Okaloosa County BOCC — May 3, 2016 — March 15 , 2016 Regular Meeting — reading text

Harris , to approve the described changes to the Fare and Rate Modification Policy. 5 yeas. (NOTE : Route modifications will be brought back to the Board for consideration at a future date . ) WATER & SEWER RESOLUTION SUPPORTING APPLICATION FOR UPLAND UTILITY EASEMENT FOR LANCASTER FORCE MAIN WASTEWATER PROJECT Mr . Jeff Littrell , Water & Sewer System Director , requested approval of a resolution supporting application for an easement on State lands at Fred Gannon (Rocky Bayou) State Park . He said his request is threefold : 1. Adopt resolution and authorize Chairman to execute same which supports an application for an upland utility easement at Fred Gannon State Park 2. Authorize staff to move forward with the easement process , including authorization for Water & Sewer Director to sign any pertinent documents related to the proposed easement 3. Reaffirm Board ' s previous decision of February 5 , 2013 to obtain competitive quotes in lieu of bids for pipe , March 15 , 2016 -12- Minute Book 74 , Page 16 6 Okaloosa County Board of County Commissioners  fittings and appurtenances for the Meigs - Seminole Pump Station and Force Main Improvements Project Mr. Boyles made motion , seconded by Mr . Harris , to adopt staff ' s three recommendations as outlined above. 5 yeas . RESOLUTION NO . 16-63 PUBLIC WORKS - NATURE LAKE PHASE I , EXTENSION OF WARRANTY PERIOD AND ACCEPTANCE OF ADDENDUM TO LETTER OF CREDIT Mr . Jason Autrey , Public Works Director , requested extension of the warranty period for the Nature Lake Phase I Subdivision , as well as accept an addendum to Whitney Bank Letter of Credit SB72258L for $250 , 000 which extends the effective date of the LOC to April 1 , 2017 . Mr . Harris made motion , seconded by Mr . Boyles , to approve Mr . Autrey ' s recommendations . Upon inquiry by Mr . Goodwin , Mr . Autrey stated the developer had a problem with bad asphalt and will overlay the roads in the development . Upon further inquiry by Mr . Goodwin , Mr . Autrey answered the overlay will be sufficient to correct the problem and the amount of the bond/letter of credit is sufficient in the event county crews have to perform the work . 5 yeas . TOURIST DEVELOPMENT - CHRIS JANSON CONTRACT Mr . Ed Schroeder , Tourist Development Department (TDD) Director , stated all three TDD i terns relate to the Chris Janson concert . He pointed out a revised agenda request regarding the contract was distributed earlier this morning . The revisions request the Chairman execute the contract , rather than the County Administrator as identified on the original agenda request , and stated the total contract value (contract plus rider provisions) has not been finalized and may exceed $50 , 000 . Mr . Schroeder said the Board previously approved a contract sum of $40 , 000 but other aspects of the performance- hotel room accommodations , ground transportation , hospitality , security , sound , lights , monitors , production , and advertising may bring the total above $50 , 000 . He said this request is also to approve procurement methods other than the contract payment form March 1 5 , 2016 -13- Minute Book 74 , Page 167 Okaloosa County Board of County Commissioners to My Kids Money LLC to cover the contract rider provisions . Mr . Schroeder explained that existing contracts wi th the Emerald Coast Convention Center for security personnel and with Aramark (concessions) can be used to provide event security and hos pi tali ty services (food , drinks , alcohol) . Howe v er , he said the other services outlined on the contract rider may need to be obtained using credit cards or purchase orders and requested approval to use these procurement methods . Upon inquiry by Mr . Windes , Mr . Stewart stated the TDD i terns should be approved by separate motions . Mr . Goodwin asked if the terms of the contract can be fulfilled without going outside standing policies . Mr . Schroeder replied that it can on some of the i terns but he did not kno w if they could find a way around it on other items . He added that some vendors supplying the services demand payment by a credit card . Upon further inquiry by Mr . Goodwin , Mr . Schroeder stated he is not asking for a new policy and explained the department is going to use vendors outside the contract format . Mr . Goodwin responded that he is still trying to sort through this and understand why specific authority is needed to vary from the contract procedure . Mr . Stewart was asked to comment . Mr . Stewart stated there are four i terns before the Board for consideration . Those i terns are contract for concert ; advance payment of $20 , 000 to The Agency Group ; advance payment of $20 , 000 to My Kids Money LLC ; and use of procurement methods other than contract payment forms . He pointed out contracts dealing with the entertainment business are unique , referencing terms of the contract rider . Mr . Stewart stated TDD is making it clear up front that satisfying some of these terms in the contract rider fall outside policy and the performance contract . Upon inquiry by Mrs . Ketchel , Mr . Schroeder explained that " My Kids Money LLC " is Chris Janson . The second entity involved is The Agency Group . Mr . Boyles made motion , seconded by Mr . Harris , to authorize the Chairman to execute the contract for the concert . 