Okaloosa County BOCC — July 2, 2013 — July 2 Regular — reading text

July 2, 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 Crestview Courthouse. 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 UPDATE Mrs. Kathy Newby, Public Information Officer, wished everyone a Happy Fourth of July. She followed with a promo for the Okaloosa Today program which airs on Cox Channel 6. COUNTY ADMINISTATOR’S UPDATE Mr. Padgett reported progress is being made with regard to the RESTORE Act Coordinator position which was approved in February. He said the job description has been drafted and Human Resources is ready to advertise for the position. Mr. Padgett said it will be up to the Board to delay that process or to move forward. Mr. Amunds requested the job description be emailed to each commissioner. Mr. Padgett noted that later on the agenda Human Resources Director Kay Godwin will bring a recommendation to the Board regarding selection of a new Airports Director. The new director could be on site in three weeks. Continuing, Mr. Padgett stated he has spent much of his time the last five or six weeks with staff working on the budget. He advised there is still a great deal of work to be done but assured the commissioners they will have a balanced budget by July 15. COMMISSIONER'S MINUTE Mr. Harris said as we make plans for the Fourth of July he would like to place more focus on the holiday as our Independence Day. He asked for everyone to remember the many who gave their lives for this privilege. July 2, 2013 -1- Minute Book 69, Page 186 Okaloosa County Board of County Commissioners Mr. Windes reported the Tourist Development Council (TDC) did Meet last week and advised the selection of an individual to fill the vacancy on the TDC will be brought for consideration at the next Board meeting. Mr. Boyles distributed copies of a letter dated July 1, 2013 which he received from Roger Brown, Senior Vice President of Synovus, regarding the final judgment for the Shalimar Annex reverter clause court case. He stated that he proceeded with negotiations with the Meigs Trust based on the instructions from the majority of the Board given during Executive Session. Mr. Boyles reported they have a tentative agreement to settle the suit for $1.6 Million to be made in four equal installments. This agreement will finally resolve the disputes regarding the reverter clause and will forever release the property from that clause. He said he believes this is a smart move and if there is general consensus of the commissioners, the legal staff can draft the settlement agreement with these terms. Mr. Amunds asked Mr. Dowd if it is appropriate to request an Executive Session. Mr. Dowd replied if the Board is inclined to go forward with the settlement offer, it can make that decision now. Mr. Harris said Mr. Boyles and Mr. Padgett have done a youman’s job and he feels the proposed agreement meets the boundaries established during the Executive Session. He stated he is 100% in favor of the proposal and would like to make a motion for staff to move forward. Mr. Parisot voiced concern because the commissioners have just received a copy of the letter and questioned approving the item at this time. Mr. Boyles responded that was not his intent. He pointed out he received direction from the majority of the commissioners and carried out the task. Mr. Boyles stated he is requesting authorization for staff to prepare the necessary paperwork which will be returned to the Board for approval. Mr. Harris advised his motion is to allow staff and Commissioner Boyles to work this agreement through the process for resolution of the lawsuit. Upon inquiry by Mr. Parisot, Mr. Dowd stated Special Counsel Greg Stewart will participate as well as himself in these efforts. Mr. Amunds said he understands going forward and the final document can be placed on the agenda. He questioned the renovation plans for the Shalimar Annex without having the need July 2, 2013 -2- Minute Book 69, Page 187 Okaloosa County Board of County Commissioners for a judicial presence once this issue is resolved. Mr. Dowd clarified that Mr. Harris’ motion is to allow staff to put together the formal documents. Mr. Boyles stated this is an informational item. Mr. Harris restated his motion is to firm up the offer and proceed with preparation of the agreement. Mr. Boyles remarked that he does not want to get too far ahead and he is happy with a consensus rather than a formal vote. Mr. Harris withdrew his motion. Mr. Parisot said he has no problem with staff going forward. Mr. Windes advised that he is in consensus and thanked Mr. Boyles for his work on this matter. Mr. Parisot stated he has no comments for the Commissioner’s Minute segment. CONSENT AGENDA APPROVAL Mr. Parisot made motion, seconded by Mr. Harris, to approve the Consent Agenda: 1. Minutes for May 7, 2013 regular meeting; May 21, 2013 regular meeting; June 4, 2013 regular meeting; and June 4, 2013 executive session 2. Budget Resolutions and Transfers: (a) Resolution amending FY 2013 Budget, General Fund (Florida Department of Agriculture and Consumer Services food commodities grant) RESOLUTION NO. 13-95 (BA #113) (b) Resolution amending FY 2013 Budget, Tourist Development Fund (FDEP grant amendment #2 for Fort Walton Beach dune restoration project) RESOLUTION NO. 13-96 (BA #114) (c) Resolution amending FY 2013 Budget, Tourist Development Fund (reimbursement for donations from British Petroleum Exploration and Production, Inc. and Florida Coastal Northwest Communications Council) RESOLUTION NO. 13-97 (BA #115) (d) Resolution amending FY 2013 Budget, Tourist Development Fund (reimbursement for donations from British Petroleum Exploration and Production, Inc. and Florida Coastal Northwest Communications Council) RESOLUTION NO. 13-98 (BA #116) (e) Resolution amending FY 2013 Budget, Prisoner Benefit Fund (original budget did not reflect adequate appropriations for inmate calling cards and charges for services) RESOLUTION NO. 13-99 (BA #117) July 2, 2013 -3- Minute Book 69, Page 188 Okaloosa County Board of County Commissioners 10. ll. 12. 