Okaloosa County BOCC — March 18, 2014 — Minutes

February 18, 2014 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 Water & Sewer Administration Building in Fort Walton Beach. Members present were Charles K. Windes, Jr., Chairman; Nathan Boyles, Vice Chairman; Wayne Harris; Dave Parisot; and Don Amunds. Also present were Gary J. Stanford, Finance Director, Clerk’s Office; Ernie Padgett, County Administrator; John Dowd, County Attorney; and members of the press. COUNTY ADMINISTRATOR'S UPDATE Mr. Padgett stated he has nothing this evening. COMMISSIONER'S MINUTE Mr. Parisot stated he will withhold his comments on contracts and leases until he discusses them with Mr. Padgett. Mr. Boyles, Mr. Harris, Mr. Amunds, and Mr. Windes all said they have nothing at this time. PUBLIC COMMENTS REGARDING AGENDA Mr. Taylor Ward, Sandman, LLC (Benning Drive, Destin) stated there is an item on the Board’s agenda regarding a proposal for in-house beach cleaning services. He distributed an analysis of the annual costs for beach cleaning operations, including the number of personnel needed, projected man hours, types of equipment, and associated costs. Mr. Ward estimated the total labor costs for one year at $183,870. Based on Sandman’s real world costs, he estimated trash and seaweed disposal at 300 to 500 tons yearly. Mr. Ward said in an effort to provide a better understanding of what goes on and what his company does, he has provided a large display board with photographs of all the equipment necessary for his operation. Mr. Ward stated he has been doing this for more than ten years. He pointed out that our beaches are ranked one of the cleanest beaches in the world and he would like to think his company has been a part of that. He referred to the photographs and emphasized this is how much equipment is needed to do the job properly. Mr. Ward said he has reviewed the analysis prepared by the Public Works staff for an in-house operation. He stated February 18, 2014 -l- Minute Book 70, Page 239 Okaloosa County Board of County Commissioners that he understands the county is doing the best it can under the circumstances but there is a busy season ahead of us and feels staff’s projected costs are off. Mr. Ward told of his desire to work for the Board and the citizens of this county and how he loves living here. He briefly addressed the series of events regarding the bidding for beach cleaning services last year. Mr. Ward stated he is located in Destin and he is ready to go to work. Mr. Parisot responded he does not think Mr. Ward is ready because of the litigation with Okaloosa County. He reiterated that until that issue is settled, Mr. Ward is not ready. Mr. Parisot also felt another RFP would have to be issued for these services. Mr. Ward said he believes the merits of his initial concerns have been validated. He stated you must look beyond “a number written in a box” to determine who is the most qualified. Mr. Ward said he followed the rules. Regarding the litigation, he advised that he has no desire to do this and asked who would not stand up for himself. Mr. Ward stressed that until you have been out there, you will not have an understanding of what it takes to do the job. He repeated he just wants to go to work. Mr. Boyles said even if the Board wanted to make a decision tonight, it cannot because of the order issued by Judge Stone prohibiting the Board from taking any action. He stated he was Supportive of Sandman’s proposal but that was not the majority feeling of the Board. Mr. Boyles said the county employees are doing their best. He reiterated the Board cannot do anything regarding the beach cleaning contract until Judge Stone says it can. Mr. Ward noted the other company has not filed a protest. He believed the Board could move forward to award the contract right now and it would not be illegal. He said Judge Stone stopped the bidding process because Sandman asked him to. Mr. Dowd stated a proposed settlement could be taken to the Courts for consideration. Mr. Harris referred to an earlier comment by Mr. Ward about this being difficult for him and said he understands. February 18, 2014 -2- Minute Book 70, Page 240 Okaloosa County Board of County Commissioners It was Mr. Amunds’ belief the Board could not take the action Mr. Ward recommends because of Judge Stone’s order. Upon inguiry by Mr. Dowd, Mr. Ward said the case is scheduled for mediation on March 12. Mr. Ward stated we can wait for Judge Stone but he does not think that it is necessary. He stated after the county factors in equipment costs, there will be no savings for taking on the beach cleaning in house. Mr. Mike Mennick, Fort Walton Beach, stated he was Chairman of the Tourist Development Council when he first met Mr. Ward. Mr. Ward wasS going to take over the beach cleaning service for another contractor who had lost his business. Mr. Mennick said Mr. Ward understood he would lose money but took the job anyway. The next year Mr. Ward proposed a new price for the services and the TDC Executive Director at that time (Darrel Jones) thought the price was too high. An analysis was conducted and TDC learned they could not do it in house for less. Mr. Mennick remarked that Mr. Hofstad has done the best he can to provide the numbers but he is not in the beach cleaning business. He stressed that Mr. Ward really cares about his work and encouraged the Board to work something out to allow him to take on the beach cleaning services. Mr. Bruce Ming, Destin, stated he has been in the tourist business all his life. He said he read the newspaper article about the proposed in-house work and he does not see how the county can do it without an additional crew. Mr. Ming stated the necessary equipment is expensive and asked if it could be delivered within the next 90 days. He said the beaches are our best asset and asked the Board to reconsider taking on this project. Upon inquiry by Mr. Harris about Mr. Ming’s experience in beach cleaning, Mr. Ming replied he and his family have been in heavy equipment and construction for many years. Mr. Chris (last name unclear) stated he has been driving one of the beach cleaning trucks since 2007 and pointed out some of the issues you must be aware of, including “the turtle people.” He felt the decision to do the service with county forces could put the county in a bad position. Mr. John Fitzgerald, Coastal Beach Services, stated he has known Mr. Ward for about 20 years. He told the Board how many properties his company provides services for and said Mr. Ward has always been prompt in responding to problems, such as a tree February 18, 2014 -3- Minute Book 70, Page 24] Okaloosa County Board of County Commissioners or dead fish washing up on the beach. Mr. Fitzgerald said he wants to throw his support behind Mr. Ward. Mr. George Gray, Destin, is the turtle watch contractor. He spoke of the importance of being on the beach before the beach cleaning services and said he has always been able to work well with