Okaloosa County BOCC — February 4, 2014 — Minutes

December 17, 2013 Regular 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 in Fort Walton Beach. Members present were Don R. Amunds, Chairman; Dave Parisot, Vice Chairman; Wayne Harris; Nathan Boyles; and Kelly Windes. Also present were Gary J. Stanford, Finance Director, Clerk’s Office; Ernie Padgett, County Administrator; John Dowd, County Attorney; and members of the press. PUBLIC INFORMATION OFFICER UPDATES Mrs. Kathy Newby, Public Information Officer, opened her report with a promo for the Okaloosa Today program which airs on Cox Channel 6. Highlights included: e Photograph of ribbon cutting ceremony at Stillwell Park (Phase IT) e Promotion of the Eco-Nomic Living Expo to be held on February 1, 2014 at the Emerald Coast Convention Center e Brief report of the University of Miami’s coastal experiment to study the path of oil spills e Sealing of the county’s time capsule e Christmas tree at Northwest Florida Regional Airport terminal COUNTY ADMINISTRATOR’ S UPDATE Mr. Padgett remarked he will have a comment regarding the consent agenda but he has nothing else at this time. COUNTY COMMISSIONER’ S MINUTE Mr. Amunds requested Mr. Padgett and Mr. Dowd review the Beach Restoration MSBU and determine the feasibility of abolishing it. Secondly, he said there have been some changes in uses of Tourist Development tax revenues and asked staff and legal to determine if bed tax revenues can be used to support museums within that taxing district. Mr. Parisot referred to a newspaper article and stated Okaloosa County received two Natural Resources Damage Assessment Grants. One for more than $10 Million is for restoration of Norreigo December 17, 2013 -1- Minute Book 70, Page 168 Okaloosa County Board of County Commissioners Point and the other for $4.7 Million will go to the City of Fort Walton Beach for a project along Santa Rosa Sound. Mr. Boyles said he previously raised a question about the alignment of Fairchild Road. He stated staff pulled information together and the proposed alignment is the best possible option. Secondly, Mr. Boyles stated he solicited feedback regarding the policy to reward longevity of employees and learned more about the process. He said he appreciates the good employees the county has and is looking into better ways of recognizing them. Mr. Boyles stated he will look into it further and report back in the new year. Mr. Amunds stated he understands the program of recognizing years of service at five-year intervals but there are many employees who go above and beyond their everyday tasks and the commissioners never learn about those efforts. Mr. Harris stated he will reserve his comments on the loyalty and longevity awards until later. Continuing, he reported that he went on a great trip with 34 other people to Hamburg, Germany . The coalition toured the Airbus facilities with the hopes of capturing Tier 1, 2, and 3 subcontractors for the manufacturing of the plane. He said although it may be five to seven years down the road, work should be started now. Mr. Harris pointed out that it takes eight years to build one of these planes. Mr. Windes thanked Mr. Parisot and Destin Mayor Sarah Seevers for their efforts in securing the grant for Norriego Point. PUBLIC COMMENT ON AGENDA Mr. Amunds opened the floor for public comments relating to the agenda. No one came forward to speak. CONSENT AGENDA Mr. Padgett stated he would like to pull Item #19 (request from Sheriff for use of Law Enforcement Trust Fund (LETF) dollars for various crime reduction activities). He said work is continuing with the Nabors, Giblin, Nickerson Law Firm regarding procedures for use of LETF and he is more comfortable with pulling this item at this time and will put it on a future agenda. December 17, 2013 -2- Minute Book 70, Page 169 Okaloosa County Board of County Commissioners Mr. Amunds stated he is pulling Item #18, the sale of Parcel #12 (6.9027 acres) adjacent to Bob Sikes Airport for additional information from Mr. Harman. Mr. Sunil Harman, Airports Director, stated this is for clarification, assuming the Board wants to proceed with the sale of the property. He advised there is a scrivener’s error regarding the indicated value (of one of the appraisals). Mr. Harman stated the $12,000 value per acre is actually $17,000 per acre, rounded up from $16,949.90. The mid-point between the two appraisals is $18,500 per acre or $127,527 for the parcel which is slightly less than seven acres. Mr. Amunds said the two questions/issues are does the Board want to sell the property and the second is whether to sell it for $18,500 per acre. (NOTE : On November 5, 2013, the Board approved the gale of Parcel #14 adjacent to Bob Sikes Airport to Training & Research Center Florida, LLC. The subject parcel is adjacent to Parcel #14.) Mr. Harris commented the acreage adjacent to the subject parcel was cleared and usable, containing 11.94 acres. Mr. Harman confirmed this fact. Mr. Harris stated only 3.5 to 4 acres of Parcel #12 are usable and “that makes a difference.” He said that he spoke with the potential buyer’s representative today and explained the standard used by the Board for negotiating a price. Mr. Harris stated he feels the price quoted above is a bit high and suggested a selling price between $14,000 and $16,000 per acre. Mr. Amunds asked if the buyer would need the two acres which are not usable because of topography for stormwater. Mr. Harman noted that staff has not yet seen a detailed site plan. Upon inquiry by Mr. Amunds, Mr. Harris said the buyer does have a time constraint on the purchase. Upon inquiry by Mr. Parisot, Mr. Harman answered the sale price for the original parcel was $23,500 per acre. Mr. Parisot stated whether or not there are two acres on the parcel which are unusable is immaterial. He said the appraisals (two appraisals were conducted) took that into consideration. Mr. Parisot stated the price for the cleared property (Parcel #14) was $23,500 per acre and value placed on the wooded property (Parcel #12) is $18,500 per acre. He said the commissioners have a responsibility to the citizens of the county not to an individual buyer. December 17, 2013 -3- Minute Book 70, Page 179 Okaloosa County Board of County Commissioners Mr. Parisot stated one of the appraisals is 18 months old and asked Mr. Dowd if it is still valid. Mr. Dowd replied there is no magic date with regard to an appraisal. Continuing, he said he doesn’t think there has been significant changes in real estate market values in the last 18 months. Mr. Parisot stated he has another comment. He said if this is an emergency on the part of the buyer and it is for tax purposes, then he should have started the process long before now. Mr. Parisot stated in the State of Florida, real estate offers must be