Okaloosa County BOCC — May 17, 2013 — March 5 Regular — reading text

Resolution amending FY 2013 Budget, Inspections Enterprise Fund (cash carried forward) RESOLUTION NO. 13-45 (BA #87) (g) Budget Transfer: Airport Enterprise Fund; Task Order #8 with Reynolds, Smith and Hill for preparation of environmental assessment for Destin Airport Air Traffic Control Tower; BT-13-26 (h) Budget Transfer: Airport Enterprise Fund; transfer from cash to bond proceeds due to refinancing of commercial paper loan bond proceeds; BT-13-27 2. Special Event Permit request from Relevent for use of James Lee Park for Express Spring 2013 Break Mobile Tour promotional event 3. Special Event Permit request from The Lutheran Churches of the Emerald Coast for use of John Beasley Park for Easter Sunrise Services 4. Request from Days of Shade Beach Service for a Qualified Beach Vendor Certificate for Calendar Year 2013 5. Public Works: Accept for recording a Corrective Deed for Martin Mill Road right-of-way from Annette Whitlock 6. Sheriff: Ratification of Vice Chairman’s signature on Concept Paper submitted under emergency procedure due to time constraints for an Edward Byrne Memorial Smart Policing Initiative Grant in the amount of $699,979 7. County Administrator: Removal of Robin Wright, Court Administration, from Crestview Courthouse Project Task Force 8. County Administrator: Removal of Alicia Wardlow, Court Administration, from Shalimar Annex Renovation Project Task Force 9. Purchasing: Recommendation to award bid for Del Cerro II Water Supply Well to Layne Christenson Company as low bidder meeting specification with a bid of $934,895 10. Purchasing: Recommendation to award bid for dump truck for Water & Sewer Department to Atlantic Truck Center as low bidder meeting specifications with a bid of $94,866 11. Purchasing: Recommendation to award bid for materials for Reeves Road Bridge to Conecuh Bridge & Engineering as low bidder meeting specifications with a bid of $121,525.77 12. Sheriff: LETF disbursement to Judge Ben Gordon, Jr. Family Visitation Center in the amount of $7,500 5 yeas. March 5, 2013 -6- Minute Book 68, Page Okaloosa County Board of County Commissioners HUMAN RESOURCES – EXECUTION OF TEMPORARY STAFFING CONTRACTS Mrs. Kay Godwin, Human Resource Director, requested approval to renew temporary staffing contracts with Pacesetter Personnel Services, Landrum Staffing, and Kelly Temporary Services. Mr. Parisot said that it appears since the county has downsized, the cost for temporary hires has increased significantly over the past few years. He recommended that as we go into the Fiscal Year 2014 budget process, we look at the cost of temporary hires versus hiring permanent county staff. Mr. Curry replied that he met with Mrs. Godwin and Ms. McVay earlier today to discuss that issue. Mr. Boyles made motion, seconded by Mr. Harris, to approve renewal of the temporary staffing contracts. 5 yeas. PURCHASING – DRAFT RFP FOR RESTORE ACT CONSULTING SERVICES Mr. Richard Brannon, Purchasing Director, requested this item be removed from consideration. He further requested approval to work with Mr. Boyles and Mr. Parisot to revise the document and he will return it to the Board in the near future. PURCHASING – LEGAL REPRESENTATION FOR TOURIST DEVELOPMENT COUNCIL The Board accepted the resignation of TDC legal counsel at the February 5, 2013 meeting. Mr. Brannon requested guidance on acquiring new legal services for the TDC. The department’s agenda request states that if a RFQ is approved, that a committee consisting of the following individuals be allowed to review, rank and make recommendation to the Board: County Attorney, TDD Director, and TDD Liaison Commissioner. Mr. Amunds recommended Mr. Boyles also become involved as well. He commented that he believes the Legal Department, in general, needs “tweeking.” Upon inquiry by Mr. Boyles, Tourist Development Department (TDD) Director Daniel O’Byrne stated they have adequate legal coverage filling in during this gap. Mr. Boyles stated he would like to follow up on the discussion at the last meeting regarding the future for legal counsel of the county. He advised that he spoke with staff and Mr. Dowd March 5, 2013 -7- Minute Book 68, Page Okaloosa County Board of County Commissioners and he would like to get a consensus from the Board on direction. Mr. Boyles stated he would like to know the cost for outside legal counsel for the past year or so. Also, he would like an analysis of what counties of similar size are doing for legal services. He was hopeful having those two pieces of information would help in establishing an in-house legal department. Mr. Boyles remarked this county has grown since Mr. Dowd became County Attorney and so has the need for legal services. He believes it is more than one person can handle. Mr. Boyles shared his thoughts are in the coming year to take some of the funds being used for special counsel and put toward creating an in-house legal department. He recognized Mr. Dowd’s years of service and knowledge. Mr. Boyles expressed the importance of having a legal department immediately available to staff and the commissioners. He reiterated his request is for staff to pull together the information he mentioned earlier. Mr. Amunds commented he has no problem with the proposal and said he would like for the Special Counsel to continue on assignment to the TDC until this is resolved. He added that when the Shalimar Annex is renovated, he believes the legal department should be located in the same building as the commissioners. Mr. Windes stated Mr. Boyles is going in the same direction he is on this difficult issue. He reported that he had already obtained the data when this subject was discussed at