Sandman. Mr. Sean Swaggart, Pensacola, stated he owns a beach service in Perdido Key but he spends his money in Okaloosa County because the beach environment is better than where he lives and works. He said the job the beach cleaners do is not a 40-hour per week kind of job and some days the crews work 10 to 12 hours a day. Mr. Swaggart questioned how the county would be able to provide the service without overtime or hiring additional people. Mr. Troy Ward, Destin, referred to the photo display Taylor Ward made at the beginning and said the value of that equipment is near $1 Million. He said the equipment is high maintenance and must be replaced every three to five years. Mr. Troy Ward questioned how the county could do this service with two employees and a 20-year old truck. He did not feel the information supplied by the department was sufficient. Mr. Troy Ward stated saving money is not what is at stake but the beautiful beaches. He asked if Public Works can be prepared to start within 14 days when Spring Break begins. He continued, saying there should be no delay and when the condition of the beaches is a problem it will be the five commissioners who will be held accountable. Mr. Chris Rasner, owner of Sand, Sea and Sun Beach Services, stated he and his staff witness firsthand the difficulties associated with beach cleaning. He voiced his opinion that he does not believe the county is prepared to do this work. Mr. Rasner stated prior to Tropical Storm Karen, the county removed all the trash cans from the beaches and it took them two days to put them back after the storm. During those two days the trash just piled up. He said that would not have happened with Taylor Ward. Mr. Rasner stated contractors can be held accountable and asked how county employees will be held accountable. February 18, 2014 -4- Minute Book 70, Page 242 Okaloosa County Board of County Commissioners PUBLIC HEARING - REQUEST FROM ALPHA OMEGA INVESTMENT TO AMEND FLUM DESIGNATION AND REZONE .43 ACRE IN NICEVILLE (Tabled from January 21, 2014 meeting) Mr. Stanford read the advertised legal notice for public hearing requested by Alpha Omega Investment to amend the Future Land Use Map (FLUM) designation from Low Density Residential (LDR) to Commercial (C) or a more restrictive FLUM designation for .43 acre located at 1445 Pine Street in Niceville. Further, if the FLUM deSignation is approved, the applicant requests the zoning for the subject parcel be changed from Residential - 1 (R-1) to General Commercial District (C-3) or a more restrictive zoning district. He pointed out this hearing was tabled from a previous meeting. Because this hearing is a quaSi-judicial proceeding, Mr. Dowd asked anyone desiring to speak to stand and be sworn in. Mr. Elliot Kampert, Growth Management Director, stated this request is submitted by Natalia Sevciuc as agent for Alpha Omega Investment Union. The petitioner is seeking to amend the FLUM designation and rezone the subject parcel. He briefly listed the staff findings, detailing the various changes to. the property’s designation from 1990 through 2010. Mr. Kampert reported no public comments have been received and the Planning Commission voted to approve the requests. No one came forward to speak in favor of or in opposition to this request. Mr. Parisot made motion, seconded by Mr. Harris, to approve the changes to FLUM and zoning designations as advertised. 5 yeas. ORDINANCE NO. 14-04 (FLUM) ORDINANCE NO. 14-05 (Zoning) PUBLIC HEARING - ORDINANCE AMENDING MID-BAY REGIONAL ACTIVITY CENTER Mr. Stanford read the advertised legal notice for public hearing to consider adoption of an ordinance amending the Mid-Bay Regional Activity Center (RAC) to extend the expiration date of the RAC Infrastructure Agreement. Because this hearing is a quasi-judicial proceeding, Mr. Dowd asked anyone desiring to speak to stand and be sworn in. February 18, 2014 -5- Minute Book 70, Page 243 Okaloosa County Board of County Commissioners Mr. Kampert pointed out the staff report is voluminous and he will summarize the findings. He explained the Mid-Bay Regional Activity Center (RAC) consisting of 187.1 acres was approved by the Board on September 12, 2000. This decision was based on findings that the then-vacant land was suitable for high- intensity development and was served by adequate existing and planned infrastructure. The RAC is bounded by Choctawhatchee Bay on the north, Regatta Bay Subdivision on the east, Highway 98 on the south, and to the west by State Road 293, Destin Middle School, and the Mid-Bay DRI. Developments within the RAC include Destin Commons and the Turnberry Harbour Condominium. The requested expansion to the RAC would consist of 23 acres, outlined as follows: 13-acre Mid-Bay Marina DRI, 6-acre parcel along the southeast boundary of the Turnberry Harbour PUD, 2 acres along Legendary Marina Drive, and five other parcels totaling 2 acres. The City of Destin has participated in the process, as well as the Florida Department of Economic Opportunity. No one came forward to speak in favor of or in opposition to the request. Mr. Boyles made motion, seconded by Mr. Amunds, to adopt the ordinance amending the Mid-Bay RAC as advertised. 5 yeas. ORDINANCE NO. 14-06 PUBLIC HEARING - ADDITION OF STREET LIGHT IN OKALOOSA ISLAND MSBU Se aaa Mr. Stanford read the advertised legal notice for public hearing to consider a request to add a street light at 614 Pelican Drive in Fort Walton Beach, located within the Okaloosa Island Street Lighting Municipal Services Benefit Unit (MSBU). Mr. John Hofstad, Public Works Director, stated a request has been received from the Okaloosa Island MSBU Committee for installation of an additional street light at 614 Pelican Drive. The monthly fee of $6.04 will be absorbed by the MSBU and no additional assessment will be required. He advised the department has received no objections to the request. No one came forward to speak in favor of or in opposition to this request. February 18, 2014 -6- Minute Book 70, Page 244 Okaloosa County Board of County Commissioners Mr. Parisot made motion, seconded by Mr. Amunds, to approve the installation of an additional streetlight as requested and advertised. 