in writing and we don’t have a written offer. Mr. Harris countered by saying “we do.” Mr. Harman said he understands it was an email. Mr. Boyles remarked we have an investment company that wants to spend money in Okaloosa County and we have industrial property. He said the idea is to have businesses in the industrial park. Mr. Parisot again said there is no signed offer and he feels we may be going out on a limb. Mr. Dowd responded that he does not believe there is a law requiring a signed offer in order to sell property. He said if the Board agrees with the purchase price, we can go forward with closing. Mr. Dowd reiterated that if there is an agreement to pay a certain amount, you can close without a written agreement. Mr. Boyles said the county can extend an offer with a set price and the buyer can accept or reject it in writing. Mr. Amunds stated that in the past the Board has averaged the two appraisals to come up with a price. Mr. Windes advised that he is comfortable using the appraisals as written and he is good with the precedent already established for setting price. Mr. Amunds said the appraisals were $18,500 per acre and $12,000 per acre. Mr. Harman corrected this statement, Saying the appraisals were $17,000 per acre and $20,000 per acre. He stated halfway of the two appraisals would be $18,500 per acre and the total final price would be $127,527. Mr. Parisot made motion, seconded by Mr. Harris, to offer to sell Parcel #12 for $127,527 ($18,500 per acre). 5 yeas. Mr. Parisot referred to Item #15 and stated the cutoff date for the RFQ is not clear and requested explanation. Mr. Don Turner, Facilities Maintenance Director, stated the Purchasing Department will insert the dates in the RFQ. December 17, 2013 -4- Minute Book 70, Page 171 Okaloosa County Board of County Commissioners Mr. Parisot made motion, seconded by Mr. Harris, to approve Items #1 through #17 and Items #20 through #23. 1. TDD: Approval of Task Order #1 with Taylor Engineering in the amount of $106,108 for Veterans Park Living Shoreline Project 2. Airports: Hangar Lease Renewal with Resort Development of Naples Cay, Inc. (Thomas Becnel) for Block 6 Lot 2 at the Destin Airport 3. Airports: Amendment #1 to United Airlines operating and lease agreement, extending agreement from October 1, 2013 to September 30, 2016 and clarifying language 4, Public Event Permit: Fort Walton Beach Chamber request for Mardi Gras Parade on January 18, 2014 5. Public Event Permit: Mid-Bay Bridge Authority request for Inaugural Half Marathon/5K Run/Walk Ribbon Cutting Ceremony and reception on January 4, 2014 6. Finance: Budget Resolutions and Budget Transfer (a) Resolution amending FY 2014 Budget, General Fund (FDOT Section 5311 Rural Public Transportation Grant) RESOLUTION NO. 13-202 (BA #22) (b) Resolution amending FY 2014 Budget, General Fund (FDOT Operating Assistance Block Grant) RESOLUTION NO. 13-203 (BA #23) (c) Resolution amending FY 2014 Budget, General Fund (FTA Section 5307 Capital and Operating Grant) RESOLUTION NO. 13-204 (BA #24) (d) Resolution amending FY 2014 Budget, General Fund (USDOJ Cops Hiring Program Grant) RESOLUTION NO. 13-205 (BA #25) (e) Resolution amending FY 2014 Budget, Tourist Develop- ment Fund (FDOT Urban Corridor Grant for U.S. 98) RESOLUTION NO. 13-206 (BA #26) (£) Resolution amending FY 2014 Budget, Tourist Develop- ment Fund (cash carried forward) RESOLUTION NO. 13-207 (BA #27) (g) Resolution amending FY 2014 Budget, Natural Disaster Special Revenue Fund (cash carried forward) RESOLUTION NO. 13-208 (BA #28) (h) Resolution amending FY 2014 Budget, Local Housing Assistance Trust Special Revenue Fund (cash carried forward) RESOLUTION NO. 13-209 (BA #29) (i) Resolution amending FY 2014 Budget, E 9-1-1 Operations Special Revenue Fund (cash carried forward) RESOLUTION NO. 13-210 (BA #30) December 17, 2013 -5- Minute Book 70, Page 172 Okaloosa County Board of County Commissioners (j) Resolution amending FY 2014 Budget, Radio Communi- cations Special Revenue Fund (cash carried forward) RESOLUTION NO. 13-211 (BA #31) (k) Resolution amending FY 2014 Budget, Law Enforcement Trust Special Revenue Fund (confiscated property proceeds) RESOLUTION NO. 13-212 (BA #32) (1) Resolution amending FY 2014 Budget, Law Enforcement Trust Special Revenue Fund (cash carried forward) RESOLUTION NO. 13-213 (BA #33) (m) Resolution amending FY 2014 Budget, Police Academy Special Revenue Fund (cash carried forward) RESOLUTION NO. 13-214 (BA #34) (n) Resolution amending FY 2014 Budget, County Public Health Special Revenue Fund (cash carried forward) RESOLUTION NO. 13-215 (BA #35) (o) Resolution amending FY 2014 Budget, MSBU Special Revenue Fund (cash carried forward) RESOLUTION NO. 13-216 (BA #36) (p) Resolution amending FY 2014 Budget, Unincorporated County Parks Special Revenue Fund (cash carried forward) RESOLUTION NO. 13-217 (BA #37) (q) Resolution amending FY 2014 Budget, Prisoner Benefit Special Revenue Fund (cash carried forward) RESOLUTION NO. 13-218 (BA #38) (cr) Resolution amending FY 2014 Budget, Additional Court Costs Special Revenue Fund (cash carried forward) RESOLUTION NO. 13-219 (BA #39) (s) Resolution amending FY 2014 Budget, Drug Abuse Trust Special Revenue Fund (cash carried forward) RESOLUTION NO. 13-220 (BA #40) (t) Resolution amending FY 2014 Budget, Domestic Violence Trust Special Revenue Fund (cash carried forward) RESOLUTION NO. 13-221 (BA #41) (u) Resolution amending FY 2014 Budget, Traffic Education Special Revenue Fund (cash carried forward) RESOLUTION NO. 13-222 (BA #42) {v) Resolution amending FY 2014 Budget, Okaloosa Debt Service Fund (cash carried forward) RESOLUTION NO. 13-223 (BA #43) (w) Resolution amending FY 2014 Budget, Capital Outlay Construction Fund (cash carried forward) RESOLUTION NO. 13-224 (BA #44) December 17, 2013 -6- Minute Book 70, Page 173 Okaloosa County Board of County Commissioners 10. 11. 12. 13. 14. 15. 16. 