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

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