5 yeas. PUBLIC HEARING - REQUEST BY THOMAS WATKINS TO VACATE PORTION OF SECOND AVENUE AND PORTION OF ALLEY IN BLOCK 2, TOWNSITE OF PORT DIXIE Mr. Stanford read the advertised legal notice for public hearing to consider a request from Thomas Watkins (Watree Construction) to vacate a portion of Second Avenue right-of-way and a portion of the east-west alleyway through Block 2 in the Townsite of Port Dixie Subdivision. Mr. Hofstad stated the department received a request from Mr. Watkins to vacate right-of-way adjacent to Lots 15 through 18 in Block 2 of the platted Townsite of Port Dixie. The right-of-way 1s along Second Avenue and measures 20’X120’. Also requested for vacation is an unopened alleyway in Block 2 which measures 20'X120’. He reported that no objections have been received and staff supports the request. Mr. William Siedow stated he owns property on Meigs Drive and if the right-of-way is vacated, it will remove access to his property. Upon inguiry by Mr. Parisot, Mr. Siedow answered he is talking about the alley which comes in from Third Avenue. Mr. Parisot also asked for clarification on the location of Mr. Siedow’s property, pointing out that if Mr. Siedow is directly south and an adjoining property owner, he will get half of the vacated alley and still have access to the rear of his property. It was learned that Mr. Siedow’s property is not directly south of the subject property but to the southwest. Mr. Boyles noted this is a wooded area. Mr. Siedow said the people directly south of the described area have already installed a fence. Mr. Parisot noted that is a Code Enforcement issue. Mr. Boyles stated the unmaintained land is no man’s land and should be used or go to the adjoining property owners. He advised that he will support the vacation. Mr. Parisot commented the alleyway has not been accessed for some time and Mr. Siedow still has access from Meigs Drive. Mr. Boyles made motion, seconded by Mr. Parisot, to vacate the right-of-way and alley as advertised and to retain all normal stipulations. 5 yeas. RESOLUTION NO. 14-46 February 18, 2014 -7- Minute Book 70, Page 245 Okaloosa County Board of County Commissioners PRESENTATION - PROCLAMATION, 1257" ANNIVERSARY OF FLORIDA PUBLIC HEALTH AND PUBLIC HEALTH HERO, LIZA JACKSON Mr. Windes asked Okaloosa County Public Health Director Dr. Karen Chapman to join him at the podium. Mr. Windes read a proclamation recognizing the establishment of the State Board of Health in 1889 and describing the efforts of Liza Jackson and the Women’s Club who laid the groundwork for public health in our community. The proclamation recognizes the 125°" Anniversary of Florida Public Health, as well as recognizing Liza Jackson as our Public Health Hero. Dr. Chapman recapped the yellow fever epidemic which led to the establishment of the Board of Health in 1889. She stated beginning in 1921 Mrs. Jackson and members of the Women’s Club worked tirelessly to improve public health in our community. Okaloosa County’s public health department was begun in 1941 and the first Health Department building in the county was opened in 1942. Mr. Boyles made motion, seconded by Mr. Amunds, to approve the proclamation as read. 5 yeas. PRESENTATION - PROCLAMATION, DISTINGUISHED YOUNG WOMEN’S DAY Mr. Windes asked Natalie Lawson to join him at the podium. Mr. Windes read a proclamation describing the merits of the Distinguished Young Women Program (formerly America’s Junior Miss) which is the largest and oldest national scholarship program for high school senior girls. The program promotes and rewards scholastic aptitude, leadership and talent. Ms. Natalie Katherine Lawson was awarded the title of Distinguished Young Woman of Florida for 2014. She is a senior at Fort Walton Beach High School, is the captain of the Fort Walton Beach High School cheerleading team, historian of the National Honor Society, a member of the Science National Honor Society, and Vice President of Student-2-Student. Ms. Lawson stated it is an honor to represent the State of Florida and Okaloosa County in this national competition. She stated being recognized by the community is very rewarding. Mr. Parisot made motion, seconded by Mr. Harris, to approve the proclamation designating July 19, 2014 as Distinguished Young Women’s Day in Okaloosa County in honor of Natalie Katherine Lawson. 5 yeas. February 18, 2014 -8- Minute Book 70, Page 246 Okaloosa County Board of County Commissioners VISITOR - BRETT HENNIG OF FRAZIER LANIER COMPANY, INDUSTRIAL BONDS FOR AUBURN WATER SYSTEM As the visitor was coming forward, Mr. Boyles stated he is General Counsel for Auburn Water System and will be abstaining on the vote. Mr. Brett Hennig stated the Frazier Lanier Company is an investment banking firm and he is present tonight on behalf of Auburn Water System (AWS). Submitted for consideration is an Inducement Resolution relative to tax exempt bonds for AWS. The purpose for issuance of one or more series of the Utilities System Revenue Bonds is financing and refinancing costs related to refunding of certain indebtedness and acquisition, construction and equipping of improvements to the existing Auburn Water System. Mr. Hennig explained the county will act only as a conduit and it will not pledge the full faith and credit of Okaloosa County. Approval of the resolution will allow AWS to move forward. Mr. Mark Mustian of Nabors, Giblin & Nickerson, explained these are industrial development bonds and Okaloosa County would be issuing bonds on behalf of a private company. He stressed that neither the credit nor taxes of the county will be impacted. Mr. Mustian advised the next step in the process is a public hearing before the Board. There was a brief discussion with Mr. Dowd pointing out the county has done this multiple times. Mr. Harris made motion, seconded by Mr. Parisot, to approve the Inducement Resolution. 4 yeas, 1 abstained (Mr. Boyles abstained). RESOLUTION NO. 14-47 CONSENT AGENDA APPROVAL Mr. Windes stated #29 will be pulled for discussion. Mr. Parisot asked for #16 to be considered separately and Mr. Boyles asked for #26 to also be removed for discussion. Mr. Parisot made motion, seconded by Mr. Boyles, to approve Items #1 through #15, #17 through #25, #27, #28, and #30. 5 yeas. 1. Information Systems: First Amendment to Contract C10-1838- TS with World Fiber Technologies, Inc. February 18, 2014 -9- Minute Book 70, Page 247 Okaloosa County Board of County Commissioners FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS ST NAME—FIRST NAME—MIDOLE ws NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE iN . : i gc Lowm $40 ie Sots: Q| c¢ THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON C 3 Ss ‘\eveson v . WHICH | SERVE IS A we of OUNTY Q) city O OTHER LOCAL AGENCY head 32 E + | we ref Pon NAME OF POLITICAL ge Coa As ia a DATE ON WHICH VOTE OCCURRED 2 /| > / ; viv POSITION TS. wd ae ELECTIVE Q APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or otner 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 {aw 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 loca! 