Okaloosa County BOCC — April 27, 2013 — Minutes — reading text

Board of County Commissioners Mr. Windes stated as commissioners each has taken an oath to uphold the Constitution of the State of Florida and each recognizes they have fiduciary responsibilities. He said it is in the county’s best interest to “turn the page” on this chapter of the TDC and there are tough decisions to be made. These decisions/responsibilities must take precedence over friendships, long-standing relationships, and what you would rather do. Mr. Windes listed his 5-step plan: 1. Recommended the hiring of a Compliance Officer to oversee the operations, policy/procedures, and providing assistance with financial matters be expedited 2. Recommended Mr. Boyles assist Special Counsel Greg Stewart in the review and simplification of the Operations and Policy Manual for Tourist Development 3. He said the Board appreciates the efforts and service of the TDC members who have served during the time period of May 2010 through May 2012 and recognizes them as “victims of circumstances.” However, in an effort to turn the page, the Board for one week will accept the voluntary resignation from the TDC members who served during this time period. He said after this grace period, the resignation will be requested. 4. Called for the resignation of TDC Attorney Steve Hall 5. Recommended a 60-day moratorium on expenditures, except for contractual obligations, while the TDC “resets” it council members and secures new legal counsel Mr. Parisot said he agrees with comments made earlier. For public information he stated he would like to read a letter dated May 9, 2012, co-signed by Sheriff Larry Ashley and State Attorney Bill Eddins, regarding the ongoing investigation of Mark Bellinger. (A copy of this letter was not provided for the record.) The Board of County Commissioners was asked not to conduct an independent audit or examination of witnesses during their investigation. He stated the Board complied with their request. Mr. Parisot pointed out the Board has now been released to begin its own investigation. Mr. Parisot pointed out the measures taken by the Board within two weeks of this issue coming to light. He noted the Sheriff’s investigation, as well as that of other law enforcement agencies, has taken eight months. Mr. Parisot requested any information those agencies can release without compromising their work be provided to the county to assist in its probe. February 5, 2013 -6- Minute Book 68, Page Okaloosa County Board of County Commissioners With regard to other advisory boards and committees, Mr. Parisot recommended policies and procedures be memorialized for them rather than depending on advice from an adjunct attorney. Mr. Dowd responded that he will be glad to prepare those documents and bring them back for Board review. Mr. Boyles asked if he can roll these ideas together. Mr. Amunds replied there is a motion on the floor. Mr. Harris withdrew his motion, saying that he does object to any measure to curtail spending in money for Tourist Development. Mr. Boyles repeated the importance of taking action today because of the appearance before the committee next week. Mr. Boyles made motion to approve the following 7-point plan. He added that any actions regarding Tourist Development expenditures will be considered separately. 1. Authorize counsel to compose litigation strategy for individuals who improperly received funds during the TDC scandal 2. Continue review, amendment and simplification of TDC Policies and Procedures and TDC Ordinance 3. Request resignation of Board-appointed Tourist Development Council members who were on the TDC prior to January 1, 2012 4. Allow TDC Attorney to resign 5. Direct staff to prepare proposal to be considered at the next meeting for a Compliance Officer for Tourist Development 6. Direct staff and counsel to develop education program for all county advisory board and committee appointments 7. Authorize Chairman to send a letter to Sheriff and State Attorney requesting them to provide the county with any information from their investigations to the extent they can Mr. Windes asked about Mr. Boyles if he will assist Mr. Stewart with re-writing, simplifying the Policies and Procedures. Mr. Boyles declined, saying he will make comments but will leave that to staff. Mr. Amunds said we need to keep the Sheriff and State Attorney in the loop on the county’s investigation and make certain we do not interfere with their strategy. Mr. Parisot seconded the motion. Mr. Windes said usually you do not vote on the first reading of an issue but because of the urgency involving the meeting in Tallahassee next week, he will concur with the motion. February 5, 2013 -7- Minute Book 68, Page Okaloosa County Board of County Commissioners Mr. Amunds asked about the appearance of the TDC members if they submit resignations. Mr. Curry answered we will convey the committee’s request and it will be up to those individuals to decide on their appearance before the committee. Mr. Harris said he would like to speak on the issue of suspending expenditure of funds. He pointed out the importance the Peter Mayer Agency placed on bolstering the shoulder season. Mr. Amunds noted this topic is not included in the motion which is on the floor. Mr. Boyles recommended TDC Counsel be recognized. Mr. Steve Hall, attorney representing TDC, stated that he has enjoyed and treasured the opportunity to be of service to Okaloosa County and will tender his resignation (terminate contract). He said he understands and appreciates how this is offered. Mr. Hall stated he found no corruption or complicity with the TDC and will be available to provide assistance during the county’s investigation. Mr. Boyles amended his motion (Step #4) to accept the resignation of Mr. Hall as TDC attorney. Mr. Parisot confirmed his second. 