Okaloosa County BOCC — April 5, 2016 — Regular BCC Meeting 02.02.2016 — reading text

February 2 , 2016 Regular Meeting The regular Tuesday meeting of the Okaloosa County Board of County Commissioners was called to order at 8 : 30 a . m. at the County Administration Building in Shalimar . Members present were Charles K. Windes , Jr ., Chairman ; Carolyn Ketchel , Vice Chairman ; Wayne Harris ; Nathan Boyles ; and Trey Goodwin . Also present were J . D. Peacock II , Clerk of Courts ; Gary J . Stanford , Finance Officer , Clerk ' s Office ; John Hofstad , County Administrator ; and Greg Stewart , County Attorney . PRESENTATION - EMPLOYEE SERVICE AWARD Mr . Hofstad recognized Patrick Hanratty for twenty-five years of service . PUBLIC INFORMATION OFFICER UPDATE Mrs . Kathy Newby , Public Information Officer , stated Allegiant Air Lines is the new carrier at the Destin-Fort Walton Beach Airport (VPS) and reported flights are already being added to this new service . She said the topic for the next Okaloosa Today program is hydroponic gardening . Mrs . Newby reported the Economic Expo will be held in conj unction with the 37th Annual Building Industry Association (BIA) Show . Lastly , she stated one of the murals at the entry of this building has been completed and work will begin on the second mural very soon . COUNTY ADMINISTRATOR ' S UPDATE Mr . Hofstad stated yesterday a call was received from the Florida Association of Counties (FAC) wanting to know the Board ' s position on a proposal for a percentage (up to 10%) of bed tax dollars to be used for lifeguard services and law enforcement. He pointed out a number of the commissioners and staff will be leaving this afternoon for Tallahassee to attend Legislative Day and asked if there is any support for this proposal . Mrs . Ketchel stated she has prepared letters to the Legislative Delegation for the Chairman ' s signature to support this use of funds . She said we must find a way to fund the Sheriff ' s Office during the tourist season . February 2, 2016 -1- Minute Book 74 , Page 100 Okaloosa County Board of County Commissioners Mr . Boyles said he would like a second analysis of the funding and shared his concern that the limitation (up to 10 %) on use of the tourist tax revenues could displace any other contributions to the Sheriff ' s Office . He felt this measure could be detrimental . Mr. Windes commented that he understands it is 10 % of the first three pennies which would be approximately $900 , 000 . Upon inquiry by Mr . Windes , Tourist Development Department (TDD) Director Ed Schroeder stated currently $1 Million of tourist taxes go to lifeguard services . Mr . Harris stated he agrees with the context of Mrs . Ketchel ' s letters and noted 70 % to 80 % of the calls to Destin are tourist related . However , he felt the lobbyists for the restaurants and hotels are very strong and the proposal may not have a chance . Mrs . Ketchel responded that she believes there is a slight chance but feels it will not be 10 %, adding that even 1 % will be helpful . Mr . Goodwin observed there may not be full support of the Board and it could be looked at from an individual commissioner ' s perspective . He said a commissioner could write a letter of support from his/her own office . Mr . Windes pointed out it is still the prerogative of the Board to approve the funding level and asked Mr. Stewart to comment . Mr. Stewart replied the Board would have authority within the established cap . Mr . Harris stated he will support the initiative but he does not have a "warm fuzzy" for the letters . He said he can foresee it being problematic . Mr . Boyles said he feels this could be a Trojan Horse . He added they know where the Board is spending its funds and expressed his concern about the Board being confined to a box they (the State) have control over . Mr . Boyles stated it may no longer be interpretative and called the current language "dangerous ." Mrs . Ketchel pointed out other counties are spending these tourist tax dollars for law enforcement without legislation . She then made motion to approve the letters and to authorize the Chairman to execute same . February 2 , 2016 -2- Minute Book 74 , Page 101 Okaloosa County Board of County Commissioners Mr . Goodwin said we may be pulling a pin on a hand grenade and stated it is his belief the Board could spend the money today . He stated if this had the full support of the Board , he would support it. Mr . Goodwin clarified that he is not against the letters but he needs to understand the impact . He said he does not want limitations and alluded to being only able to spend $ 900 , 000 for both lifeguards and law enforcement . Mr . Goodwin recommended this item be tabled until the next meeting . Mr. Stewart stated he thinks the issue is that if the Legislature wants to give the counties the ability to provide tourist development tax dollars for public safety , then no cap should be set . He felt the Board should be given the authority to fund law enforcement and lifeguards . Mr . Stewart pointed out the 10 % cap would be a reduction and no additional money would be available for law enforcement . He said it appears the Board seems to be in support of using tourist tax dollars to address tourist issues without a cap . Mr . Boyles commented that he will support a motion to that effect and to direct the County Attorney to draft the letters . Mr . Goodwin asked if that is a friendly amendment , to which Mr . Boyles replied in the affirmative . Mrs . Ketchel stated she will accept the friendly amendment. Mr . Harris asked if the direction is to move forward without a cap and give the Board control of the revenue. Mr . Harris' understanding was confirmed . Mr . Goodwin seconded the motion and said the letters should include language thanking the Legislators for their efforts. 