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 ts 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 basis 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 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 fram 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 tne form in the minutes. * * ‘*k * * * * * * * ¥* * « « t * 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 complete 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 8B- EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) + Acopy 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 copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. . DISCLOSURE OF LOCAL OFFICER'S INTEREST , NV. = = p ‘ Doyles , hereby disclose that on Fe ke ty \ gs , 20 ibe (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, Y inured to the special gain or loss of A v buen. LW a tev ay. ih fev, Ine. _ by whom ! am retained; or inured to the special gain or loss of , which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure ts as follows: tem V/, ot. J om Geese Lovu sel Yor Avuen wWoter Sy stem, Tne. ube 4s See Ling doovd app tosen| ty author 22 the 1$S$Uance oF toy exewot oar Pec ne, (eDayment ot obligations re lative. bo the prov iS TO of Po taskle. Water AS & vure| Water ld 2/1 P/14 Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2 2. Information Systems: Final Payment to CCI Systems, Inc. on Contract C13-2034-IS for Duke Field Secondary Control and Data Acquisition (SCADA) Fiber Optic Link Project in the amount of $161,113.72 3. Airports: Approval of and authorization for Chairman to execute contract with Birkshire Johnstone, LLC for the Eglin AFB ARFF Development Project in the amount of $2,616,793.60 4. Water & Sewer: Proclamation designating May 4-10 as Drinking Water Week 5. Water & Sewer: Proclamation designating April as Water Conservation Week 6. Public Works: Request from Destin Yoga to renew Qualified Beach Vendor Certificate for calendar year 2014 7. Public Works: Public Event Permit request from Southern Events Management to use county beach for week-long Emerald Coast Volleyball Tournament, April 23-27, 2014 8. Purchasing: Recommendation to award bid for repairing drainage infrastructure to Insituform Technologies and to authorize Chairman to execute contract 9. Growth Management: Reappointment of Jeff Linn and Joel Richardson to Electrical Competency Board 10. Growth Management: Reappointment of David Cummins to Plumbing Competency Board 11. Growth Management: Reappointment of David Galliard, Roger Casey, and Lee Jackson to Mechanical Competency Board 12. Growth Management: Reappointment of Skip Royster to Construction Competency Board 13. Finance: Budget Resolutions and Budget Transfers (a) Resolution amending FY 2014 Budget, General Fund (budget transfer in from Capital Outlay Construction Fund for Shalimar Annex asbestos survey) RESOLUTION NO. 14-48 (BA #81) (b) Resolution amending FY 2014 Budget, Airport Enterprise Fund (appropriations for Airport Revenue Refunding Bond Series 2014) RESOLUTION NO. 14-49 (BA #82) (c) Budget Transfer - Capital Outlay Construction Fund, providing funding for Facilities Maintenance projects approved at the February 4, 2014 BCC meeting; BT-14-26 (d) Budget Transfer - Capital Outlay Construction Fund, provide funding for final payment to Skanska/Lord & Son for Courthouse Annex Extension approved at January 21, 2014 BCC meeting; BT-14-27 February 18, 2014 -10- Minute Book 70, Page 248 Okaloosa County Board of County Commissioners 14. Growth Management: Task Order No. 55 Amendment 1 with Okaloosa County Transit for reimbursement of operating costs for Fixed Routes 11 and 12 in Crestview 15. Purchasing: Recommendation to award bid for repair and painting of Countryview and Bluewater Tanks to American Suncraft Construction Company, Inc. as lowest bidder meeting specifications with a bid of $543,475 17. Purchasing: Recommendation to award bid to lowest bidder meeting specifications and approval to purchase two 14- cubic yard heavy-duty dump trucks from Orlando Freightliner with a bid total of $185,418 18. Purchasing: Award contract for electrical manhole rehabilitation to Bill Smith Electric, Inc. 19. Purchasing: Award bids for network cabling and repair and authorize Chairman to execute contracts with all five bidders—Datech, Glaze Communications, GSC Communications, Network Cabling Services, and Universal Cabling System 20. Purchasing: Recommendation to award bid for reroofing TDD Welcome Center to Ameritech Enterprises LLC as low bidder meeting specifications with a bid of $96,350 and authorize Chairman to execute contract 21. Purchasing: Recommendation to award bid for biosolids removal and transportation to R & E Farms as lowest bidder meeting specifications 22. Growth Management: Authorization for Chairman and County Attorney to execute Federal FY 2014 FTA Certifications and Assurances and to approve electronic submission of the documents 23. Airports: Approval for Purchasing Department to solicit quotes in lieu of bids for the Cell Phone Waiting Area Parking Lot project at Northwest Florida Regional Airport 24. County Administration: Resolution supporting the widening of Highway 98 RESOLUTION NO. 14-50 25. BCC Records: Approval of regular meeting minutes for January 7 and January 21, 2014 27. County Administration: Resolution supporting legislation to control the Lionfish population in the Gulf of Mexico RESOLUTION NO. 14-51 28. County Administration: Resolution relative to reimbursement of certain costs and expenditures relating to public improvements in and for Okaloosa County RESOLUTION NO. 14-52 30. Information Systems: Task Order No. 4 with Polyengineering for professional services for the Okaloosa County Fiber Optic Project at a not-to-exceed cost of $100,000 February 18, 2014 -l11- Minute Book 70, Page 249 Okaloosa County Board of County Commissioners 16. Purchasing: Authorization to dispose of surplus items at auction through Global Enterprises Mrs. Zan Fedorak, Purchasing Manager, stated the Facilities Maintenance Department is trying to expedite removal of all furniture and other items which remain in the Shalimar Annex to allow for demolition of the building. She stated departments have been allowed to go through the building to get any usable items. Mrs. Fedorak advised that she has a listing of additional surplus items she would like to add for the auction. she also noted there may be such items as doors, door frames, windows, etc. which may be salvaged from the Annex and put out for auction. Mrs. Fedorak reported the online auction services provided by our contract auctioneer Global Enterprises have generated more than double the revenue over the county’s onsite auctions. Mr. Parisot made motion, seconded by Mr. Boyles, to approve this agenda item and the additional lists of surplus items. Mrs. Fedorak stated she has supplied the Clerk with the lists. 