Okaloosa County BOCC — February 16, 2016 — Jan. 5, 2016 minutes — reading text

sanitary improvements) 2016 -6- Minute Book 74, Page 76 Okaloosa County Board of County Commissioners RESOLUTION NO. 16-24 (BA #57) (x) Amending FY 2016 Budget, Solid Waste Enterprise Fund (Florida Department of Environmental Protection grants carried forward for cooperative agreements) RESOLUTION NO. 16-25 (BA #58) (y) Amending FY 2016 Budget, Emergency Medical Services Enterprise Fund (Florida Department of Health grant carried forward for emergency medical services) RESOLUTION NO. 16-26 (BA #59) 2. County Administration: FY 2016 Third Quarter Calendar of meetings (April, May and June) 3. County Administration: Link to written checks and payments made: http://www.okaloosaclerk.com/index.php/transparency- portal/bcc-warrants 4. Growth Management: Revisions to Disadvantaged Business Enterprise Policies 5. Growth Management: Appointment of Dennis J. Chavez to Code Enforcement Board 6. Growth Management: Reappointment of Saverio (Sal) Cerra to Mechanical Competency Board 7. Growth Management: Reappointment of Jerry Paul Cadenhead to Plumbing Competency Board 8. County Administration: Transfer of $7,200 within Court Technology Budget from Repair & Maintenance to Machinery & Equipment 9. Public Safety: Direct payment of Airgas Inc. Invoice #9500299257 for November 2015 in the amount of $3,239.22 10. Purchasing: Amendment No. 2 to Contract C14-2091-PW with Anderson Columbia for price of delivered asphalt millings 11. Purchasing: Award bid to J. Miller Construction, Inc. for Phase II of the Foxwood Drainage Repairs Project with a bid of $291,319.60 12. Purchasing: Award bid to Asphalt Paving Systems, Inc. for fog seal and single/double chip seal surface treatments with a total bid price of $231,950 13. Purchasing: Award bid to Asphalt Paving Systems, Inc. for pavement preservation (micro-surface treatment) with a total bid price of $103,138.80 14. Purchasing: Award bid to Emergency Standby Power for annual maintenance and repair of emergency generators with a price of $27,123.05 15. Purchasing: Award bid to Systems Specialist Inc. for maintenance of heating, ventilation and air conditioning controls and networks with a bid of $24,336 per year January 5, 2016 -7- Minute Book 74, Page 77 Okaloosa County Board of County Commissioners 16. Purchasing: Award bid to Boundtree Medical LLC for Emergency Medical Services supplies and inventory management software with a bid of $7,720.76 17. Purchasing: Contract with Champion Contractors for interior renovation of Visitors Center 18. Purchasing: Amendment No. 1 to Contract C16-2354-IT with World Fiber for telecommunications maintenance for the fiber optic network 18. Purchasing: Award bid to Southeastern Emergency Egquipment for cardiac monitors/defibrillators with a three-year lease maximum total of $353,090.41 20. Public Works: Final payment to Asphalt Paving Systems Inc. for Task Order #3 (Contract Cl1l2-1961-PW) for crack seal and micro-surfacing in the amount of $194,626.90 21. Public Works: Schedule public hearing on January 19, 2016 to consider request of Shaul Zislin to vacate portion of Marler Drive 22. Tourist Development: Authorization for Chairman to execute Department of Air Force acknowledgment letter dated June 11, 2015 related to emergency dredging of East Pass navigational channel 23. Tourist Development: Authorization for Chairman to execute Department of Air Force acknowledgment letter dated December 1, 2015 related to beach restoration on Okaloosa Island 24. Tourist Development: Peter Mayer Advertising Revised Task Order No. 177 (Contract C12-2007-TDC), Campaign Collateral Update 25. Water & Sewer: Final payment to Aramark Uniform Services (Contract C12-1994-PUR) in the amount of $31.52 for uniforms 5 yeas. GROWTH MANAGEMENT - DUNE WALKOVER FOR COURTYARD MARRIOTT ON OKALQOOSA ISLAND Mr. Elliot Kampert, Growth Management Director, stated this item is for consideration of a six-foot wide dune walkover for the new Courtyard Marriott on Okaloosa Island. He said this is an after-the-fact permit. (NOTE: The agenda request states the requisite FDEP permit was obtained but neither the local building permit nor Board approval was obtained prior to construction.) Mr. Kampert stated the outstanding issue is for Board approval with the condition that the walkover meets the requirements of the Americans with Disabilities Act and Florida Accessibility Code. January 5, 2016 -8- Minute Book 74, Page 78 Okaloosa County Board of County Commissioners Mrs. Ketchel asked Mr. Kampert to address the concerns expressed by the Sherrys regarding the unconstructed dune walkover at the Fairfield 1Inn. Mr. Kampert replied that Mr. Bruner contacted the Parks and Recreation Department after learning the original walkcver had problems meeting the ADA requirements within the boundaries of the hotel property. A six-foot wide concrete sidewalk was to be constructed connecting the dune walkover with the county park. Continuing, he said he understood there was then a problem concerning the costs but he will follow up on this item. Mrs. Ketchel asked if there is any way to withhold approval of the dune overwalk for Courtyard Marriott to make the developer move forward with the dune walkover for the Fairfield Inn. Mr. Kampert answered that Mr. Bruner has not made a statement to him about not Ppbuilding the dune walkover at the Fairfield Inn. He pointed out the current item before the Board is approval for an after-the-fact permit. Mr. Kampert noted the walkover crosses county property and asked if it is not approved, if the county will force closure of the walkover. Mrs. Ketchel made motion, seconded by Mr. Boyles, to grant after-the-fact approval of the dune walkover with the condition it meets the requirements of the ADA and Florida Accessibility Code and to strongly encourage the developer to construct the dune walkover at the Fairfield Inn. Upon ingquiry by Mr. Boyles, Mr. Kampert stated there are no provisions in the Land Development Code which prohibit crossing the dune without a walkover. Mr. Boyles asked for information to be provided to the Board o¢n making a dune walkover a requirement and recommended these two items be treated separately. 