5 yeas. Mr. Amunds said there is one item remaining for discussion and that is the proposal to place a 60-day moratorium on Tourist Development expenditures with the exception being contractual obligations. Mr. Harris said he would like for this item to be tabled to the next South County meeting to give him an opportunity to speak with other stakeholders. Mr. Parisot remarked that he believes the county has a solid contract with the Peter Mayer Agency and any advertising programs should be provided to the Tourist Development Director for evaluation and go forward using the task order procedures. Mr. Amunds said he believes Mr. Windes was addressing a moratorium on individual sponsorships. Mr. Windes replied that is correct and his recommendation excluded contractual obligations from the moratorium. It was the consensus of the Board to place this item on the next agenda. Mr. Amunds also confirmed it was the consensus of the Board to pull three sponsorships from consideration which are listed on the agenda under Tourist Development Department business. Mr. Curry confirmed his understanding of the Board’s action. He pointed out that normally any changes to procedures or policies for the TDC is vetted through that council, however, with February 5, 2013 -8- Minute Book 68, Page Okaloosa County Board of County Commissioners resignation of the members there will be no quorum and Mr. Dowd’s recommendations will be brought directly to the Board. Mr. Amunds said he or Mr. O’Bryne will contact the TDC members. Mr. Windes asked for it to be clear those individuals will be given an opportunity to voluntarily resign. COMMISSIONER’S MINUTE Mr. Harris said he would like for Mike WrightReynolds to be given an opportunity this morning to provide an update on the Parks Advisory Committee. Mr. Boyles stated the first meeting of the Crestview Courthouse Task Force has been set. He requested his status on the committee be adjusted to a non-voting member. Mr. Amunds said that he sits on the task force for the Shalimar Annex Renovation and felt his status on that committee should also be as a non- voting member. Mr. Boyles made motion, seconded by Mr. Parisot, that commissioners appointed to committees be designated as non- voting members. 5 yeas. Mr. Parisot stated in 2010 following an incident in Bay County where a citizen appeared at a School Board meeting with a hand gun, the Board decided to have a law enforcement officer present at meetings. He said that he no longer thinks that law enforcement presence is necessary and requested a discussion on the subject be set for the February 19 meeting. Mr. Boyles referred to designated safe zones and said because of the security and screeners at the courthouses that is not a problem. However, the Board does hold South County meeting at the Water & Sewer Administration Building in Fort Walton Beach where there is no security. He noted even if you have a concealed carry permit, it is unlawful to carry a weapon during an active government meeting. Mr. Windes commented that he saw the video of what happened in the Bay County School Board meeting where the individual shot at a member of the School Board and he agrees with Mr. Boyles that security is a good idea. Upon inquiry by Mr. Curry, Mr. Amunds stated the subject of security officers at County Commission meetings should be added to the February 19 agenda under Old Business. February 5, 2013 -9- Minute Book 68, Page Okaloosa County Board of County Commissioners (NOTE: Commissioner Harris left at this time and did not return to the meeting—9:35 a.m.) PUBLIC HEARING – REQUEST FROM GROWTH MANAGEMENT TO AMEND FLUM DESIGNATIONS AND REZONE CERTAIN PARCELS OFF FAIRCHILD ROAD IN CRESTVIEW (9:00 A.M.) Mr. Stanford read the advertised legal notice for public hearing to consider a request to change the Future Land Use Map (FLUM) designation for various parcels off Fairchild Road in Crestview from Industrial (I) to Airport Compatibility-1 (AC-1) and to rezone those same parcels from Industrial (I-1) district to Airport Compatibility-1 (AC-1) district. Mr. Dowd stated staff has requested this item be withdrawn from consideration. Mr. Elliot Kampert, Growth Management Director, stated the current designations permit single-family homes to be added, expanded, or repaired. Because staff was fielding numerous telephone calls from realtors about building houses, he felt the measure to amend the designations and zoning would provide clarification. However, the Airports Departments has advised that making the change pursuant to the advertisement creates an appearance of encroachment of residential properties onto the airport. Mr. Kampert reiterated the current ordinance does provide for a home to be expanded or replaced and requested the issue be withdrawn. It was the consensus of the Board to withdraw this item from consideration. (NOTE: The floor was opened for public comment on this hearing later in the meeting. Please see Page 11.) PUBLIC HEARING – ORDINANCE GRANTING ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION TO PROJECT MACHINE (9:00 A.M.) Mr. Stanford read the advertised legal notice for public hearing to consider adoption of an ordinance granting economic development ad valorem tax exemption to Project Machine located in Holt, Florida, for specific improvements and items of personal property. Ms. Kay Rasmussen, Interim President of the Economic Development Corporation (EDC), stated this incentive is for an existing February 5, 2013 -10- Minute Book 68, Page Okaloosa County Board of County Commissioners company which has been in the community for almost twenty years. The business currently provides 19 jobs and will