5 yeas. 26. Airports: Authorization to re-advertise for vehicle lease quotes Mr. Boyles stated he realizes Airports Director Sunil Harman has inherited “all of this baggage” but he noticed the language of the lease agreement from two years ago stated the leased vehicles would have the county logo on them. He said either that was not done or the decals/logos did not stay on. He remarked that has bugged him because having the logos on the vehicles is a constant reminder for the employees driving them to be more attentive to their driving. Mr. Boyles noted there is no analysis to say that leasing the vehicles is fiscally the right thing to do. He said he understands we now may be under a time constraint and wondered if the lease could be extended. Mr. Harman acknowledged the constraint, saying the vehicles must be returned by June. He said the purchasing process will take 120 days and his primary concern is operational impact. Mr. Amunds asked if this item can be tabled until the next meeting. Mr. Harman responded by saying an analysis can be prepared in that timeframe. He stated he does not see any advantage of purchaSing vehicles, adding that he does not have $300,000 in the budget to purchase them. Upon further inquiry by Mr. Amunds regarding decals, Mr. Harman stated they can affix the magnetic decals. Mr. Parisot suggested decals be placed on February 18, 2014 -12- Minute Book 70, Page 250 Okaloosa County Board of County Commissioners the windows. He said the magnetic decals could easily be removed. Mr. Boyles stated he is not suggesting anyone from the Airports Department has done anything they should not have with a vehicle. Mr. Harman reiterated his concerns on the timeline and operations constraints. He said the decals to be affixed would be specific to the Airports and the vehicles would also have “lights” and could be used as extra police vehicles. Mr. Amunds stated the leasing of the vehicles was done on a trial basis. He asked Mr. Harman if this is his recommendation as the director of the department. Mr. Harman replied, “Yes, commissioner. It works well.” Mr. Harris made motion, seconded by Mr. Parisot, to approve the department director’s request to solicit proposals to lease vehicles for the Airports Department with the stipulation the decal is placed on the vehicles. Mr. Boyles stated he wants a decal that is comparable to the county logo on other county vehicles. Mr. Harris said he cannot recommend magnetic ones because that do blow off and told Mr. Harman he would have to come up with something. 5 yeas. Mr. Boyles said the Board may want to consider leasing for the entire fleet of county vehicles. 29. Public Works: Task Order No. 1 with SCS Engineering for 2014 semiannual sampling and reporting of Baker Landfill at a not-to-exceed cost of $96,500 Mr. Hofstad stated there is a discrepancy between the agenda request and the actual task order document with regard to the not-to-exceed cost. The agenda request lists a cost of $99,300 and the Task Order reflects a cost of $96,500. He stated the correct not-to-exceed cost is $96,500 for Task Order #1. Mr. Boyles made motion, seconded by Mr. Parisot, to approve Task Order #1 with SCS Engineering and to clarify the correct cost is $96,500. 5 yeas. GROWTH MANAGEMENT - REQUST TO PURCHASE 19 CUTAWAY BUSES Mr. Elliot Kampert, Growth Management Director, requested approval to purchase 19 cutaway buses from Transit Plus Inc. using Florida State Contract #TRIPS-11-CA-TP at a total cost of $1,448,160. The purchase will be made with existing Federal Transit Administration (FTA) grant funds with no local funds required. Mr. Kampert stated Fleet Operations has confirmed the buses need to be replaced. Upon inquiry by Mr. Amunds, Mr. February 18, 2014 -13- Minute Book 70, Page 25] Okaloosa County Board of County Commissioners Kampert stated the current vehicles are four years old and have 100,000 miles on them which is the FTA established life criteria for cutaway buses per FTA Circular 5010.1D. Mr. Harris expressed his concerns, saying we are starting to delete routes and are now talking about buying new vehicles. He referred to the statement that no local funds will be used and disagreed, saying federal tax dollars are used for the grants. Mr. Kampert stated that if the routes are deleted, the vehicles will be made available for other FTA transit providers. He stressed the importance of purchasing the new buses because the program is “hemorrhaging” money in maintenance costs, adding it is also a safety issue. Mr. Amunds remarked vehicles with more than 150,000 miles on them are safe enough for county employees to drive but not safe enough for OCT. He said he is not comfortable with purchasing these vehicles. Mr. Kampert asked Mr. Amunds if he would consider a “refined request.” Mr. Boyles stated Florida is a donor state, sending more money to Washington than is returned to it. He said he also believes Okaloosa County is a donor county and what we receive back is something less than what we send away. He pointed out that the State of Alabama is a beneficiary state. Mr. Boyles said with the line of thinking that if the transit program goes away the buses will be used by another Florida entity, he will make a motion to approve the agenda item as requested. Mr. Parisot seconded the motion. Mr. Amunds asked if the order for the vehicles could be canceled. Mr. Kampert answered that it does take a while to build them and it depends where they are in the cycle whether or not the order can be cancelled. He also pointed out this FTA region runs from South Carolina to Mississippi and it will be FTA which determines where the vehicles would go with no guarantee they would stay in Florida. 4 yeas, lnay. (Mr. Harris voted no.) GROWTH MANAGEMENT - PUBLIC HEARING FOR POSSIBLE TERMINATION OF TRANSIT ROUTE #33 Mr. Kampert requested approval of a public hearing on March 18 to consider possible termination of Transit Route #33. At the September 3, 2013 meeting, the Board approved a motion to fund Route #33 for 180 days, after which time if the City of Destin cannot assist with funding, the route would be discontinued. He advised the cost to continue this route through the remainder of this fiscal year will be $38,000. Mr. Amunds made motion, February 18, 2014 -14- Minute Book 70, Page 252 Okaloosa County Board of County Commissioners seconded by Mr. Parisot, to approve the department head's request for public hearing on March 18 (9 a.m. in Fort Walton Beach) to consider termination of Route #33. The point was made that perhaps the cities should be given notice the future of other fixed routes will be considered at the March 18 hearing. 5 yeas. Mr. Parisot made motion, seconded by Mr. Harris, to add to the March 18 hearing consideration of terminating other fixed routes. 5 yeas. TOURIST DEVELOPMENT - AGENDA ITEMS #1, #2, AND #4 REMOVED FROM CONSIDERATION Mr. Windes stated TDD agenda items #1, #2 and #4 have been removed. TOURIST DEVELOPMENT - INTERLOCAL AGREEMENT WITH OKALOOSA ISLAND FIRE DISTRICT FOR BEACH RESCUE AND TRANSPORT SERVICES Mr. Ed Schroeder, Tourist Development Department Director, requested approval of an interlocal agreement with the Okaloosa Island Fire District to fund half the cost of a beach rescue vehicle. The one-time payment to the Fire District is $24,726.17. Mr. Parisot made motion, seconded by Mr. Harris, to approve the interlocal agreement and to authorize the Chairman to execute same. Mr. Amunds recommended the vehicle be identified with the proper TDC logo. Mr. Parisot amended his motion to include this provision. Mr. Schroeder pointed out language for affixing the logo is included in the interlocal agreement. 