17. (x) Resolution amending FY 2014 Budget, Road & Bridge Construction Capital Projects Fund (cash carried forward) RESOLUTION NO. 13-225 (BA #45) (y) Budget Transfer: Water & Sewer Enterprise Fund; additional space for Growth Management Department; BT-14-08 Airports: Task Order #14 with Romjue Advertising for purchasing media to attract businesses and additional passengers to Okaloosa County Airports with a not-to-exceed amount of $200,000 and pay Task Orders #9 through #13, as well as any expenses incurred during the month of December 2013 until signed by the Chairman Airports: Amendment #1 to Rondan CEW, LLC lease to extend the date in which vertical construction must be started to one year and hangar completion to within two years of execution of this agreement Airports: Amendment #1 to Regal Air FBO lease at Destin Airport to allow the Airports Department to reimburse Regal Air up to $148,900 to replace the existing bi-fold hangar door to the county-owned maintenance hangar Airports: Final payment to Atkins North America (Invoice #1181363) in the amount of $3,766.46 for Stormwater Pollution Prevention Plan Update and Spill Prevention, Control and Countermeasures Plan Update for Northwest Florida Regional Airport Is: Final payment to Pictometry International Corporation (Invoice #INV011247) in the amount of $45,524 for image library State Attorney: Request to transfer $5,180 from reserve funding to Repair & Maintenance account 56401 Water & Sewer: Lease renewal with Skyetech LLC for Unit D at 1310 Oddfellow Road, FWB; annual rent is $5,088 Water & Sewer: Lease renewal with Skyetech LLC for Unit E at 1310 Oddfellow Road, FWB, annual rent is $5,088 Facilities Maintenance: Advertise RFQ for design services for new 10,000-square foot, two-story office building at the Sheriff's Shalimar Office and approve recommended selection committee Water & Sewer: Lease renewal with Dent Tech of N.W. Florida, Inc. for Unit A at 1308 Oddfellow Road, FWB; annual rent is $6,678 Water & Sewer: Lease renewal with Allwood Furniture for Units A & B at 1310 Oddfellow Road, FWB; annual rent is $10,800 December 17, 2013 -7- Minute Book 70, Page 174 Okaloosa County Board of County Commissioners 20. Resolution authorizing Surety Land Title of Florida to prepare a quitclaim deed for the successful bidder converting his/her Okaloosa Island leasehold interests to fee simple title (Anne M. Roche and William R. Roche) RESOLUTION NO. 13-226 21. Purchasing: Approval to sell two fixed asset items (9-1-1 outdated communication equipment and 9-1-1 outdated server) 22. Airports: Ground Lease and Operating Agreement with U. S. Air Force for construction of Aircraft Rescue and Fire Fighting Facility 23. County Administrator: Proclamation designating January 4, 2014 as Mid-Bay Bridge Authority Day 5 yeas. PUBLIC HEARING - REQUEST BY FORTUNE 900 LLC TO VACATE PORTION OF ALLEY IN BLOCK 7 OF BAYVIEW SUBDIVISION {Tabled from November 19, 2013) Mr. Stanford read the advertised legal notice for public hearing to consider the request submitted by Choctaw Engineering on behalf of Fortune 900 LLC to vacate a 20-foot wide alley bounded on the west by Lots 9 and 10; on the east by Lots 19 and 20; and on the north by Second Avenue right-of-way, in Block 7 of Bayview Subdivision. This hearing was originally before the Board on November 19, 2013 but tabled to time certain on December 17. Mr. John Hofstad, Public Works Director, stated this is a continuation of the public hearing before the Board one month ago regarding a request to vacate a portion of the alley in Block 7 of Bayview Subdivision. He said evaluation of vacation requests is not subjective and staff evaluates the technical merits of each vacation request it receives. Mr. Hofstad stated this evaluation was done before the request was brought before the Board for consideration. At the last hearing, residents spoke about alleged encroachments on the right-of-way. He said the Growth Management Department and Code Enforcement was asked to investigate these allegations. Mr. Hofstad reported the encroachments have been removed. Subsequently, he said Okaloosa County Water & Sewer evaluated infrastructure in the area and he will let Water & Sewer System Director Jeff Littrell address that review. Continuing, Mr. Hofstad provided photographs of the subject alley. At the first hearing Mr. Campbell expressed concern December 17, 2013 -8- Minute Book 70, Page 175 Okaloosa County Board of County Commissioners about having access to the back of his property. Mr. Hofstad pointed out Mr. Campbell uses the parking lot to access his back gate. Mr. Campbell’s property and others cannot be accessed from the north end of the alley because it is overgrown with vegetation. Mr. Hofstad again addressed the RVs/camping trailers and concrete slab on the right-of-way, noting they have been removed. Upon inquiry by Mr. Parisot, Mr. Hofstad verified that a portion of a concrete slab had been poured on the county right-of-way. Mr. Hofstad displayed photographs of the current status of the alley. He reiterated staff evaluates certain technical merits of the vacation requests—structure conveyance, ingress/egress to private property owners, etc.—before bringing the item to the Board. Mr. Harris said at the prior public hearing, residents referred to the alley as a “fire lane” and asked Mr. Hofstad to comment. Mr. Hofstad replied they do not define or plat fire lanes. He said “fire lanes” are associated with commercial properties. Mr. Hofstad confirmed this alley was platted as a 20-foot right- of-way. Mr. Harris asked if rescue vehicles would have access if the alley were vacated. Mr. Hofstad replied they would maintain utility access but he does not have the manpower to maintain the many miles of unopened rights-of-way. Mr. Amunds asked how difficult it would be to clear this right-of-way if the county does not vacate it. Mr. Hofstad answered the removal of the vegetation is not a big event but there are other encroachments by other property owners, adding that has no bearing on this vacation request. Mr. Littrell stated his department normally requests utility access be maintained when right-of-way is vacated. He advised OCWS does have utilities in this area and asks for access to be maintained, clarifying the department does have three water meters in this alley. Mr. Littrell said because of the discussions at the last hearing, the department decided to investigate and get an exact location of its infrastructure. They discovered water meters and a gravity sewer main very close to the property line. He asked for a 10-foot easement from the property owner, if the Board vacates the alley. Mr. Harris asked if this infrastructure is on the property owner’s land and Mr. Littrell replied, “We don’t know exactly where it is.” Mr. Harris asked why we didn’t know about this in November and why it was not looked at previously. Mr. Harris commented that if the Board does not vacate, the property owner has every right to December 17, 2013 -9- Minute Book 70, Page 176 Okaloosa County Board of County Commissioners ask the county to move that line. He asked Mr. Littrell if he is prepared to litigate that. Mr. Littrell responded he would need to speak with legal on that issue. Mr. Dowd asked, “Do we have a line on his property?” Mr. Amunds answered, “Since 1954.” Mr. Amunds said he wants to make it clear there has been no discussion that the Board would vacate provided an easement is given to the county. Mr. Littrell replied they had no authority to make quid pro quo. Mr. Littrell told the Board the water and sewer infrastructure in Bayview Subdivision was installed by a private developer and was later taken over by the county. He said when they find