Okaloosa County BOCC — March 18, 2014 — Minutes — reading text

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