Okaloosa County BOCC — December 16, 2014 — Oct21,2014

October 21, 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 (departed at 8:15 p.m.); and Don Amunds. Also present were Gary J. Stanford, Finance Director, Clerk's Office; John Hofstad, Interim County Administrator; and Greg Stewart, County Attorney. COUNTY ADMINISTRATOR'S UPDATE Mr. Hofstad reported last week he and the county’s financial consultant, Mark Galvin with First Southwest, participated in two conference calls relative to the tax revenue bonds and were encouraged to learn the county may receive an upgraded bond rating. Confirmation of the possible upgrade should be received later this week. He advised the telephone calls were with Standard & Poors and with Fitch. Mr. Hofstad stated he had also received a request from the Sheriff's Office for the donation of two surplus transit buses. He noted Board policy does give him the authority to make that decision and he is inclined to grant the request. He pointed out, however, that at the last meeting the Board authorized 10 to 12 buses be sent to auction and two of those vehicles need to be eliminated from the surplus property list. Mr. Windes asked if the request is for two or three buses. Mr. Hofstad replied the Sheriff has requested two and another agency has requested one of the buses. He stated the second requestor is not a governmental agency and the request requires additional research. Mr. Hofstad also noted there are restrictions regarding transfer/disposal of transit buses relative to value of the vehicle and eligible agencies. Mr. Boyles made motion, seconded by Mr. Amunds, to authorize staff to take two buses previously designated as surplus property for auction and transfer to the Sheriff's Office should it be appropriate to do so. 5 yeas. COMMISSIONER'S MINUTE Mr. Harris and Mr. Amunds had no comments. October 21, 2014 -1- Minute Book 72, Page 16 Okaloosa County Board of County Commissioners Mr. Boyles stated as an update on the chick learned chickens are prohibited in the rura em sega, they have 2 residential zones. Mr. Parisot referred to the "Bellinger issues” and gtated there appears to be two outstanding issues: the dollar-per-year lease for the Destin Visitor's Center and purchase of the houge through the Lewis Company. He said ib ig his understanding the Statute of limitations will be up in 2015 and asked for the County Attorney to respend at the next meeting. Mr. Harris posed questions about iitigahion on these items. Mr. Stewart replied Litigation has not been started on these two issues and ik is his intemtion to bring the items te the Beard in the next couple of meetings. PUBLIC COMMENTS RELATING TO CURRENT AGENDA None , VISITORS ~ PRESENTATION OF RED RIBRON WHER PROCLAMATION Mr. Windes read a proclamation designating October 223-31 as ed Ribbon Week. He stated the Emerald Coast Young Marines focus on teaching youth to live a drug-free lifestyle and teach ideals such as leadership, teamwork and discipline. Three members of the Emerald Coast Young Marines came forward. Corporal Norman spoke on what Young Marines believe in, Gunnery Sgt. Glove told of Enrique Camarena’s work as a Druq Enforcement Administration Special Agent, and Private Edmond asked for support of Red Ribbon Week by encouraging everyone to wear red ribbons. Mr. Windes presented the proclamation to the Young Marines and photos were taken. CONSENT AGENDA APPROVAL Mr. Fariset requested [tem #14 be pulled for discussion. Mr. Pariset made motion, seconded by Mr. Amunds, to approve Thems #1 through #13 and #15 through #21. lL. Pinance: Budadet Resolutions and Transfers (a) Resclution amending FY 2014 Budget, Law Enforcement Trust Fund (confiscated property proceeds} RESOLUTION NO. 14-186 (BA #157} wed October 21, 2074 ~2- Minute Book 72, Page i Okaloosa County Board of County Commissioners (b) Resolution amending FY 2014 Budget, Additional Court Cost Special Revenue Fund (miscellaneous revenue) RESOLUTION NO. 14-187 (BA #158) (c) Resolution amending FY 2014 Budget, Airport Enterprise Fund (FDOT grant for entrance road to Bob Sikes Airport) RESOLUTION NO. 14-188 (BA #159) (ad) Budget Transfer: Airport Enterprise Fund; local match for FDOT grant for entrance road to Bob Sikes Airport; BT-14-57 (e) Budget Transfer: General Fund; funding to Facilities Maintenance Department for janitorial supplies to clean Health Department buildings; BT-15-1 2. Resolution authorizing Surety Land Title to prepare quitclaim deed for successful bidder converting his Okaloosa Island leasehold interest to fee simple title (Peter Tufaro) RESOLUTION NO. 14-189 3. County Administration: Link to warrants, www.clerkofcourts.cc/bccfinance 4. BCC Records: Minutes of August 19, 2014 Regular Meeting; September 2, 2014 Regular Meeting; and September 4, 2014 Tentative Budget Hearing 5. Facilities Maintenance: Contract renewal with ESSI for generator maintenance 6. Growth Management: Appointment of Michael B. Dean to Construction Competency Board for three-year term 7. Growth Management: Appointment of Fay Seketa to Code Enforcement Board for three-year term 8. County Administration: Proclamation designating November as Pancreatic Cancer Awareness Month 9. Public Safety: Final payment to Emerald Coast Children’s Advocacy Center in the amount of $1,663.74 10. Public Safety: Payment of Archonix Invoice #AXINV000164 in the amount of $4,500 11. Purchasing: Lease renewal with Tommy Mattonie’s Po-Boys & Floribbean Tacos, LLC 12. Purchasing: Reject bids for Compressed Natural Gas Roll- off Truck and rebid for conventional roll-off truck 13. Public Works: Authorize advertising for public hearing to consider request of Steven R. Bennett to vacate a portion of Second Avenue in Townsite of Port Dixie on November 18, 2014 at 9:00 a.m. 15. Public Works: Approve and record utility easement to Choctawhatchee Electric Cooperative to install electric service to the south side of the Woodlands Park property October 21, 2014 -3- Minute Book 72, Page 18 Okaloosa County Board of County Commissioners 16. Public Works: Surplus property disposal; approval of Real Estate Transfer Agreement and Quitclaim Deed to Barry Gray for “unrecognized right-of-way” adjacent to Poplar and Elaine Avenues in Fort Walton Beach 17. Human Resources: Final payment to Symetra for life, accidental death and dismemberment, and long-term disability insurance in the amount of $25,454.80 18. TDD: Peter Mayer Task Order #113, authorization for Purchasing Manager to sign sole source form 19. TDD: Peter Mayer Task Order #79, authorization for Purchasing Manager to sign sole source form 20. Water & Sewer: Constantine Task Order 3 Revision 1, adding $5,852.95 to current task order amount (Sunshine State One- Call of Florida) 21. Water & Sewer: Final payment to Bill Smith Electric Inc. in the amount of $39,466.20 (Invoice #2 Final) on contract C14-2145-wS for rehabilitation of electric manholes at the Russell Stephenson WRF 5 yeas. 14. Public Works: Request to set public hearing for PJ Adams Parkway Tax Increment Financing Ordinance Mr. Parisot said he understands the primary purpose of Item #14 is to set a public hearing to consider adoption of an ordinance creating a Tax Increment Financing (TIF) area to provide funding for various improvements to PJ Adams Parkway. However, he Stated the draft ordinance is different than in previous discussions. Mr. Parisot pointed out the proposed ordinance takes significant ad valorem tax dollars and applies them to the TIF. He explained that originally the TIF was for development of properties after adoption of the ordinance but now it includes any increase in the value of properties within the TIF area. Mr. Parisot felt a better option to support the TIF for the PJ Adams Parkway project is allocation of one cent of the three- cent Local Option Gas Tax (LOGT). He estimated that revenue at $300,000. Mr. Parisot added it would not require a public hearing and it would be a bondable source of funding. He also expressed concern about a split between North County and South County. Mr. Harris stated he has spoken with TIF supporters and they might be amenable to Mr. Parisot’s suggestion. He said he is of October 21, 2014 -4- Minute Book 72, Page 19 Okaloosa County Board