Okaloosa County BOCC — October 16, 2012 — Minutes

October 16, 2012 Regular Tuesday Meeting The regular Tuesday meeting of the Okaloosa County Board of County Commissioners was called to order at 6:00 p.m. at the Water & Sewer Administration Building. Members present were Don R. Amunds, Chairman; Dave Parisot, Vice Chairman; Wayne Harris; and Bill Roberts. Also present were Gary J. Stanford, Finance Officer, Clerk’s Office; John R. Dowd, County Attorney; James Curry, County Administrator; and members of the press. PUBLIC INFORMATION OFFICER UPDATES Mrs. Kathy Newby, Public Information Officer, played the promotional advertisement for the Okaloosa Today program which airs on Cox Channel 6. She noted that Tourist Development Director Daniel O’Byrne will be the next guest on the program. Mrs. Newby reported the Tourist Development Department has a new website which provides information for residents who would like to know more about the department. In other news, Mrs. Newby pointed out Okaloosa Public Arts has provided a new art exhibit in the Annex Extension Building. She added there is also a tribute to the late Newman C. “Buddy” Brackin, Clerk of Circuit Court. She asked everyone to save the dates of November 5, 2012 for the grand opening of the new Extension Building in Crestview and November 9 for the groundbreaking ceremony for Veterans Park. COUNTY ADMINISTRATOR’S UPDATE Mr. Curry stated one of the items on tonight’s agenda is the consideration of a lease agreement with Emerald Coast Wildlife Refuge for a 3.6-acre parcel on Okaloosa Island. He said the other two lease agreements for county-owned Island property with Wet Willy’s and AquaGreen have been submitted to the Growth Management Department for processing of development orders. COMMISSIONER PARISOT – UPDATE ON GULF COAST CONSORTIUM Mr. Parisot informed the Board that 19 of the 23 counties have joined the Gulf Coast Consortium and indications are that all 23 counties will join. October 16, 2012 -1- Minute Book 68, Page Okaloosa County Board of County Commissioners CONSENT AGENDA APPROVAL Mr. Harris made motion, seconded by Mr. Roberts, to approve the Consent Agenda (Items #1 through #22). 4 yeas. 1. September 6, 2012 Tentative Budget Hearing Minutes 2. September 11, 2012 RESTORE Act Workshop Minutes 3. September 18, 2012 Regular Meeting Minutes 4. September 18, 2012 Final Budget Hearing Minutes 5. Resolution amending FY 2012 Budget, General Fund (cost allocation appropriations) RESOLUTION NO. 12-144 (BA #147) 6. Resolution amending FY 2012 Budget, E911 Operations Fund (appropriations for state-shared 9-1-1 fees) RESOLUTION NO. 12-145 (BA #148) 7. Resolution amending FY 2012 Budget, Prisoner Benefit Fund (appropriations from under-budgeted revenues) RESOLUTION NO. 12-146 (BA #149) 8. Resolution amending FY 2012 Budget, Capital Outlay Construction Fund (fiber reimbursements) RESOLUTION NO. 12-147 (BA #150) 9. Resolution amending FY 2012 Budget, Airport Enterprise Fund (FAA grant to rehabilitate public parking facilities and security-related areas) RESOLUTION NO. 12-148 (BA #151) 10. Resolution amending FY 2013 Budget, General Fund (budget transfer from Health Department) RESOLUTION NO. 12-149 (BA #6) 11. Budget Transfer: County Health Department Fund; transfer $18,640 to General Fund to increase PAWS contract; BT-13-01 12. Resolution amending FY 2013 Budget, General Fund (FDOT Operating Assistance Block Grant) RESOLUTION NO. 12-150 (BA #7) 13. Resolution amending FY 2013 Budget, Law Enforcement Trust Fund (cash carried forward) RESOLUTION NO. 12-151 (BA #8) 14. Budget Transfer: Road & Bridge Construction Fund; transfer from reserves to cold mix rehabilitation, transfer from road striping to road millings and transfer from District II resurfacing account to road millings; BT-13-02 15. Tourist Development: Emerald Coast Convention Center Elevator Addition--Change Order #1 with Lord & Son increasing contract sum by $2,035 and 49 days and final invoice (Application #7RET) from Lord & Son for $37,733.50 16. Public Event Permit request from Special Forces Association Chapter 7 for Jingle Bell Jog on December 8, 2012 October 16, 2012 -2- Minute Book 68, Page Okaloosa County Board of County Commissioners 17. Public Defender: Request to transfer $88 from IT Reserves to line item 53101 Salaries 18. Purchasing: Removal of surplus property from Fixed Asset List: 2003 Winnebago Adventurer Motor Home 19. Corrections: final payment (Invoice #7202000530) to Aramark Food Service for $6,971.32 20. Public Works: Request to allow Purchasing Department to seek quotes rather than formal bids for purchase of asphalt millings 21. Judicial: