Okaloosa County BOCC — January 30, 2013 — reading text

to hold an Executive Session immediately following today’s commission meeting to discuss litigation strategy in the Zimmerman v Okaloosa County and the Okaloosa County v Meigs Family Trust cases 6. Proclamation designating May 4, 2013 as Explosive Ordnance Disposal Day 7. Request from Southern Events Management for Temporary Use Special Public Event Permit to hold Emerald Coast Volleyball Junior’s Tournament on Okaloosa Island adjacent to the Boardwalk and John Beasley Park on May 18-19, 2013 8. Growth Management: Final contract payment to the University of Florida for conceptual design and preliminary site planning for the Unmanned Air and Ground Vehicle Facility associated with Contract C08-1581-GM/Grant #DIG 08-04; Invoice FPC/2012-13FY/PLNG-002 for $35,000 and Invoice #FPC/2012-13FY/PLNG-003 for $30,000 9. Resolution opposing legislation transferring governance of the Mid-Bay Bridge Authority’s assets and legal rights, specifically Sections 26 and 27 of Senate Bill 1132 RESOLUTION NO. 13-58 April 2, 2013 -7- Minute Book 69, Page Okaloosa County Board of County Commissioners 10. Proclamation designating May 5-11, 2013 as Drinking Water Week in Okaloosa County 11. Purchasing: Recommendation to award bid for printing of Emerald Coast Vacation Guide to Target Response Group as low bidder meeting specifications with a bid of $84,988 12. Corrections: Amendment to contract with ABL Management, Inc., the food service provider for the County Jail, to clarify language. The contract will be amended to read “Preparation and serving of one standard meal per shift upon request to correctional officers who are on duty. Correctional officer meals will be identified on the invoice separately from inmate meals.” 13. Purchasing: Recommendation to award bid for cab chassis, 4x4 dual rear wheel truck with service body, compressor system and inverter to Hub City Ford as sole responsive bidder with a bid of $125,198 14. Budget resolutions and transfers: (a) Resolution amending FY 2013 Budget, General Fund (Florida Division of Emergency Management Homeland Security Program Grant) RESOLUTION NO. 13-59 (BA #94) (b) Resolution amending FY 2013 Budget, Tourist Development Fund (equipment proceeds) RESOLUTION NO. 13-60 (BA #95) (c) Budget Transfer in Tourist Development Fund, transfer from reserves for printing of Visitor Guide; BT-13-29 (d) Budget Transfer in Airport Enterprise Fund, transfer from reserves to replace maintenance hangar at Destin Airport; BT-13-30 15. Growth Management: 2013 Federal Transit Administration (FTA) Certifications and Assurances 16. Public Works: Approval to modify road paving project for State Line Road from hot mix asphalt to asphalt millings 17. Growth Management: Neighborhood Stabilization Program (NSP) amendment #5 with the Community Development Corporation (CDC), extending the expiration date to September 30, 2013 18. Growth Management: Approval of Task Orders #49 and #50 with Okaloosa County Transit (OCT) for reimbursement of operating costs for fixed-route and paratransit services 5 yeas. April 2, 2013 -8- Minute Book 69, Page Okaloosa County Board of County Commissioners GROWTH MANAGEMENT – SPECIAL MEETING FOR PUBLIC HEARING PN BLUEWATER BAY DRI AMENDMENT Mr. Elliot Kampert, Growth Management Director, reported Bluewater Bay Resort LLC, owner of the golf courses within the Bluewater Bay Development of Regional Impact (DRI), has submitted notice of proposed change to amend the DRI to allow reconfiguration of four holes within the Magnolia Plantation golf course to allow residential development of varying densities. Because of concern on the potential length of a hearing, the Board at its March 19 meeting approved setting a special meeting for this public hearing. Staff has worked with legal counsel for both the applicant and the opposition and both sides have agreed upon April 25. Mr. Kampert reported the Emerald Coast Convention Center is available that date. The applicant is requesting a morning hearing but the opposition is asking for an evening meeting. Mr. Amunds recommended 1:00 p.m. and Mr. Windes suggested 5:00 or 6:00 p.m. It was the consensus of the Board to set the special meeting for this public hearing at 6:00 p.m. on April 25 at the Convention Center. Mr. Kampert stated a notice advertising a public hearing for April 16 was printed by the newspaper in error and staff has asked the paper to print a retraction. COUNTY ADMINISTRATOR UPDATE Mr. Curry announced the Budget Policy Workshop is scheduled for April 9 at 6:00 p.m. in the Fort Walton Beach Chambers. COMMISSIONER’S MINUTE Mr. Harris expressed his appreciation to the other commissioners for waiting until today to vote on the County Administrator candidates. Neither Mr. Boyles nor Mr. Windes had comments. Mr. Parisot said all lanes through Shalimar are open for traffic. He also advised that he will be attending a Gulf Consortium meeting this Friday in Tallahassee, saying one of the topics to be discussed is the Memorandum of Understanding between the Consortium and the Governor. April 2, 2013 -9- Minute Book 69, Page Okaloosa County Board of County Commissioners HUMAN RESOURCES – VOTING AND SELECTION TO FILL POSITION OF COUNTY ADMINISTRATOR Mrs. Kay Godwin, Human Resources Director, stated Mr. Colin Baenziger of Baenziger and Associates is present to assist with the process of voting on candidates for County Administrator. Mr. Baenziger stated interviews were conducted last week and the decision was made to begin the process with commissioners selecting their top three candidates, then narrowing down to two candidates, and ultimately selecting the top individual. He then distributed ballots to the commissioners and asked each of them to select their top three choices. After returning the ballots to Mr. Baenziger for counting, Mr. Amunds announced the Board will continue with the agenda and interrupt for Mr. Baenziger’s report and the next round of voting. HUMAN RESOURCES – PROPOSED CHANGES TO HR POLICY MANUAL Mrs. Godwin reported most of the proposed changes to the Human Resources (HR) Policy Manual are administrative in nature. The areas being addressed are: Pay adjustments for Executive Band, Fluid Positions, and Family Medical Leave Act Leave. Mr. Harris made motion, seconded by Mr. Boyles, to approve the recommended changes to the HR Manual. 