Okaloosa County BOCC — October 16, 2012 — reading text

Parisot pointed out that in a previous meeting he suggested omitting those property owners paying the recreational assessment north of Gulf Shore Drive. He said the remaining funds in the MSBU and the penny bed tax will cover the Beach Restoration Revenue Note. Mr. Parisot reiterated he believes the Board should provide relief regarding the recreational assessment. Mr. Roberts stated he has a different opinion. He stressed the importance of the big picture and noted when the City of Destin conducted a survey, the majority of property owners were in agreement. Mr. Roberts said the Board has let 13 properties owners and Oceania Condominium out of the MSBU because of a court battle. He again said the big picture is beach restoration and he believes the majority of the people want that. Mr. Amunds asked Mr. Hall if the Board approves it tonight, can they at some time in the future reconsider the issue and amend the ordinance with regard to the recreational assessment. Mr. Hall replied the Board will be limited in what it can do because of the language in the advertised notice for tonight’s hearing. He also advised that later in the meeting the Board will consider a Beach Restoration Revenue Note which will pledge revenues that are included in the special assessment. Mr. Mark Mustian, County’s Bond Counsel with Nabors Giblin & Nickerson, stated a Request For Proposals (RFP) was issued to receive proposals from banks for a note for the beach restoration project. Pledging one cent of the tourist tax and revenues from the special beach restoration MSBU assessment are required. Any amendment to the loan documents will require bank consent. Mr. Mustian stated if the Board wants to amend the October 16, 2012 -9- Minute Book 68, Page Okaloosa County Board of County Commissioners Packet Pg. 54  7.1.a MSBU, then the county should talk to the bank before closing on the loan. Mr. Harris said he has only heard from one person and asked how much the recreational assessment is. He was told it is $53 per year. Mr. Curry reported the City of Destin opened bids for Attachment: October 16, 2012 Minutes (1186 : Minutes for October 16, 2012 Regular Meeting) construction of the project today. Jim Trifilio, Coastal Management Coordinator, verified that Destin did open bids earlier today. Those bids ranged from $6.8 Million to $8.5 Million. He expects the Destin City Council to award the bid next Monday. Mr. Dowd pointed out that if the Board does not take action on the proposed ordinance, the City cannot award the bid. Mr. Mustian explained that the way the loan is set up, the assessments are pledged and used before the penny bed tax. He reiterated that the bank must approve any amendments. Mr. Parisot commented that if you wanted a refund, it appears you have to sue someone. Mr. Harris referred to the statement he read from Ms. Riedemann and noted that is only one person’s opinion. He said he would like to hear objections from many more property owners that the assessment is unfair before taking any action. Mr. Harris stated he is not opposed to the ordinance at this time. Mr. Roberts made motion, seconded by Mr. Harris, to adopt the ordinance as presented and to adopt a resolution authorizing payment of refunds to certain property owners excluded from the Beach Restoration MSBU. 3 yeas, 1 nay. (Mr. Parisot voted no.) ORDINANCE NO. 12-23 RESOLUTION NO. 12-143 PURCHASING – EMERALD COAST WILDLIFE REFUGE LEASE Mr. Richard Brannon, Purchasing Director, brought for consideration a lease with Emerald Coast Wildlife Refuge (ECWF) for 3.6 acres on Okaloosa Island. The proposed term is for ten years with four optional ten-year renewals. He said the lease is similar to the leases with AquaGreen and Wild Willy’s. Mr. Harris stated that it will be difficult for a bank to loan money on a ten-year lease. Mr. Roberts said he spoke with October 16, 2012 -10- Minute Book 68, Page Okaloosa County Board of County Commissioners Packet Pg. 55  7.1.a Amanda Wilkerson, Director of ECWR, and asked her to comment on the proposed lease. Ms. Wilkerson said the ECWR Board of Directors would like to request a thirty year lease with two ten-year options. She advised the request is based on financing and donors. Mr. Harris asked if a twenty-year lease with an option for ten additional years is acceptable. Ms. Wilkerson replied “That would be better.” Mr. Harris recommended twenty years with an option for ten additional years and negotiations Attachment: October 16, 2012 Minutes (1186 : Minutes for October 16, 2012 Regular Meeting) for a different lease amount at the ten-year mark. After a brief discussion Mr. Harris stated he will make a motion to that effect. Mr. Parisot asked if compliance with Okaloosa Island Covenants will be included in the lease. He also asked if consideration will be given to the plans for a boardwalk along the bay, noting the proposed lease goes all the way to the water. Ms. Wilkerson stated ECWR has previously agreed to that. Mr. Parisot felt it should be in the lease and Mr. Harris agreed. Mr. Brannon referred to Item #25 on Page 7 which outlines compliance with the Restrictive Covenants of Okaloosa Island. Mr. Parisot questioned review by the Okaloosa Island Leaseholders Association Architectural Review Committee. Again, Mr. Brannon advised compliance with the Covenants is outlined in two places in the