Okaloosa County BOCC — February 11, 2013 — Minutes — reading text

He commented that if this operator is allowed to make terminal improvements as part of the debt satisfaction, the Board must remember there are other FBO operations in the county and they should be treated fairly. Mr. Boyles said the question must be asked if it is in the best interest of the county or is the company creating an advantage for itself. February 19, 2013 -24- Minute Book 68, Page Okaloosa County Board of County Commissioners Mr. Donovan remarked they want to see the company provide services to the flying community. He said the condition of the building reflects on the airport. Mr. Donovan repeated Mr, Boyles’ question as to whether or not it is a good deal and asked about the alternative, particularly if the fuel flow stops. Continuing, Mr. Donovan said Miracle Strip Aviation has closed up and is out of money. He believes the proposal from the new owners is a good faith effort and the terminal improvements will benefit the county for years to come. Mr. Boyles asked if the estimate of $200,000 to repair the terminal indicates a violation of the lease terms regarding maintenance of the building. He also asked if those costs will take it to the original condition or above and beyond. Mr. Donovan answered the former company was in duress. He felt the repair/renovations would not be basic but nice. When asked what might happen if the Board does not agree to the proposal, Mr. Donovan commented on the right strategy and coming back to the Board with a formal assignment of lease document. Mr. Boyles asked if the new owners will offer a personal guarantee for the remainder of the debt, noting his concern if they are unable or unwilling to meet the bargain. Mr. Donovan said he believes that strengthens their hand but said his staff has not looked at their financial capabilities. Mr. Parisot posed several questions on the clauses of the FBO lease which he believed had expired. He also felt renovation of the building in exchange for payment of the debt is using county money for the renovation and asked if they must adhere to county purchasing policy on competitive bids for the work. Mr. Dowd replied pursuant to the lease they have control of the modifications. Mr. Parisot said he does not like having one piece at a time and would like to have the complete package for consideration. Discussion continued. Mr. Harris said he would like to see this “repackaged.” He stated the county is already owed almost a half-million dollars and he needs more than a letter from Regal Capital. When Mr. Amunds asked the consequences of taking no action, Mr. Donovan stated this is his last meeting and he wanted to find a solution. He added that he is happy with the new owners. Mr. Donovan said he believes with direction staff can formalize it in a way in which the Board is more comfortable. February 19, 2013 -25- Minute Book 68, Page Okaloosa County Board of County Commissioners Mr. Windes asked if the Board could approve the concept with Mr. Dowd returning with a formal document. Mr. Parisot commented that Regal knew the terms of the lease and about the debt when it purchased Miracle Strip Aviation interests. He felt the county is making all the concessions. Upon inquiry by Mr. Parisot, Mr. Donovan said the owners have not made a full lease payment yet. Mr. Parisot stated the new owners are not in compliance of the lease right now. Mr. Amunds said the Board does not know the status of the building and renovation costs could be exaggerated. Mr. Donovan stated he will go back to the new owners and bring back a formal lease assignment. Mr. Boyles stated he believes the new owners are making a good faith offer but asked if the county has received the highest and best offer. Mr. Harris recommended staff put together a counter offer, saying he would like to see more cash on the table. Mr. Parisot made motion, seconded by Mr. Harris, to allow a maximum $100,000 debt credit for renovation of the terminal; to accept a good faith cash payment of $150,000; and for the remaining indebtedness to be repaid over six years. 5 yeas. Mr. Boyles clarified that is a solicitation to accept that offer. AIRPORTS - PROJECT EXECUTION PLAN FOR WEST HANGAR AREA IMPROVEMENT PROJECT Mr. Tracy Stage, Deputy Director, came forward to request approval of a Project Execution Plan for the West Hangar Area Improvement Project. These improvements at Bob Sikes Airport will include new access drives, new vehicular parking facilities, and a new FBO terminal building. Some of the components of the project will be funded by Okaloosa County and the Florida Department of Transportation, while others will be privately funded by Emerald Coast Aviation. This plan will spell out the responsibilities of each party. Mr. Jonathan Dunn, Emerald Coast Aviation, provided a conceptual rendering of the proposed FBO terminal which is slated to begin construction in April. He said these improvements are a job- creating tool, noting that any aircraft can land at Bob Sikes Airport. Mr. Harris stated he has read through the plan and it is a good partnership. He then made motion, seconded by Mr. Windes, to approve the Project Execution Plan. Upon inquiry by Mr. Windes, Mr. Dunn said Emerald Coast Aviation will do all maintenance on February 19, 2013 -26- Minute Book 68, Page Okaloosa County Board of County Commissioners the entire leasehold. Mr. Boyles reiterated that he will be abstaining on this vote. 4 yeas. Mr. Boyles abstained. AIRPORTS - DESTIN AIRPORT UPDATE Mr. Stage reported the airport was reopened this past Friday at 6:00 a.m. and provided photographs of the completed project. PUBLIC WORKS -— WASTE FLOW CONTROL OPTIONS Mr. John Hofstad, Public Works Director, stated staff is requesting direction from the Board regarding waste flow operations. He noted that he has spoken with each commissioner individually and with the County Administrator. Kessler Consulting assisted in outlining a strategy to position the county for the future with respect to management of the flow of waste generated in unincorporated areas of Okaloosa County. Mr. Hofstad recommended a public hearing be scheduled for April 16 to discuss the intent to franchise commercial collection and disposal service in 2016. He advised we currently only control 27% of that waste stream. Additionally, the Board will need to take action to either extend the enhanced recycling services to the two pilot areas through the current term of contract or terminate the enhanced recycling program in the two pilot areas and revert to the 18-gallon bin curbside service as outlined in the current contract. Upon commentary from Mr. Boyles, Mr. Hofstad clarified the request is to authorize a public hearing to gather public comment. He clarified “we are vetting the pros and cons.” Mr. Parisot made motion, seconded by Mr. Boyles, to authorizing scheduling a public hearing on April 16 on this. subject. 5 yeas. Ms. Jean Schlitt stated that she lives in the pilot area. She told the Board if they take away the yellow-top cans, she will not recycle. Ms. Schlitt also said that she likes having only one pickup per week. PUBLIC WORKS - ANNUAL RENEWAL OF CONTRACT WITH EQ FLORIDA, HAZARDOUS WASTE DISPOSAL Mr. Hofstad requested renewal of the annual contract with EQ Florida for hazardous waste disposal services. He said this contract will expire on September 30, 2013. Mr.. Parisot made February 19, 2013 -27- Minute Book 68, Page Okaloosa County Board of County Commissioners FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS IN AL Loi Son. Se Sle 2 we WHICH I SERVE IS A UNIT OF: LASE.NAME—FIRST NAME—MIODLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Sen (eS an | : Okaloosa County Board of County Commissi MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON ons conte city QeOuNTY O OTHER LOCAL AGENCY . _ ; NAME OF POLITICAL SUBDIVISION. Creshine re, : CYKAAE. &, DATE ON WHICH VOTE OCCURRED GV POSITIONS 7 -ebruory 19, BoOID _. @ ELECTIVE APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. | Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or _ to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basts are not prohibited from voting in that capacity. For purposes of this law, a “relative” includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A “business associate” means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). * x * * * ” * a * * ¥ * * « * * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. * * * * * * * * * * ® * * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: « You must compiete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 88 - EFF. 1/2000 PAGE 1 nex APPOINTED OFFICERS (continued) * Accopy of the form must be provided immediately to the other members of the agency. « The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: * You must disclose orally the nature of your conflict in the measure before participating. « You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who:must Incorporate the form in the minutes. A