5 yeas. PUBLIC HEARING - ORDINANCE GRANTING AD VALOREM TAX EXEMPTION FOR PROJECT VETERAN’S PRIDE Mr. Stewart stated the item before the Board is consideration of an ordinance granting econcmic development ad valorem tax exemption (EDATE) for Project Veteran’s Pride. The proposed exemption is for a period of ten years and exemption will total $18,847. Mr. Stewart said action of the Board will be to adopt the proposed ordinance and the Economic Development Ad Valorem Tax Exemption Performance Agreement between Okaloosa County and Project Veteran’s Pride. January 5, 2016 -9- Minute Book 74, Page 79 Okaloosa County Board of County Commissioners Mr. Nathan Sparks, Executive Director of the Ecconomic Develcopment Council (EDC), stated the voters of Okaloosa County renewed the EDATE in 2014 and it is a valuable tool for economic development. He said the EDATE applicant has met all statutory requirements. Mr. Sparks said Project Veteran’s Pride 1is a local business established four years ago by two retiring Air Force veterans. He said they are ready to go intc mass production of their craft beverages. Mr. Sparks stated Project Veteran’s Pride is considering the purchase of equipment with an estimated value of more than $850,376 and acquiring an existing building with renovations, injecting an additional $835,000 into the economy. They plan to expand their workforce by eleven employees with an average wage of $43,090. If the company makes the decision to purchase the equipment, building and expand its workforce in Okaloosa County, the company will create the 11 new full-time jobs within the next five years. Continuing, Mr. Sparks stated the Property Appraiser has evaluated the real property and submitted the necessary form. Action 1is also requested to approve the Performance Agreement which will be attached as Appendix “A” to the ordinance. He said Project Veteran’s Pride was not qualified for state incentives but did receive EDATE from the City of Fort Walton Beach. There were no public comments. Mrs. Ketchel made motion, seconded by Mr. Harris, to adopt the ordinance and performance agreement to grant EDATE to Project Veteran’s Pride for a period of ten years. 5 yeas. ORDINANCE NO. 16-01 PUBLIC HEARING - ORDINANCE RELOCATING AND AMENDING THE CODE ENFORCEMENT PROVISIONS Mr. Stewart stated the subject ordinance relates to Code Enforcement and nuisance abatement. The proposal is to move the Code Enforcement provisions from the ILand Development Code to the Code proper. The ordinance provides a mechanism to recapture costs for abating nuisance conditions on properties. He advised the public hearing has been properly noticed. Mr. Kampert stated this is a continuation of the public hearing scheduled on December 1, 2015. There was a subsequent discussion on the draft ordinance at the December 15, 2015 January 5, 2016 -10- Minute Book 74, Page 80 Okaloosa County Board of County Commissioners meeting. He advised that he will quickly review the points made at the original hearing and during the later discussion. After the brief review, Mr. Goodwin asked for clarification on the intent behind the 1language on punishing unlicensed contractors. Ee stressed the language should be to punish the unlicensed contractor rather than the homeowner. Mr. Kampert replied in the affirmative and stated the Statutes say the fines may be against either one. He added they see the citizens as the victims, explaining they have never gone after a homeowner for hiring an unlicensed contractor. Mr. Kampert reiterated the emphasis is on the unlicensed contractor. Mr. David Sherry, Coral Court, Okaloosa Island, expressed thanks for the changes which had been made but felt more changes are needed. He said although provisions have been made for notifications by certified mail return receipt requested, he asked for a requirement for Code Enforcement personnel to provide proof of their efforts to notify homeowners. Mr. Sherry objected to the provisions of filing a lien not only against the property owner’s home but everything he owns and felt the language could still allow the homeowner to be fined for hiring an unlicensed contractor. He termed the proposed ordinance an overreach which protects the government too much. Mr. Goodwin referred to the language regarding unlicensed contractors and recommended a revision to address the concerns about the homeowner. He said it should be clear they are going after the real culprits, the unlicensed contractors. Mr. Goodwin suggested wuse of the phrase ‘“alleged wunlicensed contractor” rather than “alleged violator.” Mr. Boyles stated the problem is that in the real world the homeowner 1is not always innocent. He said it could be a LLC flipping property, making shoddy repairs and selling to an unsuspecting buyer. Mr. Boyles did not feel this language needed to be changed. Mr. Windes pointed out if the Board sees a problem with application of the ordinance it can make an adjustment at any time. Mr. Harris added the issue will come back to the Board anyway, saying the Code Enforcement Board will not make the decisions. He said the biggest problem we have is unlicensed contractors scamming people. January 5, 2016 -11- Minute Book 74, Page 81 Okaloosa County Board of County Commissioners Discussion continued with Mrs. Ketchel and Mr. Goodwin expressing concern about fines to homeowners. When a suggestion was made to use the terminology referring to a homestead property owner, Mr. Boyles noted there are a number of definitions for “homestead.” Mr. Boyles made motion, seconded by Mr. Harris, to adopt the provisions of the ordinance as proposed. 3 yeas, 2 nays. (Mrs. Ketchel and Mr. Goodwin voted no.) ORDINANCE NO. 16-02 PUBLIC WORKS -