Okaloosa County BOCC — May 7, 2013 (meeting #1140) — reading text

for Chairman to sign, review and approve application submission for USDOJ Bulletproof Vest Partnership Grant 15. Approval of nominees for RESTORE Act Advisory Committee 16. Supervisor of Elections: FY 2012-13 Federal Election Activities Plan, authorize Chairman to certify the county will match state funds with a 15% match 17. Supervisor of Elections: Approval of policy and agreement for use of voting equipment for non-government elections 18. Resolution authorizing Surety Land Title of Florida to prepare quitclaim deeds for the successful bidders of Okaloosa Island leasehold interests converted to fee simple titles (Claudette Heinrich; Justin L. Bobb and Dia Bobb) RESOLUTION NO. 13-77 May 7, 2013 -11- Minute Book 69, Page 114 Okaloosa County Board of County Commissioners 19. Human Resources: Final payment to Colin Baenziger & Associates for recruitment and filling position of County Administrator; $21,500 20. Economic Development Corporation: Appointments to Enterprise Zone Development Agency Board 21. Public Works: Approval to advertise for public hearing on May 21, 2013 at 9 am in Fort Walton Beach to consider amending rates for Sylvania Heights MSBU 22. Public Works: Renewal of contract with Department of Corrections for inmate work crews and authorization for Chairman to execute same 5 yeas. PURCHASING - CONSIDERATION TO SELL PARCEL OF LAND ON LIVE OAK CHURCH ROAD TO TOMMY BATSON Mr. Richard Brannon, Purchasing Director, stated the Board approved the sale of a surplus parcel of property at 4540 Live Oak Church Road in Crestview (Parcel ID #05-2N-23-0000-0001- 001D) to Tommy Batson last September. Mr. Batson is requesting the Board sell him an additional five-foot strip of property on the west side of the previously purchased parcel. The selling price would be calculated at the same square footage price of the original purchase which was $1.10 per square foot. The additional parcel would total 1,263.24 square feet for a purchase price of $1,389.57. Mr. Brannon reported the Public Works Department approves the sale and would retain an easement to the property. Mr. Harris made motion, seconded by Mr. Parisot, to approve the sale of the subject property as outlined above and to also authorize the Chairman to execute the deed upon receipt of the payment and easement from Mr. Batson. 5 yeas. FACILITIES MAINTENANCE - APPROVAL OF COMPLETE SET OF CONTRACT DOCUMENTS WITH LORD & SON FOR SHALIMAR ANNEX RENOVATION PROJECT Mr. Don Turner, Facilities Maintenance Director, stated last October the Board entered into contract with Lord & Son for Phase I renovations of the Shalimar Annex. Initially, the agenda item was brought to the Board by the Purchasing Department. During the processing, the Contracts and Grants Department pointed out the pay request was not consistent with the contract document and payment to the vendor was withheld. Mr. Turner said the problem stems from a missing “Exhibit C” referenced in the contract but not attached. May 7, 2013 -12- Minute Book 69, Page 115 Okaloosa County Board of County Commissioners Mr. Turner said he asked Richard Brannon, Purchasing Director, to re-create the agenda package and he is presenting those documents to the Board with a request to approve the complete contract documents. Mr. Amunds stated he asked Mr. Turner to review the original agenda item. Mr. Turner replied this item was before the Board on October 16, 2012 and the Board was still using the large notebooks which contained paper copies of all meeting documents and there are no electronic copies of those agenda items. Mr. Parisot commented the approval was for Phase I only. Mr. Windes said we have made a deal and there will be no change until everyone signs on a guaranteed maximum price. Mr. Turner replied those statements are correct. Mr. Windes stated the document submitted on today’s agenda has several strikethroughs in it and no initials for those changes. He asked Mr. Dowd if he is comfortable with that to which Mr. Dowd replied, “No, I am not.” Mr. Brannon stated the contract document went back and forth between the County Administrator and the contractor a number of times, adding that he is not familiar with the strikethroughs. Upon inquiry by Mr. Parisot, Mr. Dowd said he was “not sure” if he reviewed the document after the strikethroughs. Mr. Windes made motion, seconded by Mr. Harris, to table consideration of this item and direct the County Attorney to update the contract. 5 yeas. Mr. Brannon pointed out the AIA contract is a standardized document. Mr. Stanford agreed. Mr. Brannon stated the changes are normally done by the department and he has never seen initials on strikethroughs. Mr. Boyles said he believes Mr. Brannon is probably right, saying those contracts are massive. He added that he does not think staff was misled. TOURIST DEVELOPMENT DEPARTMENT - EXPENDITURE RECAP THROUGH SECOND QUARTER OF FY 2013 Mr. Daniel O’Byrne, Tourist Development Director, stated he will take the Board through the financial reports approved by the Tourist Development Council (TDC) at its April 25, 2013 meeting. The Tourist Development Department (TDD) expenditures through March 31, 2013 were received from the Clerk’s Office and formatted by TDD staff into two reports: May 7, 2013 -13- Minute Book 69, Page 116 Okaloosa County Board of County Commissioners (1) A summary report by bed tax “penny” (level of restriction as required by ordinance) plus the special assessments collected within the Municipal Services Benefit Unit (MSBU), and (2) A detailed report by approved budget line item. Mr. Parisot asked if there is a way to include in the summary sheets how much has been allocated but not spent. Mr. O’Byrne replied that he believes that can be done. WATER & SEWER SYSTEM - APPROVAL OF GATOR BORING TASK ORDER #63 Mr. Jeff Littrell, Water & Sewer System, requested approval of Task Order #63 with Gator Boring per the terms of Contract #c05- 1117-WS with a not-to-exceed cost of $416,700.95. Mr. Boyles made motion, seconded by Mr. Parisot, to approve this task order. 