of County Commissioners the mindset the gas tax would be more fair, advising he is opposed to placing the burden on property owners. Mr. Amunds asked Mr. Stewart if a public hearing is required if the Board chooses the use of gas tax as a funding source. He said he would also like to know what projects the Public Works Department has already planned using gas tax revenue. Mr. Harris said his intent is not to take one cent of the current gas tax levy but to have an additional one cent. Mr. Parisot said he could go with either option on use of the gas tax but it will still take three votes. Mr. Stewart advised that it will take four votes, saying a super majority is required. Mr. Parisot stated if one cent of the current three-cent LOGT is used, the Public Works Department would have to go back and look at its Capital Improvement Projects (CIP). Mr. Boyles commented that he appreciates this dialogue because it is an important project and has ramifications for the entire county. He said the debate on the dedicated funding stream is a good thing. Mr. Boyles added the project is not an option because the roadway is failing, not only in condition but in capacity. He stated that he does not support levying any additional gas taxes and it would be difficult to use a portion of the existing LOGT because of existing CIP. Mr. Boyles advised that he does support development of the TIF district and use of existing ad valorem taxes. With regard to the agenda request, Mr. Boyles stated it is only a placeholder. He said the menu of options can be discussed at the public hearing. Mr. Boyles asked for everyone to keep an open mind and not make a decision now. Mr. Boyles made motion, seconded by Mr. Parisot, to approve the agenda item as written-set a public hearing for November 4, 2014 to consider an ordinance creating the North Okaloosa TIF Area and to direct staff to place the required advertisement for the meeting. Again, Mr. Parisot said he wants to make everyone aware about the difference in the draft ordinance and the original discussions. Mr. Stewart stated the methodology has changed because as originally proposed it proved to be overly complicated and could not be administered. He said this draft provides maximum flexibility. Mr. Harris stated he agrees with the method and agrees with Mr. Boyles about looking at other October 21, 2014 -5- Minute Book 72, Page 20 Okaloosa County Board of County Commissioners options but he disagrees with Mr. Boyles’ perspective on use of the gas tax. Mr. Parisot stated the agenda request is for a public hearing on the draft ordinance attached to the agenda. Mr. Windes asked Mr. Boyles if he would consider amending his motion to allow flexibility. Mr. Boyles rephrased his motion: To approve setting a public hearing on November 4, 2014 to consider creation of a North Okaloosa TIF and placing the requisite public. notice. Consideration would include the ordinance and any subsequent variations proposed by staff and could be amended during the public hearing. Mr. Harris pointed out that is Election Day and asked if another date should be considered. Mr. Hofstad responded, saying part of the reason for going through this process and setting the hearing for November 4 is because Mike Chesser, who was instrumental in bringing the concept to the Board, wants to participate in the public hearing. Mr. Windes stated he would also like to participate. It was then pointed out that Mr. Windes will be serving on the Elections Canvassing Board and would not be in attendance for November 4. Mr. Boyles stated he did not realize the Chairman would not be present and again amended his motion to set the public hearing for December 2, 2014 at 9 a.m. Mr. Parisot withdrew his second. Mr. Harris then seconded Mr. Boyles’ motion. The vote was taken—4 yeas, 1 nay. (Mr. Parisot voted no.) AIRPORTS - PROPOSAL FOR FIXED BASE OPERATIONS AT DESTIN ATRPORT Mr. Hofstad reported the proposed agreements are overly complicated and this item needs to be removed from consideration and will be returned after legal review. PUBLIC HEARING - FEDERAL TRANSIT FUNDING Mr. Stanford