Final payment request (September 1-30, 2012) from Emerald Coast Children’s Advocacy Center in the amount of $11,243.38 22. Resolution authorizing Surety Land Title of Florida to prepare quitclaim deeds for successful bidders converting their Okaloosa Island leasehold interests to fee simple titles (Thomas and Darlene K. Speed; Kenneth Comiksey and Julia Harvey; Thomas E. and Amrett B. Littleton) RESOLUTION NO. 12-152 4 yeas. WATER & SEWER SYSTEM – SERVICE AGREEMENT WITH COX COMMUNICATIONS FOR FIBER OPTICS NETWORK TO SUPPORT SCADA SYSTEM Mr. Jeff Littrell, Water & Sewer System Director, requested this item be removed from consideration because he would like to coordinate with the IS Department more on this issue. AIRPORTS – APPROVAL OF TASK ORDER NO. 8 WITH REYNOLDS, SMITH AND HILL FOR PREPARATION OF ENVIRONMENTAL ASSESSMENT FOR AIR TRAFFIC CONTROL TOWER AT DESTIN AIRPORT Mr. Greg Donovan, Airports Director, requested approval of Task Order No. 8 with Reynolds, Smith and Hill, Inc. (RS&H) to prepare the environmental assessment for the new air traffic control tower at the Destin Airport. RS&H will develop an environmental assessment which complies with the requirements and guidelines of FAA Orders 1050.1E, Environmental Impacts Policies and Procedures 5050.4B and NEPA Implementing Instructions for Airport Actions. The proposed project will also include the development of the air traffic control tower, an access road and parking areas. Mr. Donovan stated these efforts are eligible for reimbursement by FAA at 90%. The remaining local match will come from airport-generated funds. The amount of the task order is $108,320. Mr. Parisot made motion, seconded by Mr. Harris, to approve Task Order No. 8 with Reynolds, Smith and Hill. 4 yeas. October 16, 2012 -3- Minute Book 68, Page Okaloosa County Board of County Commissioners PUBLIC WORKS – VESSEL TRAFFIC STUDY FOR EXTENSION OF “SLOW SPEED MINIMUM WAKE ZONE” AT EAST PASS Mrs. Zan Fedorak, Public Works Department, stated she will be filling in tonight for John Hofstad (Director) who is ill. Mrs. Fedorak reported that a grant application was submitted for a vessel traffic study for extension of the Slow Speed – Minimum Wake Zone for East Pass; however, staff received notification in late September that Okaloosa County was not selected for the grant award. She stated the estimated cost of the study is $34,337. The City of Destin has committed its annual Florida Boating Improvement Fund (FBIF) allotment of $15,000 toward the cost of the study. Mrs. Fedorak requested Board direction. Mr. Amunds asked if Public Works has money in its budget for the remaining cost of the study. Mrs. Fedorak answered the money could be taken from the FBIF reserve funds which currently total about $33,000. Mr. Parisot commented those FBIF monies are to be used for expansion of the boat trailer parking area on the Island and for Veterans Park. He considered these two projects of higher priority than the vessel study. Mr. Parisot said he recalls the Board stated they would support the study contingent upon the grant award. Mr. Harris agreed and made motion, seconded by Mr. Parisot, to disapprove moving forward with the vessel study. 4 yeas. PUBLIC WORKS – REQUEST FOR PUBLIC HEARING TO AMEND SOLID WASTE ORDINANCE Mrs. Fedorak asked for Board direction regarding a proposal to amend the Solid Waste Ordinance by implementing the collection of a deposit for solid waste services for all new customers and for customers with a record of non-payment for the previous 12- month period. She stated “We have $180,000 in annual bad debt expenses.” Mr. Amunds corrected her and said the county does not have these bad debts. Mr. Harris stated that is Waste Management’s problem. Mr. Parisot reported this has become a “sticky wicket” in contract negotiations with Waste Management regarding the enhanced recycling program. Mr. Harris stated Waste Management should be responsible for its only collection of bad debts. He also termed implementation of a solid waste deposit and October 16, 2012 -4- Minute Book 68, Page Okaloosa County Board of County Commissioners negotiations for a enhanced recycling program as mixing apples and oranges. Mr. Amunds stated the contract with Waste Management is for $50 Million over five years and questioned the emphasis placed on $180,000 for bad debts. He said people are hurting out there and the economy continues to struggle. Mr. Amunds stated imposing this deposit on people coming to our county is not friendly. Mr. Roberts agreed, saying a deposit is a fee and a fee is a tax. He also said this should not be used as a leverage tool in contract negotiations. Mr. Harris made motion, seconded by Mr. Roberts, to disapprove the request for a public hearing to amend the Solid Waste Ordinance. 