lines on private property, they ask for an easement. Mr. Boyles remarked the Board can vacate with stipulations. Mr. Dowd said the Board is saying there is no public need for this publicly dedicated property. Mr. Amunds opened the floor for public comment. He pointed out there are many in attendance and asked those against the vacation to raise their hands, saying this will give the Board a general idea of the position of those in the room. He asked for speakers to please refrain from repeating comments over and over. Mr. Norman Gagnon stated two years ago a sinkhole developed in his backyard and he had to hire someone to plow through the vegetation to come into the backyard to make repairs. He said he had a need/a use for the right-of-way and does not want to give that up. Mr. Mark Siner of Choctaw Engineering, representing the applicant, stated he heard what Mr. Hofstad and Mr. Littrell said and communicated those concerns to his client. He said communication was also opened with Growth Management and his client removed the trailers. Mr. Siner advised that his client did obtain permits for the electrical and water/sewer connections for the trailers. With regard to the county’s sewer line, Mr. Siner verified that it is located on his client’s property and if the alley is vacated, he is willing to convey an easement for the existing sewer main and to allow the encroachment on his property. Continuing, Mr. Siner stated the Public Works Department does not see a need to retain this area for its department. He pointed out that all three water meters discussed earlier are December 17, 2013 -10- Minute Book 70, Page 177 Okaloosa County Board of County Commissioners for his client’s properties. Mr. Siner said his client would not do anything to impede access to there water meters. He added that his client has done everything willingly that was asked of him. Mr. Charlie Dyess, 917 Middle Drive, said he has lived at his address for fifty years. He stated the residents and petitioner did have a meeting and there was a commissioner present to keep them on track. Mr. Dyess said the residents want to know what Mr. Siner’s client has planned for the property. He also stated that he does not trust the individual and added that everyone in Bayview Subdivision is against vacating the alley. Mr. Amunds commented the applicant could build three single- family homes and asked Mr. Dyess if that would hinder the neighborhood. Mr. Dyess replied he would welcome the single- family homes. Upon inquiry by Mr. Boyles, Mr. Dyess said he believes the man has an ulterior motive, that he would welcome the three houses but he is opposed to the alley vacation. Mr. Roy Gordon, Middle Drive, stated the petitioner has violated the right-of-way. He told the Board they either stand with the people or stand with one individual. Mr. Gordon said he has heard for years the plan is to construct three apartment buildings. Mr. Doug Ayers, Middle Drive, spoke about retaining access through the alley. He said the access was needed when he made repairs and when he had a pool put in. He was also supportive of three single-family homes being constructed on the property. Ms. Linda Kulaw stated the residents want to “keep to our covenants.” She also submitted photographs of the subject alley for Board review. Mr. Amunds advised her the county does not enforce restrictive covenants of subdivisions. Mr. Alonzo Campbell, Middle Drive, stated he accesses his back gate through the parking lot. He asked what will happen if the parking lot is full of vehicles or if the petitioner builds a structure on the subject area. Mr. Campbell stated it would be nice if someone would take a dozer and clean .the alley. He asked about previous vacations of rights-of-way, how a decision igs made on what exemptions apply, and the definition of “amenities.” Mr. Hofstad answered that is purely at the discretion of the Board. Mr. Harris said there is no specific answer at this time. Mr. Parisot stated the Board can add December 17, 2013 -i1- Minute Book 70, Page 178 Okaloosa County Board of County Commissioners stipulations to the vacation; for example, no permanent structure allowed. Mr. Amunds commented the Board cannot determine what may be built on the property. Mr. Parisot told Mr. Campbell that when he spoke with him, there would be another public hearing to address uses of the property. Mr. Littrell added no permanent structure can be built on a utility easement. Mr. Siner advised there is an existing modular home on one of the lots and that lease will expire at the end of the year. He said his client intends to develop three single-family homes but has some financial obligations to attend to before selling lots. Mr. Siner reported they will go through the lot-split process. Upon inquiry by Mr. Amunds, Mr. Siner replied they can still build three dwellings without the vacation. Mr. Harris asked what is the need for the vacation and Mr. Siner replied that it is to control access to the property because of problems. Discussion continued. Mr. Siner said there is access to the alley from the other direction but it is not maintained very well. He pointed out there is a 30-foot boat parked in the alley on the other end which blocks access. Mr. Parisot stated if property owners on the North end of the alley petitioned to vacate the other end of the alley, then access would be blocked. Mr. Siner stated it is his understanding the Public Works Director has said the alley does not need to be maintained for public access. Mr. Don Murray stated the smoke and mirrors has been going on for several years. He said if a crowd of residents had not shown up, the commissioners would not have known about some of the issues in their neighborhood. Mr. Murray stated they have been begging to have the alley cleaned up for four years. It was his contention that when they purchased property, they would have the alley for access. Mr. Murray said he does not know what Mr. T (petitioner) plans and he believes being kept in the dark is harmful for the community. Mr. Amunds brought the discussion back to the Board. Mr. Parisot stated he visited the property and spoke with Mr. Campbell. He said they can physically access their property across someone else's private property. Mr. Parisot stated if the private property owner fences his property, the residents will only have access by way of the alley. He said if the property is vacated, the petitioner could put up = “No Trespassing” signs. Mr. Parisot said he will not support the vacation of this alley. He also commented that he will not be December 17, 2013 -12- Minute Book 70, Page 179 Okaloosa County Board of County Commissioners held hostage with the fact the county’s sewer line is on his property. Mr. Harris noted one end of the alley is blocked by vegetation and the