaks Plantation Phiase I iS requestting a one-year extension on his maintenance bond (CCB Community Bank Letter of Credit #226). If approved by the Board, the developer will have until November 28, 2012 to present the new letter of credit to staff for formal acceptance at the next regularly scheduled County Commission meeting. Mr. Roberts made motion, seconded by November 6, 2012 -14-~- Minute Book 68, Page 43 Okaloosa County Board of County Commissioners Mr. Harris, to approve a one-year extension with the above noted Stipulation. 5 yeas. PUBLIC WORKS - APPROVAL OF PARKS ADVISORY COMMITTEE MEMBERS Mr. Hofstad submitted for consideration the names of candidates for appointment to the Parks Advisory Committee. The list includes the re-appointment of Preston Lee Bass for District III and the appointments of Gloria Turner, District II, and Mike WrightReynolds, District IV, for at-large posts. Mr. Harris made motion, seconded by Mr. Roberts, to approve’ the appointments of Mr. Bass, Ms. Turner, and Mr. WrightReynolds. 5 yeas. PUBLIC WORKS - REQUEST FOR PUBLIC HEARING TO AMEND COUNTY RECREATION AREAS ORDINANCE NO. 08-06 Mr. Hofstad requested authorization to advertise for a public hearing to consider revisions to the county’s Recreation Areas Ordinance No. 08-06. Mr. Harris made motion, seconded by Mr. Parisot, to approve a hearing on this ordinance on December 18, 2012 at 6:30 p.m. in Fort Walton Beach. 5 yeas. OLD BUSINESS ~ LETTER AND INFORMATION FROM SPECIAL COUNSEL GREG STEWART REGARDING DJJ RECONCILIATION FOR FY 2011-12 Mr. Curry stated a year-end reconciliation has been received from the Department of Juvenile Justice (DJJ). A letter from Special Counsel Greg Stewart with Nabors Giblin & Nickerson made three points: (1) The reconciliation reflects the county paid an amount of $1,257,576 towards its share of costs; however, its actual share Should have been $750,966. This should have resulted in a credit back to the county in the amount of $506,610. DJJ is taking that credit and using it to offset the past amounts that they deem due from Okaloosa County during FY 2009-10 and FY 2010-11 in the amount of $1,061,186.66. This is the amount that we successfully challenged previously in the Rule Challenge and the Administrative Law Judge determined that DJJ was improperly calculating that amount. (2) It appears DJJ is still assigning excessive days to the county. (3) The amounts calculated by DJJ continue to use the Rule which has been invalidated by the county’s prior actions. Therefore, the county needs to challenge this amount to obtain the benefit of the Rule Challenge. November 6, 2012 -15- Minute Book 68, Page Ld Okaloosa County Board of County Commissioners Mr. Stewart recommended the Board authorize their law firm to file a challenge to the reconciliation for FY 2011-12. Mr. Harris made motion, seconded by Mr. Parisot, to authorize Nabors Giblin & Nickerson to file the challenge as recommended by Mr. Stewart. 5 yeas. COMMENTS BY MR. CURRY Mr. Curry stated he would like to give a personal note of appreciation to James Campbell who served as county commissioner for a number of years, saying he did a lot of good things. He also told Mr. Roberts that he will be greatly missed. Mr. Roberts thanked Mr. Curry for his comments) about Mr. Campbell and added that Mr. Campbell is a good man. ADJOURNMENT There being no further business to come before the Board, the meeting was adjourned at 7:48 p.m. DON W. HOWARD DON R. AMUNDS, CHAIRMAN CLERK OF CIRCUIT COURT BOARD OF COUNTY COMMISSIONERS (These minutes were transcribed by Teresa Ward.) November 6, 2012 ~16- Minute Book 68, Page 45 Okaloosa County Board of County Commissioners