3 yeas, 1 nay. (Mr. Parisot voted no.) PUBLIC WORKS – AMENDED BY-LAWS FOR PARKS ADVISORY COMMITTEE Mrs. Fedorak stated the revisions to the Parks Advisory Committee By-Laws were approved by the Committee on October 2. She submitted the By-Laws for consideration. She also distributed a sheet showing current positions and vacancies on the committee. Mrs. Fedorak reported the changes allow for more flexibility in the appointment of members and eliminates the term “Alternate.” Meetings are scheduled to occur at least monthly and the definition of a quorum is clarified. The Public Works Director is also given some authority for removal of members for lack of participation. Mr. Harris said he believes there is a core group of people who will bring life to this committee. He felt a lack of leadership in the past was a big issue. Mr. Harris noted that he will find an individual to represent District I on the committee as it is now vacant. He said it will also be necessary to find someone to represent District V. Mr. Parisot thanked the committee for its work on the By-Laws and said he believes it will be a better organization. Mr. Parisot made motion, seconded by Mr. Harris, to approve the revisions to the By-Laws for the Parks Advisory Committee. Discussion ensued regarding appointments and making provisions for having meetings without a quorum. Mr. Harris pointed out they will seek volunteers rather than just appoint someone and there is nothing pressing to force a meeting in the near future. Mr. Amunds said staff will work on this issue and return with a recommendation to the Board. 4 yeas. October 16, 2012 -5- Minute Book 68, Page Okaloosa County Board of County Commissioners PURCHASING – PROPOSED CONTRACT WITH LORD & SON FOR RENOVATION OF SHALIMAR ANNEX Mr. Richard Brannon, Purchasing Director, presented a proposed contract with Lord & Son Construction for Phase I of the renovations to the Shalimar Annex. The estimated cost of the renovation project is $6 Million. Phase one will cover design- build and architectural services for a cost of $166,597. He pointed out there is verbiage to cancel the work if the county is not successful in the appeal challenge regarding the Reverter Clause at the Shalimar Annex. (NOTE: In February 2012, Lord & Son was selected as the top- ranked firm out of the 12 firms which responded to the Request for Proposals issued in November 2011.) Mr. Curry stated this contract will cover Phases I and II and there will be an opportunity to terminate the contract at the end of Phase I if the county loses the appeal challenge. Mr. Parisot stressed the importance of this contract coming back to the Board at the end of Phase I. Mr. Curry continued, saying there is a critical timeline to be considered. It is anticipated a decision will be made in the legal challenge by February or March 2013. If the county is successful in the challenge, it should be prepared to begin renovations because the lease for the Property Appraiser and Tax Collector at Up Town Station will expire in February 2014. Upon inquiry by Mr. Roberts, Mr. Curry stated a priority will be placed on renovating office spaces for the Property Appraiser and Tax Collector at the Shalimar Annex which will eliminate the half- million dollar lease rental for their offices. Mr. Parisot made motion, seconded by Mr. Roberts, to approve the contract with Lord & Son Construction for Phases I and II with the proviso the contract is returned to the Board for review before Phase II. 4 yeas. PUBLIC HEARING – REQUEST OF PHILLIP AND DEBORAH JENNINGS TO VACATE PORTION OF 15TH STREET IN PINE CREST S/D, NICEVILLE (6:30 P.M. Mr. Stanford read the advertised legal notice for public hearing to consider the request of Mr. and Mrs. Phillip Jennings to vacate the northern one-half of unimproved 15th Street, measuring 25 feet by 150 feet and lying west of Pine Avenue and south of October 16, 2012 -6- Minute Book 68, Page Okaloosa County Board of County Commissioners and adjacent to Lots 10, 11, and 12 of Block 66, Valparaiso Realty Company’s Pine Crest Addition to Valparaiso. Mrs. Fedorak stated this subdivision was platted in 1926. She th pointed out the adjoining portion of 15 Street was previously vacated by the Board. Mrs. Fedorak reported some opposition to the request has been received. Mr. Amunds stated that earlier today he received faxed letters from Wayne Watts opposing the vacation. Mrs. Fedorak said some children and families use this area as a pass-through, stating