5 yeas . March 15 , 2 016 -14- Minute Book 74 , Page 168 Okaloosa County Board of County Commissioners Mr . Boyles made motion , seconded by Mr . Harris , to authorize other procurement methods which may fall outside county guidelines involving contract payment forms . Mr . Goodwin asked if a vote must be taken on this i tern today . Mr . Schroeder replied , " Yes , a check needs to be cut on the 17ili ." Mr . Windes asked Mr . Stewart if he is comfortable with the proposed action being different than policy . Mr . Stewart responded that he believes we will be fine . Mr . Boyles felt the Board is doing what is necessary today to acknowledge transparency . He added that he does not like running a tourist development department but it is statutory and fundamentally non-governmental in nature. Mr. Boyles said he thinks county staff has been doing a good job working with the Clerk ' s staff on this . 5 yeas . TOURIST DEVELOPMENT - ADVANCE PAYMENT TO THE AGENCY GROUP FOR CHRIS JANSON CONCERT Mr . Schroeder requested approval to issue a $20 , 000 deposit to The Agency Group Inc . on March 17 , 2016 directly from the invoice based on a fully executed scanned copy of the contract. He said payment should be overnighted to ensure delivery by the March 19 , 2016 due date . Mr . Boyles made motion , seconded by Mrs. Ketchel , to approve the advance payment as outlined by the department head . 5 yeas . TOURIST DEVELOPMENT - ADVANCE PAYMENT TO MY KIDS MONEY LLC FOR CHRIS JANSON CONCERT Mr . Schroeder requested approval to issue the $20 , 000 balance due to My Kids Money LLC on May 12 , 2016 . He said this will be immediately prior to the performance . Payment will be issued to a vendor other than the vendor with whom the contract is executed . Mr . Boyles made motion , seconded by Mrs . Ketchel , to approve payment as outlined by the department head . 5 yeas . March 15 , 2016 -15- Minute Book 74 , Page 169 Okaloosa County Board of County Commissioners NEW BUSINESS SECOND AMENDMENT TO PUBLIC PARK LEASE BETWEEN OKALOOSA COUNTY AND EMERALD COAST BEACH MANAGEMENT , INC . NEW BUSINESS SIXTH AMENDMENT TO PUBLIC PARK LEASE BETWEEN OKALOOSA COUNTY AND SURFSIDE VENTURES , INC . Mr . Hofstad stated that in February staff began looking at existing leases as a potential source of additional revenue . The leases for James Lee Park and The Boardwalk were reviewed . He noted the lease for James Lee Park is with Emerald Coast Beach Management and dates back to the late 1980s . Mr . Hofstad noted the lessee has a restaurant at this location . He reported the annual lease fee is $31 , 000 and is woefully inadequate for beach front property . Negotiations were conducted with Emerald Coast Beach Management . He advised the lease term will be extended and the new lease fee will be $250 , 000 annually . Mr . Hof st ad advised the lease for The Boardwalk on Okaloosa Island is with Surf side Ventures . The current lease fee is $70 , 000 annually . He stated this lease was renegotiated and the lease fee will also be $250 , 000 per year . Continuing , Mr . Hofstad stated this is significant and based on these two leases alone , the county could secure $7 . 2 Million in bond debt . He pointed out that is very important in the county ' s task of securing a funding source for its capital projects . Mr . Hofstad said Mr . Stewart crafted the leases which are now closely aligned with fair market value . Mr . Stewart explained the leases will be $250 , 000 per year for the first five years of the lease term . He said there are provisions for escalation of the lease in periodic increments and the lease fee will be near $430 , 000 at the end of the term . Mr . Stewart stated the same effort to review other leases will be made and he appreciates the Chairman ' s leadership in this area . Mrs . Ketchel made motion , seconded by Mr . Harris , to approve the lease amendment with Emerald Coast Beach Management , Inc . Mr . Windes announced that because of certain business interests and March 15 , 2016 -16- Minute Book 74 , Page 170 Okaloosa County Board of County Commissioners a possible perception of conflict of interest he will abstain from voting . 4 yeas , 1 abstained . (Mr . Windes abstained . ) Mr . Stewart stated the lease terms for Surf side Ventures are nearly identical . Mrs . Ketchel made motion , seconded by Mr . Harris , to approve the lease amendment. with Surfside Ventures , Inc . 4 yeas , 1 abstained . (Mr . Windes abstained . ) PUBLIC COMMENTS Mrs . Rebecca Sherry , Okaloosa Island , referenced a Board action on February 16 to establish a committee to look for ways to improve Code Enforcement services . She suggested a committee also be established to review Public Works ' activities . Mrs. Sherry explained that the procedure to obtain FDEP approval to plant sea oats and called it friendly and fast. She advised that recently they received notification from the county ' s Public Works Department the group must now make application for this activity through the county ' s Parks Di vision . Mrs. Sherry questioned this added layer of regulation . She also asked the Board to consider a requirement for its department heads to come before the Board and the public when they implement new rules . Mrs . Sherry objected to a department "growing itself. u ADJOURNMENT There being no further business to come before the Board , the meeting was adjourned at 9 : 53 a . m. J. D. PEACOCK II CHARLES K. WINDES , JR ., CHAIRMAN CLERK OF CIRCUIT COURT BOARD OF COUNTY COMMISSIONERS (These minutes were transcribed by Teresa Ward.) March 15 , 2016 -17- Minute Book 74 , Page 171 Okaloosa County Board of County Commissioners  FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY. MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS 0 OTHER LOCAL AGENCY CITY COUNTY DATE ON WHICH VOTE OCCURRED WHO MUST FILE FORM 88 This form is for use by any person serving at