5 yeas. WATER & SEWER SYSTEM - REQUEST FOR PUBLIC HEARING FOR CONSIDERATION OF IN-HOUSE CONSTRUCTION OF NEWCASTLE WATER SYSTEM IMPROVEMENTS Mr. Jeff Littrell, Water & Sewer System Director, stated he would like to correct a scrivener’s error on the agenda request. He advised his request is for approval of a public hearing on March 18 not March 28. The request for hearing is to consider in-house construction of the Newcastle Water System Improvement Project by Okaloosa County Water & Sewer. Mr. Parisot made motion, seconded by Mr. Amunds, to approve the request for public hearing on March 18 (9 a.m. in Fort Walton Beach). 5 yeas. February 18, 2014 -15- Minute Book 70, Page 253 Okaloosa County Board of County Commissioners AIRPORTS - AUTHORIZATION FOR CHAIRMAN TO EXECUTE CONTRACT WITH LORD & SON CONSTRUCTION FOR AIRPORT POLICE STATION Mr. Sunil Harman, Airports Director, pointed out this is a security sensitive item and a link has been provided to the entire contract, stating the document contains 284 pages. His request was for the Chairman to execute the contract with Lord & Son Construction for internal terminal modifications at the Northwest Florida Regional Airport for a Police Station. The contract amount 1s $82,850. Mr. Harris made motion, seconded by Mr. Boyles, to authorize the Chairman to execute the contract. 5 yeas. PUBLIC WORKS - ADDENDUM NO. 3 TO HAZARDOUS WASTE SERVICES CONTRACT WITH ENVIRONMENTAL QUALITY COMPANY Mr. John Hofstad, Public Works Director, came forward to present for consideration Addendum No. 3 to the contract with Environmental Quality Company (EQ) for disposal of hazardous materials. Mr. Parisot made motion, seconded by Mr. Boyles, to approve this contract amendment. 5 yeas. RECESS - The meeting was recessed at 7:40 p.m. and reconvened at 7:50 p.m. PUBLIC WORKS - REQUEST FROM CITY OF FORT WALTON BEACH FOR CLAY FOR BASEBALL FIELDS Mr. Parisot made motion, seconded by Mr. Harris, to approve a request from the City of Fort Walton Beach for assistance in providing clay for the city’s softball and baseball diamonds. 5 yeas. PUBLIC WORKS - REQUEST FROM EMERALD COAST WILDLIFE REFUGE TO EXTEND CONSTRUCTION PROVISION OF LEASE Mr. Hofstad stated the Emerald Coast Wildlife Refuge (ECWR) leases 3.6 acres on Okaloosa Island from the county. The lease was entered into on December 5, 2012; has a twenty-year term; and conveyed the right to construct certain facilities to ECWR. He stated Section 26 of the lease requires certain construction milestones, i.e. construction must commence within 120 days of receiving a Development Order (DO) and completion of construction within two years of the date of the lease. February 18, 2014 -16- Minute Book 70, Page 254 Okaloosa County Board of County Commissioners Mr. Hofstad stated because of delays associated with site access and utilities, ECWR is requesting the date for completion of construction be extended to December 5, 2015. He advised that staff has no objections to this twelve-month extension. Mr. Amunds commented the buildings have been purchased, are currently in Crestview, and ready to come south awaiting the DO. He added they are focusing on Phase I and are hopeful to be up and running by May. Mr. Parisot made motion to approve the request to extend the construction completion date of the contract from December 5, 2014 to December 5, 2015. Mr. Parisot posed questions about maintenance of the grounds. Mr. Hofstad replied that was not a stipulation of the lease with ECWR but it is with the adjoining property lessees (Wild Willy’s Adventure Island and the Gulf Coast Marine Life Center). Mr. Amunds stated ECWR will take care of its own leased property. Mr. Amunds seconded Mr. Parisot’s motion. 5 yeas. PUBLIC WORKS - PROPOSED IN-HOUSE BEACH CLEANING SERVICES Mr. Hofstad stated the subject of in-house beach cleaning services has been before the Board for discussion since December 2013. He said he will not spend a great deal of time rehashing comments made by members of the public at the beginning of the meeting. Mr. Hofstad stressed “We are not looking to build our kingdom” and he takes no position one way or another. He said he was tasked with providing information to the Board on the possibility of providing beach cleaning services by county personnel. Mr. Hofstad stated because there is currently litigation regarding the bid award for contracted beach cleaning services, it became the responsibility of the Parks Division to remove trash from the beaches beginning last October. In December 2013 authorization waS given to rent equipment to rake the sand anda county crew began that function in January. He said they are not experts in beach cleaning but they do know how to operate heavy equipment for site development and road construction. Mr. Hofstad reported the analysis he has submitted is based on workload and the terms of the contract. He emphasized that he is not trying to take anything away from Mr. Ward and his business and it is his job to take the emotion out of the debate. February 18, 2014 -17- Minute Book 70, Page 255 Okaloosa County Board of County Commissioners Mr. Hofstad expressed confidence in the staff analysis. Bottom line figures show an estimated savings the first year of $61,741.38 and $231,141.38 in annual savings after year one. He Said even if they have missed the mark by a 25% variable, the county would still realize savings in the first year of $36,000. Mr. Hofstad continued to detail his analysis using a 25% variable factor. He told the commissioners he does not have the personnel to work Capital Improvement Projects and take on this additional workload. Mr. Hofstad stated absent direction from this Board, he will have to take people off jobs to provide the beach cleaning service. He reiterated the Public Works Department does not have a position on this issue one way or the other. Mr. Hofstad said the department can take charge until the litigation is resolved but he needs direction from the Board. Mr. Boyles stated he came in with an understanding of the litigation and staff’s analysis and had a mindset to bring the services in house. However, he has been impacted by the information provided in tonight’s meeting, pointing out the individual who had the contract has been doing a good job. Mr. Boyles briefly recapped the events of the bid process which included a bid from a company from outside the area, subsequent Board action to reject bids, and resulting litigation. He said Mr. Hofstad’s staff took on the task of beach cleaning and he believes staff can do a good job. Mr. Boyles pointed out there is a separate question to consider and that is “should we do it?”