the last meeting. Mr. Windes said the Florida Association of Counties provided him valuable information, comparing 12 counties of similar size. He pointed out most legal departments have more than one person in the department. Upon inquiry by Mr. Harris, Mr. Dowd stated the Tourist Development Council has to be represented by an attorney which does not represent the county per se. He clarified there would be a conflict of interest for an attorney to represent the Board of County Commissioners and the Tourist Development Council. Mr. Dowd opined the TDC counsel should be independent of Board staff. Mr. Parisot stated he shares many of Mr. Boyles’ thoughts. He also said he agrees in the concept of a legal department with more than one attorney and that particular department should be located wherever the BCC office is located. Because of a March 5, 2013 -8- Minute Book 68, Page Okaloosa County Board of County Commissioners potential conflict of interest, he believed the Board should proceed with hiring a TDC attorney. He wanted to find someone who worked more cheaply than Nabors, Giblin & Nickerson. Mr. Parisot believed the RFQ should be issued by the county and subsequent contract should be signed by the county as well. Mr. Dowd responded that particular thought process could be a potential problem. He explained that the TDC is basically, per statutes, an advisory body. The attorney represents them and that is why the BCC has allowed them (TDC Council members) to select the attorney they want. He said if the Board issues the RFQ, it can appoint the committee which reviews applications. The committee would then make a recommendation to the Board. Upon inquiry by Mr. Parisot, Mr. Dowd stated the Board can designate that authority per ordinance or resolution. Mr. Amunds asked Mr. Brannon if it is possible to gather the data like Mr. Windes previously obtained and have RFQs prepared for an additional county attorney and a TDC attorney. Mr. Brannon answered, “I think so.” Mr. Parisot commented that another county attorney would be a county employee and not a contract person. Mr. Boyles felt the Board should not get the cart ahead of the horse and should look methodically on how to establish the legal department. With regard to the TDC counsel and potential problems as addressed by Mr. Dowd earlier, Mr. Boyles said he would like to work with Mr. Dowd on that issue. Upon inquiry by Mr. Amunds, Mr. Boyles stated he will work with Mr. Dowd and Mr. Brannon on creating a RFQ for the TDC attorney position. Mr. Amunds pointed out Mr. Windes is the TDC commissioner liaison. Mr. Windes said he thinks it is appropriate to put the lawyer (Mr. Boyles) on this issue. Mr. Curry stated he understands staff direction. Mr. Parisot commented that one thing which came out of the TDC audit and surprised him was the TDC attorney did not review the marketing contracts. Mr. Dowd responded they will attempt to address that matter when preparing the contract for the new TDC attorney. PUBLIC WORKS – YARD TRASH GRINDING EQUIPMENT NEEDS Mr. John Hofstad, Public Works Director, reported the Morbark 7600 in-line grinder, which is 11 years old and used at the Wright Yard Trash Facility, was recently sent to Warrior Tractor March 5, 2013 -9- Minute Book 68, Page Okaloosa County Board of County Commissioners in Montgomery for repairs. The original estimate of repairs was $27,000 but more repairs have been determined and will now total approximately $60,000. Rather than replace this grinder for $850,000, staff is proposing this piece of equipment be sold at auction and the proceeds used to hire grinding services ($100,000 annually) to manage the yard trash at Wright and repair the Morbark 1300 tub grinder used at the Baker Yard Trash site. Mr. Harris made motion, seconded by Mr. Parisot, to approve the department head’s recommendation. 5 yeas. PUBLIC WORKS – MOTOR GRADER OPTIONS Mr. Hofstad requested authorization to prepare a Request for Proposals (RFP) for motor grader operations. The leases on eight motor graders will expire in June 2013 and January 2014. Four options are being considered by staff for presentation to the Board: 1. Remain in lease until expiration 2. Exercise lease buy-out 3. Lease new machines 4. Buy new machines outright Mr. Hofstad stated two of these options require advertisement and solicitation of bids. Mr. Parisot made motion, seconded by Mr. Boyles, to authorize the advertisement. 5 yeas. TOURIST DEVELOPMENT – FIRST QUARTER 2012-13 TDD EXPENDITURES Mr. Daniel O’Byrne, Tourist Development Department Director, stated all three agenda items tonight have been reviewed and vetted by Special Counsel. Upon inquiry by Mr. Amunds, Mr. O’Byrne stated this presentation is on the website. Mr. O’Byrne described the TDC allocations for each penny of the tourist development tax: 1st penny – beach, park improvements and maintenance, shoreline protection, restoration improvements nd 2 penny – beach, waterway and tourist destination facilities improvements, lifeguard services, administration rd 3 penny – Convention Center and other facility operations 4th penny – Debt service for construction, reconstruction or renovation of Convention Center and future improvements th 5 penny – Tourism promotion Mr. Parisot asked if the annual debt payment should come before the Board. Mr. Curry replied this is the annual debt payment March 5, 2013 -10- Minute Book 68, Page Okaloosa County Board of County Commissioners for the Convention Center since it was constructed in 2003. Mr. Parisot recalled something came before the Board last year. Mr. Stanford said he believes the commissioner is referring to an item involving a special redemption payment which was brought to the Board for approval,