only access could be lost if the request for vacation is granted. He asked why the property owners have not taken care of the alley. Mr. Parisot answered they don’t think it is their responsibility. Mr. Harris countered that if they think the property is so valuable, it is logical they would take measures to clean it up. Mr. Windes stated Mr. Siner said the county had no need of this right-of-way but that seems contrary to the fact when 25 hands go up saying they are opposed to the vacation request. He stated he is not interested in disrupting the neighborhood unnecessarily. Mr. Parisot made motion, seconded by Mr. Harris, to deny the alley vacation requested by Fortune 900 LLC. 5 yeas. PUBLIC HEARING - ORDINANCE AMENDING REGIONAL AIRPORT GROUND TRANSPORTATION POLICY Mr. Stanford read the advertised legal notice for public hearing to consider adoption of an ordinance amending the Regional Airport Ground Transportation Policy adopted by Ordinance No. 77-11 and subsequently amended by Ordinance No. 07-29, Mr. Sunil Harman, Airports Director, stated that in reviewing the current ground transportation policy, staff found significant changes were needed. Because of the extensive changes, the Department recommends the current ordinance be repealed and replaced in its entirety. He noted the proposed policy has been “cleaned up” and reduced from 37 pages to 25 pages. Ms. Karen Locklear, Yellow Cab in Fort Walton Beach, stated she has reviewed the proposed ordinance and does not see a problem with it but she does think the $500,000 insurance requirement is steep. She also recommended the Board consider setting taxi regulations for the entire county. Ms. Locklear felt the proposed ordinance could work countywide and expressed a desire for the cities to follow it. Mr. Parisot commented Ms. Locklear's request for countywide regulations is asking for the entire county is not pertinent December 17, 2013 -13- Minute Book 70, Page 1809 Okaloosa County Board of County Commissioners tonight. He also stated a county ordinance would only apply to the unincorporated portions of the county. Ms. Locklear presented the Clerk with a CD entitled “Fair Taxicab Regulation at Work.” (The CD will be placed in the public hearing folder.) Mr. Justin Jackson, Jackson Transportation Service and All Star Shuttle, questioned the requirement for vehicles to be no older than ten years of age. He also felt the $500,000 insurance requirement was high, noting that he currently has a $300,000 insurance policy. Mr. Jackson said the additional coverage would cost him between $550 and $650 more each year. Mr. Don Whitney, Checker Cab of Miramar Beach, voiced concern about the increased insurance requirement. He noted that he does not sit in the queue line but has personals. Mr. Whitney stated his license is for four cabs. He reported the colors on the decals issued by the Airport fade after repeated washings and questioned why it is necessary to pay $50 for a replacement decal. Mr. Parisot asked about the feasibility of buying more durable decals and getting the official name of the airport on them. Mr. Harman advised this is the first time he has heard about this problem. Mr. Windes said the biggest problem seems to be the insurance and asked if that is the industry standard. Mr. Harman replied he arrived at that number through discussions with the Risk Management Department. He stated the typical vehicle is a mini- van with a higher occupancy which multiplies the risks. Mr. Harman said the other airports he worked at had $300,000 but the $500,000 requirement was based on discussions with the Risk Management Department. Mr. Harris expressed concern about hearing comments that no one was aware of (fading decals). Mr. Harman responded he has been at the Airports for five months and been in the office every day. He said he talks with the cab drivers and they have spoken to him about insurance. Mr. Harman reiterated the insurance at other airports is $300,000. Mr. Amunds stated Mr. Harman’s door is open and he is available to listen. Mr. Parisot remarked that he raised the issue on insurance one month ago. In response to a question from Mr. Parisot about December 17, 2013 ~14- Minute Book 70, Page 181i Okaloosa County Board of County Commissioners liability/exposure to the county for allowing the taxicab to operate from the airport, Mr. Dowd said his answer is “no” but you can always be sued. He pointed out there is no agency relationship with the taxicab companies. Mr. John Finch, Sunshine Shuttle and Limousine Service (Santa Rosa Beach), stated they have a fleet of 65 vehicles. He said there are a number of companies operating at the air terminal and suggested Okaloosa County follow the trend of putting out an RFP for ground transportation. Mr. Finch said his company has $6 Million in insurance, employees are drug tested, employees wear uniforms, and background checks are conducted on employees. Mr. Harris pointed out issuing a RFP to select one ground transportation company would put some people out of business. Mr. Whitney returned to the podium and stated all his drivers must submit a background check to the airport before they can operate at that location, noting background checks are “not a new thing.” Mr. John Mark, Black Flag Cab (Shalimar), stated background checks are done on his drivers and he does not understand why the insurance requirement is to be increased from $300,000 to $500,000. He also stated he has received no notification about a change in the speed limit at the airport, that he has never met Mr. Harman, and there has not been an owners’ meeting in the past year where some of these issues could have been hashed out. Mr. Amunds stated “We will work on communication.” Mr. David Hall listed several issues: e that he worked the oil spill in 2010 and tested positive for oil spill sickness e that he sits in his cab 15 to 16 hours per day ® that he moved only 35 feet today e that drivers are not allowed to sleep in their cabs or they will get thrown out of the airport. Mr. Hall submitted a letter dated November 26, 2013 that he received from Airports Administration stating that he was found asleep on Airports grounds which is a direct violation of Airport Policy. Further, because this was Mr. Hall’s fifth violation, he is suspended from operating at the Airport for three days. He commented that he is on 15 different medicines and he cannot take a nap at the Airport. December 17, 2013 -~15- Minute Book 70, Page 182 Okaloosa County Board of County Commissioners Mr. Chris Ferry, Destin Taxi, stated he is a retired military member and owner of a small LLC with seven vehicles. He felt Sunshine Shuttle’s proposal was an aggressive act. Mr. Ferry said he will agree to drug testing, background checks and a reasonable amount of insurance. Mr. Boyles stated