. He said if he could get some level of confidence in the bid process, he feels this could be concluded. Mr. Boyles pointed out the other party who submitted a bid (Sand Raker) has made no comment. He said considering these factors, he could recommend awarding the bid to the incumbent. Mr. Windes commented he cannot argue with that. Mr. Amunds stated he understands what Mr. Boyles is saying but asked how we get from where we are, which is being in compliance with the judge’s order, to take no action to the point of awarding the bid. He questioned the validity of the bids because a lengthy time has passed since the bids were submitted. Mr. Dowd replied it is his understanding the judge will make a decision on March 12. Mr. Harris remarked “That is too late.” Mr. Dowd stated the Court said the Board cannot do anything. He said the Board could possibly settle with Sandman _ but recommended talking with special counsel Greg Stewart who has been handling this issue. February 18, 2014 -18- Minute Book 70, Page 256 Okaloosa County Board of County Commissioners Mr. Amunds referred to rental of the beach cleaning equipment. Mr. Boyles stated the equipment is not the issue but staffing. Mr. Hofstad remarked it is both equipment and staffing. He said one rake will be too slow and the frequency of cleaning will go from three days to five. Mr. Hofstad restated the fact that they cannot clean all the beaches with one sand rake, clarifying they will need another tractor, rake, and more personnel. Mr. Boyles stated the parties to the litigation are the county and Sandman. He said if those two parties could agree to a resolution, it could be presented to the Court for consideration. Mr. Boyles stated we could enter’ into negotiations and draft a settlement agreement. Mr. Dowd noted that Sandman’s attorney is present. Mr. William Ketchersid, representing Sandman, confirmed there are only two parties involved in the litigation. He stated he has no issues with anything Mr. Boyle just said and thinks it is possible. Mr. Ketchersid added he does not know how much further he should comment because Mr. Stewart is not present. Mr. Amunds posed questions about giving staff direction to move forward pending the potential of a settlement agreement being filed with the Courts. Mr. Dowd advised the Board it is in an awkward position. He said the county did advertise for bids pursuant to the Purchasing Policy, rejected one bid and ultimately rejected all bids. Mr. Dowd stated if the Board does settle with Mr. Ward and award him a contract, there is a potential for the other party to file a lawsuit. Mr. Boyles responded he is willing to take that risk. Mr. Parisot stated the Board awarded the contract to the other party and then a protest was filed by Sandman. He said perhaps the other party has been silent until he hears Judge Stone’s ruling. Mr. Parisot pointed out a discussion on the litigation was not on the agenda. Mr. Windes said there is something more important here than Saving money, emphasizing the beaches are the county’s lifeblood. He stated he is interested in fashioning a motion with a contingency for the Court’s approval. Mr. Dowd replied the county could contract with Sandman on an emergency basis while this works through the court system which could be a month or more. February 18, 2014 -~19- Minute Book 70, Page 257 Okaloosa County Board of County Commissioners Mr. Harris stated he has gone from one side to the other on this but he is more concerned about the beaches, saying it could be bleak if we don’t do something. He said he is not certain the county 1S prepared to do this effectively. Mr. Harris pointed out Spring Break begins in two weeks, he knows our people are capable and that savings could be realized in out years but it is the commissioners’ job to do what is right with the taxpayers’ dollars. He said it is bed tax dollars but it is Still tax dollars. Mr. Harris noted this is very difficult for him and said he does like what Mr. Dowd and Mr. Boyles have Said. Mr. Boyles made motion, seconded by Mr. Harris, to instruct staff and legal counsel to work toward a settlement agreement of the lawsuit with deliberate haste; for the Board to issue a contract based on the original bid figures tendered by Sandman; to direct staff and legal counsel to proceed with negotiations for emergency beach cleaning services, pending settlement by the Court allowing for the original proposal; and in the interim staff will continue services with existing equipment and staff. Mr. Amunds stated he takes Judge Stone’s order very seriously and he is not comfortable going forward. Mr. Parisot stated the attorney of record is Greg Stewart. Mr. Harris stated the Board has a County Attorney on the dais. Mr. Dowd said he does not believe Mr. Stewart will have a problem with the motion. Mr. Windes recommended a term of 60 days on the emergency contract. Mr. Boyles clarified that his motion will include a provision for approval of an emergency contract with Sandman for no more than 60 days at the amount tendered on the bid. Mr. Dowd stated the judge will not rule to re-bid and the question is whether or not to award to Sandman. He added that if the county prevails, the Board can do whatever it wants. Mr. Boyles stated the plaintiff (Mr. Ward/Sandman) can dismiss without a court action and it becomes a non-issue. 3 yeas, 2 nays. (Mr. Parisot and Mr. Amunds voted no.) Mr. Boyles clarified the motion does include a not-to-exceed 60-day term pending dismissal of the lawsuit and entering into the original agreement. Mr. Harris thanked Mr. Hofstad and staff for all their efforts. Mr. Boyles was asked once again to clarify the points of his motion. He said: (1) issue a contract on an emergency basis to Sandman for a term not to exceed 60 days (2) direct staff and legal counsel to proceed with a settlement agreement and dismissal of the lawsuit February 18, 2014 -20- Minute Book 70, Page 258 Okaloosa County Board of County Commissioners (3) award the contract for beach cleaning services to Sandman as originally recommended after administrative review by the Interim County Administrator Mr. Harris confirmed his understanding of the motion and his second. FACILITIES MAINTENANCE - RENEWAL OF LEASE WITH ELDER SERVICES FOR OLD FORT WALTON BEACH HOSPITAL SPACE Mr. Don Turner, Facilities Maintenance Director, stated the current lease with Elder Services for space in the old Fort Walton Beach Hospital will expire on March 20, 2014. Elder Services has requested an extension of the term to ten years. He said the current lease is for a two-year term. Mr. Turner noted the draft lease he has prepared has a five-year term inserted. The reason Elder Services is requesting a longer term is because it must invest several thousand dollars to repair kitchen equipment. The equipment is necessary to support the Meals-on-Wheels program. Mr. Turner stated Elder Services is nervous about these expenditures if the next lease is terminated after only two years. He told the Board that Elder Services would prefer a ten-year lease. Mr. Parisot stated there has been discussion about demolition of this building. He pointed out Elder Services has not cleaned out the rooms where it has stored many items. Mr. Turner answered Elder Services is not located in the portion of the old hospital which is to be demolished. He said the Medical Examiner, IS, and Elder Services will remain in the building and they are getting good use of the facility. Upon inquiry by Mr. Amunds, Mr. Padgett stated IS has attempted to assist Elder Services with the telephone system but the infrastructure is not yet in place. Mr. Padgett noted that Elder Services has made headway in cleaning out rooms, saying the rooms were filled with donated items. Mr. Boyles made motion to approve a lease renewal with a ten- year term at a lease rate of $2.00 per year with a stipulation that the tenant will retain any equipment/furniture placed in the lease space during the term of the lease. Mr. Turner stated it will be kitchen equipment, such as a freezer, and not junk. Mr. Amunds stated he will second the motion if Mr. Boyles will cut the annual lease rate back to $1.00. Mr. Boyles accepted the amendment. Mr. Amunds seconded the motion. 