Okaloosa County BOCC — December 18, 2012 — reading text

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 Packet Pg. 105  7.11.a 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. Attachment: Minutes December 18 2012 (1353 : Approval of Minutes) 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 Packet Pg. 106  7.11.a 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 Attachment: Minutes December 18 2012 (1353 : Approval of Minutes) 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 Packet Pg. 107  7.11.a 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 FOR OKALOOSA ISLAND AND WESTERN DESTIN Attachment: Minutes December 18 2012 (1353 : Approval of Minutes) DUNE VEGETATION PROJECT Mr. Daniel O’Byrne, Tourist Development Director, requested approval to work with the Purchasing Department to issue a Request for Proposals (RFP) for the Okaloosa Island Dune Flora Restoration and Beach Access Management Project and the Western Destin Beach Restoration Project. He noted that it would be good to begin these projects by April 2013. Mr. Parisot made motion, seconded by Mr. Boyles, to approve the issuance of the RFP and to begin the projects as soon as possible. 5 yeas. TOURIST DEVELOPMENT – UPDATE ON TOURIST DEVELOPMENT RECOMMENDATIONS Background: On June 19, 2012, Greg Stewart, special counsel with the Nabors, Giblin & Nickerson Law Firm, made a presentation to the Board regarding recommendations in light of the initial investigation into fraud issues. A number of updates have been provided since implementation of the recommendations. Mr. O’Byrne detailed those recommendations made by Mr. Stewart at the June 19, 2012 Board meeting. His report included details on when the new policies/procedures were implemented and their impacts. He stated the Tourist Development Department (TDD) Director must now prepare an annual strategic marketing plan in advance of any funds being disbursed. Mr. O’Byrne said TDD and Peter A. Mayer Advertising, Inc. will prepare that plan for proposed marketing expenditures. It will first be presented to the Tourist Development Council (TDC) for review and then to the Board of County Commissioners for final approval. He said there will be specific oversight for sponsorships and event funding. December 18, 2012 -11- Minute Book 68, Page Okaloosa County Board of County Commissioners Packet Pg. 108  7.11.a Mr. Parisot made motion that no special event funding be approved until all documents, including accountability and after action reports, are submitted and approved by the Board. Mr. Boyles said Mr. O’Byrne previously stated those items must come before the Board for approval. Mr. Parisot withdrew his motion. Mr. O’Bryne continued with his PowerPoint update. One of the recommendations concerned accreditation and certification. Mr. Windes asked Mr. O’Byrne if he intends to participate in the Certified Destination Management Execution Program, to which Mr. O’Bryne replied in the affirmative. Attachment: Minutes December 18 2012 (1353 : Approval of Minutes) RECESS – The meeting was recessed at 7:25 p.m. and reconvened at 7:30 p.m. PUBLIC WORKS – PROMOTION FUND GRANT AGREEMENT Mr. John Hofstad, Public Works Director, requested approval to enter into a grant agreement with the Gulf Coast Seafood and Tourism Promotional Fund in the amount of $450,000. This grant (BP funding) will be used to evaluate the county’s off-shore reef system. Mr. Parisot made motion, seconded by Mr. Windes, to approve the grant agreement and to authorize the Chairman to execute same. 5 yeas. PUBLIC WORKS – FINAL PROPOSAL FOR WASTE MANAGEMENT ENHANCED 1+1+1 RECYCLING SERVICES Mr. Hofstad stated negotiations have been ongoing with Waste Management Inc. regarding possible expansion of an enhanced recycling services program, also known as 1+1+1, throughout the franchise areas of Okaloosa County. Currently, Waste Management is contracted to provide a 2+1+1 service. This means two garbage pickups a week, one recycling pickup per week, one yard waste pickup per week, and on-call pick up of bulk items. The service area includes approximately 30,000 homes. Mr. Hofstad reviewed the enhanced recycling pilot program for two subdivisions in Shalimar which began in September. At these locations, 18-gallon bins were replaced with 96-gallon bins. He referred to a state mandate of 75% recycling by 2020. Mr. Hofstad noted we are currently at the 20% recycling mark. A survey was conducted of those participating in the pilot program. Mr. Hofstad said 82% of those responding to the survey December 18, 2012 -12- Minute Book 68, Page Okaloosa County Board of County Commissioners Packet Pg. 109  7.11.a rated it good to excellent and 81% of those responding expressed a desire to keep the program. Mr. Hofstad reported that on December 10, 2012, Waste Management offerred the following: • Waste Management will purchase carts at an estimated cost of $1.5 Million • Waste Management will offer a reduced rate of $9.45 per month per dwelling for 1+1+1 (current montly charge is $10.93) • The county will retain ownership of the carts upon Attachment: Minutes December 18 2012 (1353 : Approval of Minutes) termination of the contract • The county will