we have spent a long time talking about taxis at the Airport. He said he didn’t know we had this regulation and is surprised that we do. Mr. Boyles asked if there is an issue of having a comprehensive ordinance or designating the department to do what is flexible and reasonable. He suggested regulating taxicabs would be the purview of the Airports Department. Continuing, Mr. Boyles said he doesn’t believe the ordinance is clean enough and has more detail than necessary. He stated the Board does not tell Mr. Hofstad how to grade roads by an ordinance and he feels there may be a better way to regulate taxis at the Airport. Mr. Amunds supported an ordinance, noting without an ordinance there is no enforcement through the State Attorney’s Office. Mr. Dowd stated he does not think the Board can delegate legislative authority to the Airports Director. Mr. Boyles asked when was the last time the Board sent anything to the State Attorney for enforcement of an ordinance. He said the county is not going to prosecute a taxi driver for falling asleep in his car. Mr. Boyles stated Mr. Harman could prevent anyone from operating at the Airport. Mr. Dowd asked how he would stop anyone. Mr. Harman responded that he could under the terms of the ordinance. Mr. Windes stated, “It appears it is our responsibility to keep order. I think we need an ordinance to fall back on.” He said he will support the proposed ordinance but would like more information on the insurance requirement. Mr. Amunds commented that he supports changing the insurance requirement in the proposed ordinance to $300,000. Mr. Harman stated the intent is not to create an economic hardship but to indemnify you (BCC). He also advised that he does not support the concept of issuing a RFP for a single cab company, emphasizing they do not discriminate. Mr. Parisot stated he has a number of comments. Regarding insurance, he said he agrees with $300,000 in coverage. He said he has questions about the tenure of vehicles and has no problem December 17, 2013 -16- Minute Book 70, Page 183 Okaloosa County Board of County Commissioners as long as the vehicle meets safety conditions and passes a safety inspection. Mr. Parisot said he has concerns about the policy on dress and the fact that it is the director who determines what is offensive. He continued but stated his bottom line tonight is to table this hearing until the next South County meeting (January 21, 2014) and feels Mr. Harman should meet with the taxicab drivers. Mr. Boyles said from his perspective he does not think the policy should be by ordinance. He also believes when the product comes to the Board, it should be ready to go. Mr. Boyles stressed we are considering adoption of a law and it should not contain typos. He pointed out some of the typographical errors in the proposed ordinance. Mr. Harris stated he agrees with Mr. Boyles and feels it could be Airport regulations rather than an ordinance. He said he also agrees with Mr. Parisot’s point about staff sitting down to discuss these issues with the taxi drivers. Mr. Harris stated he wants legal to convince him it must be an ordinance. He did not support a RFP for a single provider. To the gentleman that spoke about not moving far in the queue line and not be allowed to take a nap in his vehicle, Mr. Harris said the decision to be a cab driver is a choice. He stated first impressions are important and he supports a standard of dress and has concerns about old, beat-up vehicles. Mr. Parisot stated the proposed ordinance has no appeals process for anyone who disagrees with the Airports Director's position on dress and offensive clothing. He said there should be some type of appeals process, such as going to the County Administrator or to the Board. Mr, Parisot made motion, seconded by Mr. Harris, to table this hearing until January 21, 2014 at 6:30 p.m.; to arrange a meeting with the cab drivers; and to clean up the typographical errors on the proposed ordinance. 4 yeas, 1 nay. (Mr. Windes voted no.) RECESS - The meeting was recessed at 8:10 p.m. and reconvened at 8:27 p.m. December 17, 2013 -17- Minute Book 70, Page 184 Okaloosa County Board of County Commissioners WATER & SEWER SYSTEM —- CONTRACT MODIFICATION WITH EGLIN AIR FORCE BASE, DELIVERY DATE EXTENSIONS Mr. Jeff Littrell, Water & Sewer System Director, requested approval of the fifth contract modification with Eglin Air Force Base (EAFB) for delivery date extensions related to construction work and the Capacity Expansion Charges for EAFB wastewater at Main Base and Camp Rudder. He noted that EAFB requested a change in the alignment and wanted additional environmental work done. This modification will add eight months due to government delays. Mr. Boyles made motion, seconded by Mr. Parisot, to approve this contract modification. 5 yeas. PUBLIC WORKS - 2013-14 PROJECTS CARRY FORWARD REQUEST Mr. John Hofstad, Public Works Director, stated some projects were delayed due to weather, materials complications and contractor delays. He requested the following projects be carried forward from the 2012-13 Road and Bridge Capital Project budget to the 2013-14 budget: Foxwood Phase 2, Gilmore Road, Robinson Road, Lighthouse Church Road, Kervin Road, and the remainder of the Cold Mix Preservation funds. Mr. Harris made motion, seconded by Mr. Parisot, to approve the department head’s request. 5 yeas. AIRPORTS - RESOLUTION AUTHORIZING AIRPORT REVENUE REFUNDING BOND The Board is requested to approve a resolution which will amend and restate Resolution No. 13-164 (adopted on November 5, 2013). This amending resolution will authorize refinancing of the county’s Series 2003 Airport Revenue Bonds and repay $1.2 Million of the existing $2 Million loan with the Florida Local Government Finance Commission through a negotiated sale with Compass Mortgage Corporation (Compass). Mr. Sunil Harman, Airports Director, stated bond counsel Mark Mustian and financial consultant Bill Case are present to answer any questions regarding the resolution before the Board for consideration. He advised that 19 banks were solicited for a direct loan for refinancing. Three proposals were received and a fair and impartial analysis was performed. Two of the proposals were deemed non-responsive by not meeting the criteria in the RFP’s term sheet. The third proposal was from BBVA Compass and met all criteria. The county and its financial advisor evaluated the proposal and determined this option would result in savings of $1.7 Million over the term of the loan. December 17, 2013 -18- Minute Book 70, Page 185 Okaloosa County Board of County Commissioners Mr. Harman advised the closing on the bank loan with Compass is set for January 15, 2014. Upon inquiry by Mr. Parisot, Mr. Harman stated the commissioners and the Clerk were provided with updated documents. Mr. Parisot made motion, seconded by Mr. Windes, to adopt the resolution amending and restating in its entirety a resolution of the Board to provide for and to authorize the issuance of Airport Revenue Refunding Bond, Series 2014 in an aggregate principal amount not to exceed $10 Million for the purpose of refunding the county’s Airport Revenue Bonds, Series 2003. 