5 yeas. February 18, 2014 -21- Minute Book 70, Page 259 Okaloosa County Board of County Commissioners FACILITIES MAINTENANCE - SELECTION OF DESIGN FIRM FOR SHERIFF’S NEW SHALIMAR BUILDING Responses to a Request for Qualifications (RFQ) to design the Sheriff’s new Shalimar building were reviewed and ranked by the selection committee. The top-ranked firm was DAG. Mr. Turner requested authorization to begin negotiations with DAG pursuant to policy. If negotiations fail with the top-ranked firm, he Stated negotiations will begin with the #2 firm (CRA Architects) and, if necessary, with the #3 firm (JDF). Mr. Amunds made motion, seconded by Mr. Harris, to approve the department’s recommendation. Mr. Parisot asked the status of the RFQ for the construction manager for this project. Mr. Turner replied this RFQ was for design and the RFQ for construction has not yet been issued. It was Mr. Parisot’s contention the advertisement was already on the street for the Sheriff’s building. Mr. Turner reiterated the advertisement for the construction phase has not been advertised. 5 yeas. HUMAN RESOURCES - UPDATE ON COUNTY ATTORNEY RECRUITMENT Mrs. Kay Godwin, Human Resources (HR) Director, reported the screening committee has reviewed applications from individuals and proposals from firms to provide legal services for the county when current County Attorney John Dowd retires on July 1, 2014. She said the Board requested the committee narrow the applicants to a field of ten individuals for telephone interviews, noting that was accomplished in early February. Mrs. Godwin stated the committee members have identified two candidates with which they are comfortable recommending for personal interviews. Continuing, she stated proposals were received from three firms: (1) Primary designee Greg Stewart of Nabors, Giblin, & Nickerson, P.A. (2) Primary designee Mike Chesser of Chesser & Barr, P.A. (3) Primary designee Dawn E. Stuntz of Matthews & Jones, LLP Mrs. Godwin requested direction from the Board on how to proceed. Mr. Boyles stated he participated on this selection committee. He said telephone interviews were conducted and the committee felt there were two candidates it could recommend for personal interviews. Mr. Boyles advised that no candidate stood head and shoulders above the rest and did not feel there was a strong February 18, 2014 -22- Minute Book 70, Page 260 Okaloosa County Board of County Commissioners group of candidates. He said some consideration was given to the proposals from firms, saying these were good proposals. Mr. Boyles stated given the nature of the individual applications and the proposals, he felt the proposal from Nabors, Giblin & Nickerson stood out as being cost effective and one the Board could use as a bridge through the Shalimar (Annex) project where an office will be established for the County Attorney. He pointed out the firm has in-depth familiarity with the county’s issues. Mr. Boyles stated the Board may want to consider entering into contract with that firm for a short term, perhaps one year, and then go through the selection process again. Mr. Amunds said if the Board did agree to a_e six-month arrangement with Nabors, Giblin & Nickerson, would it then begin the process all over again or retain the existing applications/proposals and extend the time for submissions. Mrs. Godwin stated it could be done either way but she believes the position should then be re-advertised. Mr. Harris commented that Nabors, Giblin & Nickerson has done a phenomenal job and he is of the mind “don’t mess with a good thing.” He added that he is not saying the Chesser & Barr firm would not be good but he believes there could be conflicts of interest because it is a local firm. Mr. Parisot stated litigation costs will be in addition to the basic fee structure with Nabors, Giblin & Nickerson. He said if the Board goes forward with a contract with this firm, he believes it should be for at least one year with the possibility of extending for one additional year. Mr. Parisot stated he believes the county eventually needs a County Attorney on site, in a county office. He also said the selection of a County Attorney should be an individual who will be in it for the long haul. Upon inquiry by Mr. Amunds about the current contract with Nabors, Giblin & Nickerson, Mr. Dowd replied if the Board chooses to take advantage of their proposal, then it should let the firm propose the contract. Mr. Windes said the Board should look at a timeframe for this arrangement. Mr. Boyles did not feel it was necessary to rush into a decision tonight. Mr. Amunds responded he is prepared to go forward tonight, saying Mr. Dowd may want to use some of the annual leave he has accumulated. February 18, 2014 -23- Minute Book 70, Page 261 Okaloosa County Board of County Commissioners Mr. Boyles made motion, seconded by Mr. Harris, to direct staff to enter into negotiations with the Nabors, Giblin & Nickerson firm based on the proposal submitted. Mr. Windes remarked that ne fails to see how an out-of-town firm can do it cheaper. 4 yeas, 1 nay. (Mr. Windes voted no.) Mrs. Godwin stated she would like to bring closure to the process once a contract is negotiated and recommended all candidates and firms be notified of the Board’s action. The commissioners had no objections to Mrs. Godwin’s recommendation. PUBLIC COMMENTS Mr. Taylor Ward, Sandman, said he would like to take this opportunity to thank the Board. He believed the Board made the right decision with regard to the beach cleaning services and stated he will not let them down. Mr. Ward also thanked Mr. Hofstad and his staff for everything they have done. Mr. Jerry Melvin said on behalf of Ruth Lovejoy and Elder Services, he would like to thank the commissioners for their actions to extend the lease at the old Fort Walton Beach hospital. ADJOURNMENT There being no further business to come before the Board, the meeting was adjourned at 8:55 p.m. DON W. HOWARD CHARLES K. WINDES, JR., CHAIRMAN CLERK OF CIRCUIT COURT BOARD OF COUNTY COMMISSIONERS (These minutes were transcribed by Teresa Ward.) February 18, 2014 ~24- Minute Book 70, Page 262 Okaloosa County Board of County Commissioners