there are no sidewalks on Valparaiso Boulevard. She also advised that if it is approved, the county will retain a utility easement. Mr. Amunds opened the floor for public comment but no one came forward to speak. Mr. Parisot said he has a concern about the ditch and stormwater runoff. He stated that he had spoken with Mr. Hofstad who saw no problem. Mr. Parisot posed a concern about Mr. Jennings installing a fence if the request is approved. Mrs. Fedorak responded that fence installation is allowed but the petitioner cannot build any structure on the vacated property. Mr. Harris commented that even if the property is not vacated and someone is injured there, the county is liable. Mr. Dowd explained that if there is a known dangerous condition, the county would be liable. He said that Mr. Watts’ stated in his letters that his grandchildren use this strip of land to travel between their home and his. Mr. Harris stated the staff’s recommendation is to approve the vacation request. Upon inquiry by Mr. Roberts, Mrs. Fedorak answered staff is familiar with the objections and said they go back to the previous vacation of property on 15th Street in 2011. Mr. Parisot asked if only a portion of the request could be granted, leaving several feet for use by neighbors. Mr. Dowd said it will be necessary to re-advertise with those specifications. Mr. Roberts suggested tabling the hearing and asking staff to return with more input. He then made motion, seconded by Mr. Harris, to table this public hearing until November 20 at 9 a.m. in Fort Walton Beach. October 16, 2012 -7- Minute Book 68, Page Okaloosa County Board of County Commissioners Mr. Phillip Jennings, petitioner, stated some of the photographs used by the department to discuss this hearing request are not of the subject right-of-way. He clarified the photographs on the screen and pointed out the boundary of the county’s ownership. He noted on the picture accurately showing the requested right-of-way vacation that there will be four or five feet beyond that boundary that would still be open for foot traffic. Mr. Jennings reported the problems he has had with ATVs and golf carts traversing this area. Mr. Parisot stated the county has already vacated the other portion of the right-of-way but no fence was installed. Mr. Harris said a precedent has been set. The vote was taken on the motion to table—4 yeas. PUBLIC HEARING – ORDINANCE AMENDING BEACH RESTORATION MSBU ORDINANCE; RESOLUTION REFUNDING ASSESSMENTS FOR CERTAIN EXCLUDED PROPERTIES (6:30 P.M.) Mr. Stanford read the advertised legal notice for public hearing to consider adoption of an ordinance amending Ordinance No. 07- 71, making various legislative findings, removing certain properties from the Destin sub-area of the Okaloosa County Beach Restoration Project Municipal Services Benefit Unit (MSBU) and ordering refunds to properties excluded from the assessment area. Mr. Daniel O’Byrne, Tourist Development Director, stated attorney Steve Hall is present to answer any questions. Mr. Hall stated this is the final step in the settlement to set aside the lawsuit and to go forward with the West Destin Beach Restoration Project. He pointed out these are the same steps taken when Oceania Condominium was removed from the MSBU. Mr. Hall said earlier this year when the annual assessment resolution was adopted by the Board, the subject properties in the West Destin sub-area were not included. Mr. Amunds opened the floor for public comment but no one came forward to speak. Mr. Harris read an email letter he received from Annette Riedemann on October 15 with regard to the subject hearing. Ms. Riedemann lives on Holiday Isle, north of Gulf Shore Drive on Durango Road. She said that she is about four blocks from the nearest beach access. Ms. Riedemann stated, “If property owners October 16, 2012 -8- Minute Book 68, Page Okaloosa County Board of County Commissioners directly on the beach can get exemption from this tax and also get a refund for taxes already paid, then I feel all other owners like myself be given the same consideration.” She continued, “As I understand the issue, these property owners on the beach do not want their section to be restored. But, I am sure they will still be using the beach for recreation purposes. Some of the property owners even rent their properties to vacationers and for wedding and other private party groups.” Mr. Harris stated he agrees with her 100% and termed it as selective taxing. He said in his opinion “We have opened a bucket of worms when we did it before.” Mr. 