13. 14. (£) Resolution amending FY 2013 Budget, Additional Court Cost Fund (original budget did not reflect adequate appropriations for Information Technology $2 and $4 added services charges) RESOLUTION NO. 13-100 (BA #118) (g) Resolution amending FY 2013 Budget, Solid Waste Enterprise Fund (FDEP grants carried forward) RESOLUTION NO. 13-101 (BA #119) (h) Budget Transfer: Tourist Development Plan, local match for FDEP grant amendment #2 for Fort Walton Beach dune restoration project, BT-13-26 Public Works: Renewal of facility lease with Emerald Coast Wildlife Refuge, Inc. for one additional year Airports: Contract renewal with LPA Group for professional aviation engineering services at county airports Airports: Contract renewal with Reynolds, Smith and Hill for professional aviation engineering services for county airports Airports: Contract renewal with Kimley-Horn & Associates for aviation engineering services for county airports Tourist Development: Final payment to Aquatic Plants of Florida, Inc. in the amount of $200,916.11 for Western Destin and Okaloosa Island Dune Vegetation Projects Public Works: Request from Tropical Beach Weddings for a Qualified Beach Vendor Certificate for calendar year 2013 Risk Management: Approval of Worker’s Compensation Claim settlement with Laraine Paxson Information Systems: Approval of and authorization for Chairman to execute Revocable License Agreement with KRA Holdings of Florida to allow IS right of entry to Kelly Plantation Golf Course to provide fiber optics to new SLERS antenna County Administrator: Change Airports budget workshop presentation from July 17, 2013 to August 6, 2013 Purchasing: Recommendation to award bid for Eglin Main Packaged Generator to Cummins Mid-South as low bidder meeting specifications with a bid of $103,133 Purchasing: Recommendation to award bid for Eglin Main Packaged Pump Station and Wetwell to Pump & Process Equipment as low bidder meeting specifications with a bid of $712,935.20 Authorization for Surety Land Title of Florida to prepare quitclaim deed for successful bidder converting her Okaloosa Island leasehold interest to fee simple title (Leslie Saunders Wells, formerly Leslie S. Herrington) RESOLUTION NO. 13-102 July 2, 2013 -4- Minute Book 69, Page 189 Okaloosa County Board of County Commissioners 15. Sheriff: Authorization to submit FY 2013 Edward Byrne Memorial Justice Assistance Grant application in the amount of $29,400 for new rolling storage system to extend and better organize evidence storage capacity and to fund ballistic shields 16. Water & Sewer: Temporary lease renewal with Choctawhatchee Electric Cooperative (CHELCO) for space in the Bluewater Bay OCWS office 5 yeas. PURCHASING - FEE SCHEDULE FOR RESTORE ACT CONSULTANT Mr. Jack Allen, Purchasing Services Manager, stated staff was directed to negotiate with Matrix Design Group for RESTORE Act consulting services. He reported the cost for the first year is $147,436. (A list of negotiated fees and rates was attached to the agenda request. The contract will have language allowing amendment and/or extension if additional work is require.) Mr. Allen requested approval of the negotiated fees and rates and approval of the subsequent contract. Mr. Amunds asked even if administrative fees are reimbursed by RESTORE Act funding, where the money for these fees will come from. Mr. Allen replied that is the Board’s decision. Mr. Parisot stated there will be no up-front payment but quarterly billing for services which were provided. Upon inquiry by Mr. Amunds, Mr. Stanford confirmed a separate account can be set up to track these expenditures. Mr. Parisot said he feels the travel expenses he incurred regarding Consortium meetings could be recouped as part of the RESTORE planning. Mr. Stanford responded that if those expenses are reimbursable, those costs must be isolated. Continuing, Mr. Stanford reported the Florida Association of Court Clerks (FACC) is considering accounting procedures for RESTORE Act monies as a separate fund and that is his intention unless directed otherwise by FACC. Mr. Parisot made motion, seconded by Mr. Boyles, to approve the rate/fee schedule and subsequent contract with Matrix Design Group for RESTORE Act consulting services. 5 yeas. PURCHASING - REQUEST TO HIRE AUCTIONEER FOR SALE OF SURPLUS FURNITURE AND PORTABLE BUILDINGS Mr. Allen requested authorization for staff to hire auction services for disposal of two portable buildings located at the Shalimar Annex, as well as office equipment within the Annex and July 2, 2013 -5- Minute Book 69, Page 190 Okaloosa County Board of County Commissioners furniture turned it by the Tourist Development Department. Upon inquiry by Mr. Parisot, Mr. Allen stated county departments have gone through the office equipment from the Annex and it has been picked over pretty good. Mr. Harris made motion, seconded by Mr. Parisot, to approve the department’s request to hire auctioneer services. 5 yeas. GROWTH MANAGEMENT - APPROVAL OF CHANGES TO 2013-16 LOCAL HOUSING ASSISTANCE PLAN Mr. Elliot Kampert, Growth Management Director, stated that on May 21, 2013, the Board approved transmittal of the Local Housing Assistance Plan (LHAP) for Fiscal Year 2013-14 through 2015-16 and various supporting documents to the Florida Housing Finance Corporation (FHFC). He said FHFC has completed its review and recommended three changes. Those changes and the actions taken are listed below. 1. In Section i, missing a description of “Program