Okaloosa County BOCC — June 4, 2013 (meeting #1140) — reading text

June 4, 2013 Regular Meeting The regular Tuesday meeting of the Okaloosa County Board of County Commissioners was called to order at 8:30 a.m. at the Crestview Courthouse. 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; Ernie Padgett, County Administrator; John Dowd, County Attorney; and members of the press. PRESENTATIONS - EMPLOYEE SERVICE AWARDS Mr. Padgett presented service awards to the following employees: Roy Hooks------------- Fifteen Years Beatrice Love-Moore---Fifteen Years Amy Allen------------- Twenty Years Kim Lee--------------- Twenty Years Danny Mitchem--------- Thirty Years PUBLIC INFORMATION OFFICER UPDATES Mrs. Kathy Newby, Public Information Officer, opened with a promo for the Okaloosa Today television program which airs on Cox Channel 6. She pointed out the “Ready Okaloosa” logo has been added to the slide for the PIO Updates and will remain until the end of hurricane ' season. Mrs. Newby reminded residents that “The first 72 are on you.” Other informational items included: e The ribbon cutting ceremony for the Western Destin Beach Restoration Project was held recently. e During EMS Week and Beach Safety Week, Public Safety Department personnel held food drives at the Publix Stores in Fort Walton Beach and Crestview. e The Heritage Museum will offer Summer Camp August 5-9 with a program entitled “History Through the Eyes of a Child.” COUNTY ADMINISTRATOR'S UPDATE Mr. Padgett announced that he has selected Rick Owen as the permanent Administrative Manager in the County Administrator's Office. June 4, 2013 -1- Minute Book 69, Page 153 Okaloosa County Board of County Commissioners Mr. Padgett asked Growth Management Director Elliot Kampert to come forward. He stated Mr. Kampert has good news to share regarding the ISO rating for flood insurance rates. Mr. Kampert acknowledged the hard work of Sherry Reed in Growth Management and said she should be standing here for the annoucnement. He advised the community rating system is a voluntary program for certification. The evaluation is conducted by a private risk assessment firm hired by FEMA. Mr. Kampert announced that Okaloosa County will retain its score of “5” which will result in a 25% reduction of flood insurance rates. He noted that only 17 counties have achieved this score and it will provide welcome relief to the 12,000 county residents who have National Flood Insurance policies. COMMISSIONER'S MINUTE Mr. Boyles stated that he is working with Baker residents living on McCauley Road on a means to improve the unpaved, private road on which they live. He said he is also working with the Public Works Department to investigate ways to get more miles of pavement on the ground. Mr. Boyles stated he wants to create an amendment to the current policy and will bring it forward at a future meeting. Mr. Parisot reported the Gulf Coast Ecosystem Restoration Council has published its initial comprehensive plan which can be found on the FDEP website, adding there will probably be changes to this document. This plan will address use of “Pot 1” and “Pot 2” monies of the RESTORE Act. The council’s first meeting in Florida was held last night in Pensacola and took the form of a briefing, followed by a comment period from attendees. He noted the Treasury Department has still not released its rules for expenditure of the funds. Mr. Parisot advised there is no projects list attached to the plan at this time. Mr. Windes said he would like to recognize Chelsea Smith, Laurel Hill High School Senior, for 13 years of perfect attendance. He congratulated her on this achievement, stating she has set the bar very high for other students. Mr. Harris commented it is another great day in Florida. Mr. Amunds referred to Mr. Boyles’ remarks and said county funds can only be used on county roads. He said Mr. Boyles and Public Works are trying to work outside the box on a way to pave McCauley Road, advising it is an experimental program. June 4, 2013 -2- Minute Book 69, Page 154 Okaloosa County Board of County Commissioners Mr. Parisot recalled that provisions for establishing a MSBU for Kervin Road improvements was set up in the 2009-10 timeframe. Mr. Harris responded the MSBU was never developed because a majority of the residents could not agree. VISITOR - CHRISTY JOHNSON, WEST FLORIDA REGIONAL PLANNING COUNCIL, RURAL COUNTY ROAD NEEDS Ms. Christy Johnson, Planner with West Florida Regional Planning Council (WFRPC), stated the WFRPC serves as Florida Department of Transportation (FDOT) liaison to gather input on needs for the rural portions of the county for inclusion in FDOT’s Five- Year Work Program. The three projects identified by the Public Works Department for 2014-18 are: (1) right turn lane on Highway 4 at the Galliver Cut-off (FY 2016) (2) intersection improvement at Highway 4 and Highway 90, traffic signal (FY 2014) (3) add turn lane at Highway 4 and 14%" Street (FY 2015) Ms. Johnson spoke about FDOT’s County Incentive Grant Program which requires a 50% match from the county. She said when the county can submit a project application, it will come from this list. Mr. Boyles requested clarification on the reason the county has been unable to participate. Ms. Johnson replied it is her understanding there has been no participation because there were no funds available for the matching requirement. Mr. Harris made motion, seconded by Mr. Parisot, to support the three rural road projects as outlined above. 