5 yeas. RESOLUTION NO. 13-227 ATRPORTS -—- NORTHWEST FLORIDA REGIONAL ATRPORT BRANDING RESEARCH Mr. Harman stated this is an informational item and requested the Board accept the information and interim report update on research efforts conducted through Market Dynamics Research Group (MDRG) for the market positioning and naming (branding) of the Northwest Florida Regional Airport (VPS). He said the Airport is floating with an identity crisis because of the difficulty in determining what cities it serves. Mr. Harman stated Northwest Florida is a vast region, stretching from Tallahassee to Pensacola. He advised that if the research shows there is a better way to brand, MDRG will make a presentation to the Board. Mr. Harris pointed out that coming back from a recent trip, the Northwest Florida Regional Airport was always identified as Fort Walton Beach. He added he doesn’t know why he voted to approve that name because it does not identify Okaloosa County. Mr. Windes made motion to approve. Mr. Parisot interjected a history of the renaming. He said the proposal was brought forward by former Airports Director Greg Donovan. Mr. Parisot wanted all the information previously provided by Mr. Donovan sent to the commissioners before signing a contract for $35,000 for the research. He remarked the first he heard about this proposal was in the newspaper. Mr. Parisot felt that if an item requires Board approval to implement, it should come before the Board or someone should “walk the hails.” Mr. Amunds stated for clarification that an amount over $25,000 (but less than $50,000) can be approved by the County Administrator. Mr. Padgett confirmed that to be true. December 17, 2013 -19- Minute Book 70, Page 186 Okaloosa County Board of County Commissioners Mr. Harris stated he will second Mr. Windes’ motion. Mr. Boyles asked for clarification on what the Board is voting on. Mr. Amunds said it is to accept the information and interim report. A brief discussion ensued with Mr. Harris noting the commissioners are not meant to be micromanagers. He added that he does not know how to run an airport. Mr. Boyles reiterated the motion is to accept the report, not to approve any changes. He said if there is a problem with the Purchasing Manual policies, then address the Purchasing Manual. Mr. Boyles asked if there is an issue with staff making decisions, saying that is the purview the Board grants them. He stated if Mr. Parisot has a bone to pick, then he should pick it with the County Administrator. 4 yeas, 1 nay. (Mr. Parisot voted no.) Upon inquiry by Mr. Boyles, Mr. Harman stated if anything develops beyond the research, a more thorough report will be made to the Board. FACILITIES MAINTENANCE - SHALIMAR ANNEX PROJECT UPDATE Mr. Don Turner, Facilities Maintenance Director, stated the design team has put together simple concept sketches of possible options for the new building to be constructed at the Shalimar Annex site. He advised they will return at a later date with elevation options. Mr. Amunds said he spoke with Mr. Turner and Mr. Padgett and these concepts are conceptual only and no determination is being made on square footage or where certain offices will be located. He emphasized they are not looking at small details but an overview. Mr. Pat Balish, Dag Architects, displayed and explained the following concept drawings: e Site plan with building running east-west, using existing driveways and grade e Three-story concept; first floor plan; 37,741 square feet total with 938 square feet for future development e Three-story concept; second floor plan; 14,960 square feet total with 212 square feet for future development e Three-story concept; third floor plan; 14,960 square feet total with 1,782 square feet for future development December 17, 2013 -20- Minute Book 70, Page 187 Okaloosa County Board of County Commissioners ¢ Two-story Option “A”; first floor concept; 37,741 square feet total with 938 square feet for future development e Two-story Option “A”; second floor concept; 33,736 square feet total with 5,706 square feet for future development e Two-story Option “B”; first floor concept; 33,912 square feet total with 938 square feet for future development e Two-story Option “B”; second floor concept; 30,551 square feet total with 590 square feet for future development e three-story option - massing study e Two-story Option “A” - massing study e Two-story Option “B” - massing study Discussion ensued. Mr. Padgett emphasized these are early concept drawings and that no final decisions have been made on who will be located in the building. He said this is a rough start and there is still much work to be done. Mr. Steve Christopher with Lord & Son stated it is premature to speculate on the expense of the building at this time. He said they will look at the committee to hone down the concepts. The discussion continued. Mr. Parisot questioned the need for a large meeting room. Mr. Amunds stated he does not want to continue to rent space from OCWS to hold meetings. Mr. Boyles asked if the spaces the county leases in the Water & Sewer Administration Building are vacated will they be leased to the private sector. He asked if the Board could buy the Water & Sewer Administration Building. Mr. Boyles said he does not want to slow down the process and also felt someone on staff should be assigned exit strategies. Mr. Parisot stated they should “relook” the whole thing, asking how big a building is needed. Mr. Windes stated in his mind we are building a governmental center and that is what it should be used for. He added that he is not opposed to considering Mr. Boyles’ proposal on the Water and Sewer building. Mr. Windes said he is not a big fan of the three-story building but prefers a two-story one and we should build what we need, not what we want. He reiterated he wants something more traditional and wants it to look like a government building. Mr. Amunds noted he would like a small group involved in this project. Mr. Padgett repeated we are just starting and some basic decisions are to be made. He recommended the appointment of a task force/working group with a commissioner on the group. Mr. Padgett stated the group can make periodic reports to the December 17, 2013 ~21- Minute Book 70, Page 188 Okaloosa County Board of County Commissioners Board as a whole or individually to each commissioner. Mr. Amunds stated he will volunteer to be on this task force. Mr. Dowd asked if the commissioner on the committee would be a voting member, saying that could create difficulties. Mr. Amunds felt the commissioner would not vote but would help put information together. Mr. Dowd asked “like a staff group?” Mr. Amunds replied, “like a RFP.” Mr. Parisot asked if the meetings would be advertised. Mr. Boyles said he believes it is appropriate to designate the individual as a liaison to the contractor. Mr. Boyles made motion to that effect. Discussion ensued regarding terminology. Mr. Windes then seconded the motion to name Mr. Amunds as the liaison commissioner. Mr. Parisot raised a question about another commissioner being in attendance at these meetings. 