5 yeas. HUMAN RESOURCES – BALLOTING, COUNTY ADMINISTRATOR POSITION Mr. Baenziger read the ballots of each commissioner. He reported Mr. Lakey received one vote, Mr. Chaffin received three votes, Mr. Layson received five votes, and Mr. Padgett received five votes. He advised the next step is for the commissioners to select their top two candidates from the field of Chaffin, Layson, and Padgett and distributed the ballots. HUMAN RESOURCES – UPDATE ON LEGAL SERVICES Ms. GinNeal McVay, Human Resources Manager, stated on March 5 the Board directed staff to survey other comparably-sized Florida counties regarding legal services, including the cost budgeted and expended on in-house and outsourced services. The agenda request also contains a draft Request For Proposals (RFPs) for professional Attorney-At-Law Services in support of the Okaloosa County Tourist Development Department. April 2, 2013 -10- Minute Book 69, Page Okaloosa County Board of County Commissioners Ms. McVay reported 14 counties were surveyed. (A PowerPoint presentation accompanied Ms. McVay’s report.) The legal departments in these counties ranged from three to 23 employees. The budget for the legal departments ranged from $321,000 to more than $2 Million. The budget or expended funds in these counties for outsourced legal services ranged from just over $100,000 to more than $2 Million (Osceola County). Ms. McVay provided comparative charts based on population, in- house legal staff, and total legal costs. The survey results were highlighted as follows: • Population size of the 14 Florida Counties: 154,104 to 328,134 • Average in-house legal service employees: 9 • Average in-house legal services budget/expenditures: $964,346 • Average outsourced legal services budget/expenditures: $417,975 • Most common outsourced legal matters included worker’s compensation, labor, and bond matters Ms. McVay stated three positions were pulled out for consideration: Paralegal: Average salary - $45,922; Minimum qualifications include an Associates Degree in Paralegal Studies, 1-5 years of experience working as a Legal Assistant, Paralegal or Law Clerk; Florida Registered Paralegal Certification Assistant County Attorney: Average salary - $88,450; Minimum qualifications include graduation from an accredited law school with a Juris Doctorate Degree, 0-7 years of legal experience; membership in good standing in the Florida Bar Association County Attorney: Average salary - $162,746; Minimum qualifications include graduation from an accredit law school with a Juris Doctorate Degree, 0-12 years of legal experience; membership in good standing in the Florida Bar Association; eligible for license to practice in Federal Court and U.S. Court of Appeals Mr. Boyles said he is hoping the Board could come to a consensus of staff building the concept for an in-house legal department, including how many staff members are needed. He felt the direction should be three attorneys with support staff. Mr. Boyles also felt the salary range for Northwest Florida would be lower than the average salaries given above. April 2, 2013 -11- Minute Book 69, Page Okaloosa County Board of County Commissioners Mr. Parisot asked if a contract attorney would need to be hired for the Tourist Development Council. It was Mr. Boyles opinion because of conflicts of interests, it would be necessary. However, he said for mundane issues, such as contract review, that could be done in-house. Mr. Boyles recommended holding off filling the position of TDC Attorney and look at staffing an in- house legal department for the coming fiscal year. He said that dynamic could be re-examined in six months. Upon inquiry, Mr. Stanford stated Legal Services is in the General Fund but costs are allocated to user departments pursuant to the Cost Allocation Plan. Mr. Dowd stated if the Tourist Development Attorney makes a recommendation to the TDC on an expenditure and he disagrees with the County Attorney or outside counsel, it could create a conflict which would be reported to the DOR (Department of Revenue). Mr. Amunds said that is his point and believes it should be split out. Mr. Dowd replied that he has discussed this with Mr. Boyles. Mr. Boyles said there will still be a need for outside counsel. He stated when the Board stands up that department, the County Attorney would let the Board know when outside counsel is needed. Mr. Harris expressed his concern about conflict with the TDC and said he can see the relevance of three attorneys. He added that Greg Stewart has done a great job and he does not want to lose that asset. Mr. Boyles explained his reasoning further. He said at some point Mr. Dowd will leave. Mr. Boyles stated the Board should be prepared for the County Attorney to move on. He further believed there would be a transition phase, advising that he has spoken with Mr. Dowd about where he will fit in. Mr. Boyles