5 yeas . Mr . Hofstad concluded his comments by introducing Frank Hart as the new Budget Compliance Officer . COUNTY ATTORNEY ' S UPDATE Mr . Stewart referred to a lawsuit in the U. S . District Court in Illinois involving a class action lawsuit against Stericycle by a private entity . Stericycle disposes of hazardous medical waste and Okaloosa County in prior years had a contract with the company . Mr . Stewart stated a settlement has been reached and Florida Attorney General Pam Bondi is administering the settlement on behalf of all governmental entities . A payment of $13, 14 7 . 92 has been deposited in Okaloosa County ' s account. He stated the Board must decide .on accepting the settlement or rejecting it and returning the settlement payment . Mr . Stewart recommended acceptance of the settlement . Mr . Boyles made February 2 , 2016 -3- Minute Book 74, Page 102 Okaloosa County Board of County Commissioners motion , seconded by Mr . Harris , to accept the settlement . 5 yeas . COMMISSIONER ' S MINUTE Mr . Harris requested to go last because his comments may be lengthy. Mrs . Ketchel said she will yield her time to Mr . Harris . Mr. Goodwin noted we have deputies at the meetings . He said the Sheriff is under no obligation to provide a law enforcement presence here but he wants the public to feel safe at meetings. Mr. Goodwin thanked the Sheriff for his support . Mr . Boyles echoed Mr . Goodwin ' s comments . He said he would like to off er a motion regarding the Department of Juvenile Justice (DJJ) issue pending in Tallahassee at this time . Mr . Boyles stated that he feels it is appropriate to authorize the Chairman to sign letters to the Florida Association of Counties ( FAC) , our Legislative Delegation , and Senator Latvala regarding the proposed 50/50 legislative split of DJJ costs going forward . The letters indicate the county is willing to drop pending matters if the 50/50 Legislation is signed into law . Mrs . Ketchel seconded the motion. Mr . Harris stated he will support the 50/50 agreement but refuses to give up his fiduciary responsibilities , saying that is giving away $3 Million to get along with the people in Tallahassee . Mr . Goodwin said he must disagree with Mr . Harris and does not see it as a breach of fiduciary responsibility . He stated this is the best deal possible from a practical perspective. Mrs. Ketchel stated she also disagrees with Mr. Harris and does not believe we will get a better deal . Mr . Windes commented that over time, we will get money back. Mr. Stewart stated there is the remaining issue of "clearing the books " on past amounts owed . He said he believes the intent is to include that condition in the motion. Mr. Boyles agreed , saying we would turn forward with the 50/50 split . Mrs. Ketchel confirmed her second . 4 yeas, 1 nay . (Mr. Harris voted no . ) February 2 , 2016 -4- Minute Book 74 , Page 103 Okaloosa County Board of County Commissioners Mr . Windes stated we have expensive capital projects to fund and he does not anticipate help from the State on them . He said he would like to direct Mr . Hofstad and staff to look at all county leases which are underutilized to see if those assets cou l d be used to cut the shortfall . Consensus was given by the commissioners to proceed with Mr . Windes ' suggestion . Mr . Harris asked Facilities Maintenance Di vision Manager James Puckett to come forward . He stated the Facilities Maintenance staff and some of the Parks Division staff have done a phenomenal job in renovating the old Agriculture Extension Building on Old Bethel Road into office space for county staff . Mr . Harris read the names of the employees who assisted in this renovation . He said he wanted to personally thank Mr . Puckett and his staff for this work . CLERK OF COURTS UPDATE Mr . Peacock stated he would like to recognize a new member of the Clerk ' s team and introduced Mary Carson . He said Mrs . Carson will be an apprentice to Mrs . Ward and will assist in the coordination of process improvements and innovations. Mrs . Carson was greeted with a round of applause . PUBLIC COMMENTS Mr . Kenny Fuller, Baker , came forward to verbalize concerns regarding an outside legal matter relating to Mr . Boyles . He stated practicing law is a privilege which can be withdrawn . On another note , Mr . Fuller stated what the Board did with stopping the bus runs in Crestview was illegal. He told the commissioners they had better reinstate the buses or he would have them all arrested . Mr . Fuller again addressed Mr . Boyles , telling him he did not like what he did , would not get away with it and he would not back down . Mr . L . A. Woodall , representing the Greater Fort Wal ton Beach Chamber of Commerce (Chamber) , presented Chamber Resolution No . 2016-01 supporting the Tourist Development Department ' s (TDD) use of local personnel for marketing and advertising of Fort Wal ton Beach . He noted that while he does not represent the Destin Chamber of Commerce , it is his understanding the Destin Chamber supports this resolution . February 2 , 2016 -5- Minute Book 7 4 , Page 104 Okaloosa County Board of County Commissioners Mr . Woodall said the Chamber is in support of the new direction for the TDD in terms of its marketing plan and approach to marketing the Emerald Coast . Mr . Harris made motion , seconded by Mrs . Ketchel , to ratify the Chamber ' s resolution . Mr . Goodwin pointed out there is an agenda i tern addressing this issue . Mr . Boyles agreed and felt any Board action should be held until the agenda item is discussed . Mr . Harris withdrew his motion . VISITOR ALAN BAGGETT AND MEMBERS OF THE BUILDING INDUSTRY ASSOCIATION , PERMIT AND