4 yeas, 1 nay. (Mr. Parisot voted no.) TOURIST DEVELOPMENT — AUTHORIZATION TO ADVERTISE RFP FOR CATERING SERVICES AT CONVENTION CENTER Mr. Ed Schroeder, Tourist Development Department (TDD) Director, requested authorization to advertise a Request for Proposals (RFP) /statement of qualifications for catering services at the Emerald Coast Convention Center (ECCC). He also recommended the following individuals be appointed to the selection committee: Bill Leaman, Convention Center Manager; Ed Schroeder, TDD Director; Rick Owen of the County Administrator’s Office; Jack Allen, Purchasing Services Manager; and a county commissioner. Mr. Harris made motion, seconded by Mr. Windes, to authorize the issuance of the RFP for catering services at the ECCC and to approve the selection committee as recommended by the department head. 5 yeas. Mr. Parisot suggested next year’s liaison commissioner to the TDD serve as the Board’s representative on this committee. Mr. Windes stated that is his district and he will retain the liaison position for TDD. However, he said he would like for someone else to sit on the catering review committee and suggested Mr. Boyles serve in that capacity. Mr. Windes made motion, seconded by Mr. Harris, to nominate Mr. Boyles to serve on the catering services selection committee. 5 yeas. OLD BUSINESS - CONSIDERATION OF A COMPLIANCE OFFICER Mr. Padgett referred to his agenda packet and stated the genesis for this position has been prior years’ audits. He recommended creation of the position of Compliance Officer to be assigned to December 17, 2013 -22- Minute Book 70, Page 189 Okaloosa County Board of County Commissioners the County Administrator’s Office and to develop duties and responsibilities. Specific duties would include: e Conduct reviews for compliance of internal policies, procedures and practices, general ledger account balances, grants, contracts, revenue collection, purchasing, disbursements, inventory as well as facilities and equipment management e Determine whether the BCC departments are performing their planning, custodial accounting or control activities in compliance with policies, procedures, standards, laws, and regulations, and in a manner consistent with objectives and standards of administrative practices and applicable federal, state, and local laws and ordinances e Develop internal control policies, processes, and procedures and make recommendations Mr. Padgett stated documents are handed off to the Clerk’s Office and the Clerk’s Office is under an obligation to make certain every “i” is dotted and ever “t” is crossed. He noted comments are coming back about the deficiencies of the documents. Mr. Padgett said he wants to make sure the handoffs to the Clerk’s Office are correct according to the Board’s own policies. He told the commissioners we need to move in a positive direction to obtain compliance and the individual in this position needs authority to work with departments to help them. Mr. Harris and Mr. Windes voiced support of the position. Mr. Padgett stated the Clerk’s Office will continue its role and the Compliance Officer will enhance the interface with the Clerk's Office. Mr. Windes made motion, seconded by Mr. Harris, to approve the creation of the Compliance Officer position and development of duties and responsibilities, including the ones listed above. 5 yeas. OLD BUSINESS - UPDATE ON AGO REPORT AND RESPONSE Mr. Padgett stated Rick Owen has assisted him by working with the commissioners on the modified Preliminary and Tentative Audit Findings from the Auditor General’s Office (AGO). He referred to the agenda packet and stated they are available to answer questions. Mr. Owen reported the response is succinct and to the point. The AGO had requested the county modify its response to smooth December 17, 2013 -23- Minute Book 70, Page 1909 Okaloosa County Board of County Commissioners out the language and remove duplications. Upon inquiry, Mr. Owen noted the Preliminary and Tentative Audit Findings do overlap the previous report period. Upon inquiry by Mr. Windes, Mr. Padgett stated they have worked well with the AGO. He advised it has not been adversarial but the county has been firm. Mr. Parisot referred to Finding #13: Several County Commissioners received monthly travel allowances based = on typical months’ travel statements that were outdated, included unallowed milage, or did not include adequate descriptions of the travel claimed. Mr. Padgett commented the AGO’s primary concern was that more effort should be made when submitting the typical monthly travel statement. Mr. Parisot also referenced Finding #14: The BCC had not adopted policies and procedures for making contributions to private nonprofit) corporations. Also, the BCC did not consistently document how contributions to the corporations served an authorized public purpose, require the corporations to enter into a written agreement stating the purpose for which the contributions should be used, or obtain a subsequent accounting from the corporations as to how the contributions were ultimately used. Mr. Parisot said he feels the county should establish written policies in this regard. Mr. Boyles noted the last line of the county’s response says “..the County will strengthen its procedures to establish how contributions serve a public purpose.” Mr. Parisot replied the county does not have written policies right now. Mr. Windes made motion, seconded by Mr. Parisot, to approve the proposed changes to the AGO report and Board responses. 5 yeas. Mr. Amunds asked Mr. Padgett to work with staff to come up with a report card on what changes have been implemented. PUBLIC COMMENT No one came forward to speak at this time. December 17, 2013 ~24- Minute Book 70, Page 191 Okaloosa County Board of County Commissioners ADJOURNMENT There being no further business to come before the Board, the meeting was adjourned at 10:00 p.m. DON W. HOWARD DON R. AMUNDS, CHAIRMAN CLERK OF CIRCUIT COURT BOARD OF COUNTY COMMISSTONERS (These minutes were transcribed by Teresa Ward.) December 17, 2013 -25- Minute Book 70, Page 192 Okaloosa County Board of County Commissioners