lease. Mr. Parisot said Item #26 does not specify how much construction must be completed at the end of two years. He asked if the ECWR has submitted any plans. Mr. Brannon responded the lease states construction must be completed and operational within two years. Mr. Harris commented that he does not see any problem and it seems clear. Mr. Parisot renewed his concern about what must be completed at the end of two years. Mr. Harris responded they cannot submit anything until they get a lease and he is not going to micromanage this. Mr. Amunds stated the ECWR has been awesome, noting they are talking about building a half-million dollar structure. He pointed out that if the lease requirements are not fulfilled at the end of two years, the property will be returned to the county. Mr. Parisot did not want his comments to be misleading and said he fully support ECWR. He said he has not seen anything officially on what the organization plans to do. October 16, 2012 -11- Minute Book 68, Page Okaloosa County Board of County Commissioners Packet Pg. 56  7.1.a Ms. Wilkerson stated they would be ready to submit the DO in 45 days and begin with the rehabilitation clinic and Phase I will include the education center. She stated the reason they have been delayed in presenting anything on the property is because of their involvements following the BP oil spill took much of staff’s time. Mr. Harris made motion, seconded by Mr. Roberts, to approve the Attachment: October 16, 2012 Minutes (1186 : Minutes for October 16, 2012 Regular Meeting) lease with a modification of term for twenty years with an option for ten additional years and an opportunity ten years into the lease to renegotiate the lease fee. Mr. Harris added a provision for the construction of the boardwalk. 4 yeas. PURCHASING – DISCUSSION AND GUIDANCE REGARDING ZIMMERMAN PROTEST ON TOURIST DEVELOPMENT ADVERTISING/MARKETING CONTRACT AWARD Mr. Brannon stated at the October 2, 2012 BCC meeting, the Board authorized staff to negotiate with the number 1 ranked firm (Peter Mayer Advertising) for marketing and advertising services for the Tourist Development Department. Subsequently, the Zimmerman Agency filed a formal protest relating to the evaluation process and the recommended award to Peter Mayer Advertising. Mr. Brannon said the county’s protest procedures were followed. Mr. Curry and Mr. Dowd were required to review all records and make a recommendation to the Board. Mr. Harris stated he sat on the review committee and a question arose when they learned two firms—Noise, Inc. and Zimmerman Agency—had contracts with a competing local area. He said the firms were graded on their presentations. Mr. Harris added that Noise stated if it was awarded the bid, they would cancel their contract with Santa Rosa Beach. Mr. Dowd stated he and the County Administrator met in accordance to protest procedures. He said their recommendation was prepared after review of considerable evidence. Mr. Dowd advised their recommendation is to deny the protest. They concluded the ranking and selection conducted by the Screening Committee was fair and non-discriminatory and consistent with the purchasing policies of the county and the RFQ. He said the rankings and process was not arbitrary and capricious but reasonable and fair. Mr. Harris made motion to deny the protest. October 16, 2012 -12- Minute Book 68, Page Okaloosa County Board of County Commissioners Packet Pg. 57  7.1.a Mr. Parisot said he would like to reword that and made motion to approve the recommendation of Mr. Dowd and Mr. Curry to deny the protest. Mr. Harris stated that he will accept that. Mr. Dowd asked for the motion to also waive the irregularity of bringing the recommendation of the screening committee to the Board before the protest was filed. Mr. Parisot amended his motion to include the County Attorney’s remarks. Mr. Harris withdrew his motion and seconded Mr. Parisot’s motion. 4 yeas. Attachment: October 16, 2012 Minutes (1186 : Minutes for October 16, 2012 Regular Meeting) TOURIST DEVELOPMENT – WAIVER OF TERM LIMITS FOR TDC CHAIRMAN; APPROVAL FOR KATHY HOUCHINS TO SERVE THIRD TERM AS TDC CHAIRMAN Mr. Daniel O’Byrne, Tourist Development Director, requested a waiver of the two one-year term limitation for an individual to serve as Chairman of the Tourist Development Council (TDC). If the Board approves the waiver, he will then request Kathy Houchins be approved to serve as TDC Chairman for a third year. The TDC voted unanimously at its August 22 meeting to elect Kathy Houchins to serve as Chairman subject to the Board’s approval and waiver of the term limitation. Mr. Parisot said he would like to table this item and referenced discussion at a future TDC meeting (October 24) on the Tourist Develop Operations Manual. He noted that currently the policies and procedures do not allow an individual to serve as Chairman (or Vice Chairman) more than two fiscal years. Upon inquiry by Mr. Amunds, Mr. O’Bryne stated Ms. Houchins’ termed expired on October 1. Mr. Parisot made motion, seconded by Mr. Harris, to table this item until November 20. 4 yeas. TOURIST DEVELOPMENT – TASK ORDER NO. 13 WITH TAYLOR ENGINEERING, OKALOOSA ISLAND DUNE FLORA RESTORATION AND BEACH ACCESS MANAGEMENT PROJECT Mr. O’Byrne requested approval of Task Order No. 13 with Taylor Engineering for the Okaloosa Island Dune Flora Restoration and Beach Access Management Project. The