5 yeas. Ms. Johnson stated she would also like to address the TPO prioritization process. She advised that Highway 123 has moved onto the committed list and encouraged the commissioners to attend the TPO meeting and help move the project into the #1 spot. CONSENT AGENDA APPROVAL Mr. Boyles made motion, seconded by Mr. Parisot, to approve the Consent Agenda: 1. BCC Records: Minutes for the April 2, 2013 Regular Meeting; April 2, 2013 Executive Session; April 9, 2013 Special Meeting; April 9, 2013 Budget Policy Workshop; and April 16, 2013 Regular Meeting June 4, 2013 -3- Minute Book 69, Page 155 Okaloosa County Board of County Commissioners 10. Human Resources: Approval and authorization for Chairman to execute rate schedule amendments to the temporary staffing contract with Landrum Staffing Public Works: Request from Island Sands Beach Service of NW Florida for a Qualified Beach Vendor Certificate and Qualified Beach Vendor Beach Vehicle Permit for calendar year 2013 County Administrator: Approval to hold Executive Session immediately following this meeting to discuss litigation strategy related to Okaloosa County v Meigs Family Trust Growth Management: Appointment of Scott D. Kearney to fill vacancy as District III representative to Board of Adjustment Growth Management: Reappointment of Caralee Gibson to three-year term on Code Enforcement Board Resolution authorizing Surety Land Title of Florida to prepare quitclaim deed for successful bidder converting Okaloosa Island leasehold interest to fee simple title (Michael Gracey & Buriece Gracey) RESOLUTION NO. 13-81 Approval of Corrective Quitclaim Deed submitted by Surety Land Title of Florida for James K. Patterson Trust because original deed did not contain the word “trust” Public Works: Resolution outlining methodology for distribution of first six cents of local option gas taxes RESOLUTION NO. 13-82 Finance: Budget Resolutions (a) Amending FY 2013 Budget, General Fund (original budget did not reflect adequate appropriations from Enterprise Florida Inc. for Tri-County Joint Land Use Study Implementation Grant) RESOLUTION NO. 13-83 (BA #105) (bob) Amending FY 2013 Budget, General Fund (original budget did not reflect adequate appropriations from Florida Department of Agriculture and Consumer Services for School Lunch Program Grant) RESOLUTION NO. 13-84 (BA #106) (c) Amending FY 2013 Budget, General Fund (original budget did not reflect adequate appropriations from Florida Department of Revenue for Child Support Enforcement Grant) RESOLUTION NO. 13-85 (BA #107) June 4, 2013 -4- Minute Book 69, Page 156 Okaloosa County Board of County Commissioners (d) Amending FY 2013 Budget, General Fund (budget reflected too much appropriations from Florida Department of Law Enforcement for Metadata Planner Grant) RESOLUTION NO. 13-86 (BA #108) (e) Amending FY 2013 Budget, Law Enforcement Trust Fund (original budget did not reflect adequate appropriations for confiscated property proceeds) RESOLUTION NO. 13-87 (BA #109) (£) Amending FY 2013 Budget, MSBU Fund (original budget did not reflect adequate appropriations for street lighting fees) RESOLUTION NO. 13-88 (BA #110) (g) Amending FY 2013 Budget, Prisoner Benefit Fund (original budget did not reflect adequate appropriations for ATM revenue) RESOLUTION NO. 13-89 (BA #111) 11. County Administrator: Proposed budget workshop schedule changes (a) Court Services/Judicial - move from August 6, 2013 at 1:30 p.m. to July 30, 2013 at 10:15 a.m. (b) Tentative Millage Rate Discussion - move from July 30, 2013 at 10:15 a.m. to 10:30 a.m. 5 yeas. TOURIST DEVELOPMENT - UPDATE BY GREG STEWART ON COLLECTION EFFORTS Mr. Daniel O’Byrne, Tourist Development Department (TDD) Director, stated Greg Stewart, Special Counsel with Nabors, Giblin & Nickerson, will present both TDD items today. Mr. Stewart noted the Board has requested periodic updates on collection efforts to recover inappropriate TDD expenditures. He reported the Bellinger home in Destin was auctioned off and he has filed a Petition for Remission with the Justice Department. Mr. Stewart stated he spoke with a Justice Department representative on Friday and it was moving forward positively. He said indications are the petition will be granted. The furniture purchased with TDC proceeds is being evaluated by the county’s Purchasing Department to see if any of it can be put to use in the county and what will be deemed “surplus” and auctioned off. He said he is working with the department to outline the procedure for the sale of the surplus furniture. June 4, 2013 . -5~- Minute Book 69, Page 157 Okaloosa County Board of County Commissioners Mr. Stewart informed the Board the $10,800 paid to the Boast the Coast spokesman has been negotiated and returned. He stated they did receive a default judgment against the American Wind Symphony and will be filing the necessary paperwork in court to get the $25,000 back in a money judgment. One of the custom- built Bourget motorcycles has been received and is in storage. The second motorcycle is in route to the county. Mr. Stewart stated there has been a continuing issue with Aramark, the vendor for the Convention Center. Similar to the situation with the Zimmerman Agency and Lewis Communications, Mr. Bellinger advanced funds to Aramark and used those for expenditures. The total advance to Aramark was $82,000. He said $45,328.52 has been repaid but they have been unable to get the remaining $36,671.48. Mr. Stewart told the Board discussions with Aramark have shut down. He said the money advanced to Aramark was used for office parties, cruises, and charitable donations and he has determined those were inappropriate expenditures for tourist development dollars. Continuing, Mr. Stewart explained that under the contract with Aramark a joint activity fund was created in the amount of $100,000. The fund was totally funded by Aramark and the county can draw on it. He requested authorization to take the remaining money ($36,671.48) from that joint activity fund and use it to reimburse the BP funds. Mr. Harris made motion, seconded by Mr. Parisot, to authorize Special Counsel to take $36,671.48 from the Aramark joint activity fund. 5 yeas. Mr. Parisot asked about a claim against Lewis Communications for losses on the sale of the Bellinger