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 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 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 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 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 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 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 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. 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 total cost of the project is $39,367 with the county’s obligation being $21,973.50. Mr. Matt Trammell, Taylor Engineering, gave a brief PowerPoint presentation on the scope of the project. The items covered in the talk were: • Project area (El Matador Condo to Beasley Park) October 16, 2012 -13- Minute Book 68, Page Okaloosa County Board of County Commissioners  • Native Dune Vegetation (70% sea oats/30% other natives; 4- inch container plants) • Sand fencing • Enhancements to existing public access (post and rope along existing pathways; rope along sand fencing) • Education signage (along toe of dune and large signs at existing major accesses) Mr. Trammell stated concern has been expressed about the volunteer planting projects. He said the contractor will be encouraged to use volunteers. Mr. Trammel said the contractor will have stringent requirements to use plants which do not require water and must have a survivability of 80% to 90% 180 days out or they must be replaced. Existing vegetation cannot be damaged. He said there is also an issue of insurance and liability for volunteers. Mr. Trammel repeated use of volunteers will be encouraged but not required. Mr. Jim Trifilio, Coastal Management Coordinator, stated the cost of the project falls below the threshold for Board approval but they thought it was appropriate to bring the project to the Board. He advised the project will be funded by tourist development tax dollars and a State grant. Mrs. Rebecca Sherry, President of the Condo Alliance on Okaloosa Island, stated the county project will take place after the scheduled volunteer planting in March 2013. She asked that bid services take into consideration the volunteer efforts. Mrs. Sherry felt a coordinated response of volunteers supplemented by the county’s paid efforts is most beneficial. Mrs. Sherry thanked Mr. Parisot for information provided earlier today about registration for NRDA funding. She stated the Condo Alliance has taken the first step to register with the State. Mr. Harris thanked Rebecca and Dave Sherry and the volunteers for their efforts. He said it would be wrong not to include them in this project. Mr. Parisot referred to Mrs. Sherry’s comments on registering with the State for NRDA funding. He said all contracting is being done by the State and the volunteers must qualify. Mr. Parisot stated the volunteers are planning to plant about 1.5 miles of the same stretch the county is going to contract out and asked Mr. Trifilio for comment. October 16, 2012 -14- Minute Book 68, Page Okaloosa County Board of County Commissioners Mr. Trifilio said the volunteer efforts and the county’s efforts should be complementary, not competitive. He said they are looking at performing the Destin and Okaloosa Island projects at the same time to take advantage of better pricing for the plants. Mr. Trifilio said construction could begin in February 2013. Mr. Parisot made motion, seconded by Mr. Harris, to approve Task Order No. 13 with Taylor Engineering. 4 yeas. TOURIST DEVELOPMENT – BEACH RESTORATION REVENUE NOTE, SERIES 2012; SELECTION OF HANCOCK BANK AS PROVIDER Pursuant to Board directive on September 18, 2012, staff issued a Request for Proposals (RFP) for a “non-bank qualified” loan for Beach Restoration Revenue Note, Series 2012 not exceeding $5 Million as partial funding for the Western Destin Beach Restoration Project. Proposals were reviewed by staff, the financial advisor (First Southwest), and Bond Counsel Mark Mustian. Mr. O’Byrne requested the Board approve the selection of Hancock Bank as the financial institution for this revenue note. Mr. Mustian stated in addition to the selection of Hancock Bank as the provider, he is requesting the Board adopt a resolution authorizing the issuance of the note and all associated financial documents. He pointed out the documents were provided in the agenda package to allow review. Mr. Mustian stated prepayment of the loan is allowed at any time and there is no required reserve account. Mr. Parisot made motion, seconded by Mr. Harris, to approve the selection of Hancock Bank; adopt the resolution authorizing issuance of the $5 Million Beach Restoration Revenue Note, Series 2012; and authorize execution of all closing documents. 