Okaloosa County Tourist Development Council — October 16, 2012 — Minutes — reading text

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