5 yeas. WATER & SEWER SYSTEM - SUBORDINATION OF UTILITY INTERESTS AGREEMENT WITH FDOT, GAP CREEK BRIDGE Mr. Littrell explained the Florida Department of Transportation (FDOT) has an interest in a county utility easement for water and sewer utilities and has deemed it necessary for right-of-way purposes. FDOT has plans to replace the bridge at Gap Creek on Beal Parkway and is seeking additional right-of-way for the project. FDOT has requested the county subordinate a 15-foot wide easement near the bridge. A 4-inch force main will need to be relocated due to the bridge construction. FDOT has agreed to pay the county for the cost of relocating this force main in an amount not-to-exceed §29,304.55. Mr. Littrell requested approval of the Subordination of Utility Interests Agreement and the accompanying resolution. He also thanked Mr. Boyles for his assistance in negotiating this matter. Mr. Boyles made motion, seconded by Mr, Parisot, to approve the agreement and resolution. 5 yeas. RESOLUTION NO. 13-78 PUBLIC WORKS — APPROVAL OF HDR ENGINEERING TASK ORDER #66 Mr. John Hofstad, Public Works Director, requested approval of Task Order #66 with HDR Engineering for the Martin Luther King, Jr. Boulevard and Green Acres Road Improvement Project at a not- to-exceed cost of $136,413. Mr. Parisot made motion, seconded by Mr. Harris, to approve this task order. 5 yeas. May 7, 2013 -14- Minute Book 69, Page 117 Okaloosa County Board of County Commissioners PUBLIC WORKS ~- REQUEST TO TRANSFER $50,000 FROM OLD ANTIOCH ROAD PROJECT TO CAPITAL EQUIPMENT ACCOUNT Mr. Hofstad requested approval to transfer $50,000 from the Old Antioch Road Improvement Project to a Capital Equipment Account. He pointed out the road project came in significantly under budget. The transferred funds will be used for the purchase of batwing mowers. Mr. Parisot made motion, seconded by Mr. Boyles, to approve the budget transfer as outlined by the department head. 5 yeas. NEW BUSINESS - APPROVAL TO INITIATE BIDDING PROCESS FOR STATE LOBBYIST SERVICES Mr. Padgett stated the original contract for state lobbyist services has been extended twice. He said it is time to move forward with initiating a request for proposals (RFPs) for these services. Mr. Parisot made motion, seconded by Mr. Boyles, to authorize staff to advertise for RFPs for State Lobbyist Services. 5 yeas. OLD BUSINESS - AMENDING BUDGET WORKSHOP SCHEDULE Mr. Amunds requested the budget workshop currently scheduled on Thursday, July 18 at 6:00 p.m. in Crestview be changed. He suggested moving the workshop to a morning time slot or moving it to Wednesday, July 17 at 6:00 p.m. in Crestview. Mr. Parisot said he would prefer it be changed to Thursday morning. Mr. Harris and Mr. Windes preferred an evening meeting. Mr. Harris made motion, seconded by Mr. Boyles, to reschedule this initial budget workshop to Wednesday, July 17 at 6:00 p.m. in Crestview. 5 yeas. OLD BUSINESS - DISCUSSION, POTENTIAL REVENUE SOURCES FOR FY 2014 Mr. Amunds advised that Mr. Boyles sent out a letter on his view of the fuel tax and remarked he does not believe anyone on the Board has yet said “yes” or “no” on the concept but he believes the commissioners are trying to get more details. Mr. Amunds said after Mr. Boyles speaks, he will ask Mr. Hofstad to address the Board. He also reported that he received a telephone call from Destin Mayor Sam Seevers to advise him the city will not support any discussion on increasing the gas taxes. Mr. Amunds added the City of Destin did agree to the use of the old formula rather than the State formula for distribution of gas tax revenues. May 7, 2013 -15- Minute Book 69, Page 118 Okaloosa County Board of County Commissioners Mr. Boyles said he believes his letter is self-explanatory. He advised that he is not a proponent of taxes but he does support paying for what we use and consume. Mr. Boyles noted that he is surprised at the level of restrictions on the dollars the county collects, citing the ways Tourist Development tax revenues can and cannot be spent. Continuing, Mr. Boyles stated he is interested in transportation and referred to his civil engineering background. He affirmed his stand as a conservative but said you must “pull your weight” and not ask someone else to do it for you. Mr. Boyles said he believes in paying no more than your fair share and paying no less and confirmed that is his approach. He referred to the latest data supplied by the Public Works Department and said the average time of having a road repaved in this county is 90 to 100 years. Mr. Boyles said the county has limped along, underfunding infrastructure needs. He stated this conversation on gas taxes is appropriate and he does not take it lightly. Mr. Boyles referred to his proposed roadway and stormwater projects and said there could be more than 100 proposals made but his is a starting point. He said the projects he listed are not a mandate but he identified some of the more critical areas in the county and added many are in the CIP (Capital Improvement Plan). Mr. Harris stated it is no secret that in 2008 he gaid government should supply essential services and he advocated an increase in gas taxes. He said this is not a North County issue and referred to many roads which are in a state of disrepair throughout the county. Mr. Harris noted it is a safety problem and used Hollywood Boulevard as an example. Mr. Harris then read from a letter he received from Steve Czonstka, Republican State Committeeman, on this subject. (A copy of this statement was not provided to BCC Records). It was Mr. Czonstka’s opinion the gas tax is a valid means of funding and retaining infrastructure. He said the tax would also be paid by visitors and tourists who use our roads. Mr. Czonstka said the TPO supports the measure. Mr. Windes said he heard Destin’s chief concern was it did not