4 yeas. RESOLUTION NO. 12-142 NEW BUSINESS – STATE AND FEDERAL LEGISLATIVE ISSUES Mr. Curry stated the next item is discussion of State and Legislative issues. Mr. Harris stated he would like for the new entrance road (Boulevard) to Bob Sikes Airport to have a higher priority than Hare Street. Mr. Parisot said he believes there will be right-of-way issues on Hare Street and agreed with Mr. October 16, 2012 -15- Minute Book 68, Page Okaloosa County Board of County Commissioners Harris on the priority of the Boulevard or Gateway to Bob Sikes Airport. Mr. Harris felt the entry to Bob Sikes Airport should be the number one priority and Fairchild Road should be number two. Mr. Parisot stated counties around the state who have taken on the duties of the DMV, like Okaloosa County, are losing money on this added responsibility. He felt getting more of the State’s share for the basic driver’s license cost should be added to the State Legislative list. Mr. Harris said EPA may come back on the mercury/nutrient levels for wastewater and suggested we look at that concern. Upon inquiry by Mr. Amunds, Mr. Curry responded the issues are not listed in any particular order because there are several different pots of money at the Federal level. He requested the lists be adopted at this time, noting they can continue to be amended. Mr. Harris made motion, second by Mr. Parisot, to approve the State and Federal Legislative Issues for 2013. 4 yeas. NEW BUSINESS – MEETING SCHEDULE FOR JANUARY, FEBRUARY, AND MARCH 2013 Mr. Curry asked for consideration of the schedule for meetings and workshops for the second quarter of FY 2013 (January, February, and March). Mr. Harris made motion, seconded by Mr. Parisot, to approve the schedule as presented. 4 yeas. NEW BUSINESS – NAMING OF NEW OKALOOSA COUNTY AGRICULTURE EXTENSION BUILDING Mr. Roberts stated November 5 will be a special day for this county with the grand opening of the new Agriculture Extension Building in Crestview. He referred to recently retired Extension Agent Gerald Edmondson whose persistent help make this a reality. Mr. Roberts said he believes it would be appropriate to name the new facility the Gerald Edmondson Extension Building. Upon inquiry by Mr. Harris, Mr. Dowd stated approval is not needed from the University of Florida because it is a county-owned facility. Mr. Roberts made motion, seconded by Mr. Harris, to name the building after Gerald Edmondson. 4 yeas. October 16, 2012 -16- Minute Book 68, Page Okaloosa County Board of County Commissioners COUNTY ADMINISTRATOR’S RETIREMENT Mr. Harris said he has spoken with Mr. Curry about his retirement and he believes it is time to begin looking for Mr. Curry’s replacement. Mr. Amunds said he believes it is important to have a new County Administrator in place before the budget process begins for next year. Mr. Curry encouraged the Board to get an early start. COUNTY ADMINISTRATOR – CHANGE IN AGENDA FORMAT Mr. Curry stated a major change is forthcoming. He said today’s meeting is the last time the commissioners will be relying on large notebooks with printed agenda requests and backup documents. He said the new MinuteTraq system will be used at the first meeting in November. Mr. Curry pointed out this new system will be on the county’s website and citizens will be able to see all documents. VISITOR – JODY SMALLWOOD, COLLEGE STUDENT Mr. Jody Smallwood, Lakeview Drive, Crestview, thanked the commissioners for their service to the county. He said that he is a student at Northwest Florida State College and his class was tasked with reviewing the county budget and reducing it by 10% without cutting major functions. He said one of the questions which arose during class discussion was why the Parks budget is $2.2 Million when it has a $3.9 Million Reserve Fund. Mr. Curry answered that many times there are projects which may be years in the making and you try to build up funds so when the engineering portion of the project has been completed, there are funds available to carry out the construction phase. He told Mr. Smallwood that cutting 10% from the budget is quite a homework assignment. Mr. Curry provided him with his card and said he will be happy to talk with him about the budget process. ADJOURNMENT There being no further business to come before the Board, the meeting was adjourned at 8:00 p.m. _____________________________ _______________________________ DON W. HOWARD DON R. AMUNDS, CHAIRMAN CLERK OF CIRCUIT COURT BOARD OF COUNTY COMMISSIONERS (These minutes were transcribed by Teresa Ward.) October 16, 2012 -17- Minute Book 68, Page Okaloosa County Board of County Commissioners