read the advertised legal notice for public hearing to inform the public of the county’s intent to apply for public transportation funding in the amount of $2,510,000 for Fiscal Year 2014-15 disbursements from the Federal Transit Administra- October 21, 2014 ~6- Minute Book 72, Page 21 Okaloosa County Board of County Commissioners tion (FTA) and to hear public comments on the proposed Program of Projects. Mr. Elliot Kampert, Growth Management Director, said the public hearing is for the 5307 Grant. He stated the funding would be used for capital projects equipment and maintenance. Mr. Kampert reported no local match is required for this grant. He advised that after 45 days the proposed list of projects will become the official list and can be submitted with the grant application. Mr. Windes opened the floor for public comment. There was none. Mr. Harris made motion, seconded by Mr. Boyles, to approve the Program of Projects. 5 yeas. TOURIST DEVELOPMENT - SUMMARY OF FY 2014 TOURIST TAX COLLECTIONS BY TAX COLLECTOR BEN ANDERSON Mr. Ed Schroeder, Tourist Development Department (TDD) Director, introduced Tax Collector Ben Anderson. Mr. Anderson made a detailed presentation on collection of tourist taxes by his office beginning on October 1, 2013. Highlights of his summary were: e There are 1,098 active accounts with 87% of those registered to pay online. These accounts represent 10,862 rental properties, reflecting an increase of 395 properties since October 2013. e Current collections of TDT funds for FY 2013-14 are more than $14.7 million, reflecting a 9% increase from FY 2012- 13. e There are 35,000 properties within the TDT jurisdiction. e During the summer of 2014, enforcement efforts identified 3,269 condos. e To date, 1,967 condo properties have been identified and their use qualified. 84 non-filers are now reporting. e More than 300 enforcement cases were worked. e 207 new management accounts have been registered since November 2013. e $69,850.10 in back taxes have been collected from previous non-filing accounts; $18,000 are the result of bank accounts being seized. October 21, 2014 -7- Minute Book 72, Page 22 Okaloosa County Board of County Commissioners e $52,759.39 has been collected in penalties and interest from delinquent filings. TOURIST DEVELOPMENT - FY 2015 FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION SUPPLEMENTAL ARTIFICIAL REEF CONSTRUCTION GRANT APPLICATION Mr. Schroeder requested approval to submit an application for the FY 2014-15 Florida Fish and Wildlife Conservation Commission (FWC) Supplemental Artificial Reef Construction Grant in the amount of $60,000. Mr. Amunds made motion, seconded by Mr. Parisot, to authorize submission of the grant application. 5 yeas. FACILITIES MAINTENANCE - LORD & SON CHANGE ORDER #5 FOR NEW ADMINISTRATION BUILDING Mr. Don Turner, Facilities Maintenance Director, requested approval of Change Order #5 to reflect the total cost of the new Administration Building in Shalimar. The amount of this change order is $6,237,084.60 and will increase the contract sum to $12,075,025.04. Mr. Boyles made motion, seconded by Mr. Harris, to approve this change order. 5 yeas. FACILITIES MAINTENANCE - LORD & SON CHANGE ORDER #2 FOR SHERIFF'S NEW BUILDING IN SHALIMAR Mr. Turner requested approval of Change Order #2 to reflect the total cost of the new building for the Sheriff in Shalimar. The amount of this change order is $1,167,334 and will increase the contract sum to $1,484,064. Mr. Amunds made motion, seconded by Mr. Boyles, to approve this change order. 5 yeas. PURCHASING - DIRECTION REGARDING RENEWAL OF SOFTWARE LICENSING AND MAINTENANCE CONTRACTS Mrs. Zan Fedorak, Purchasing Manager, requested direction from the Board regarding renewal. of software licensing and Maintenance contracts, retroactive to October 1, 2014. She stated Purchasing would like to convert all renewals to contracts for more efficient payment and tracking capability. Mrs. Fedorak added that since submission of the agenda request, the list of vendors has been revised. She provided each commissioner and the Clerk with a copy of the revision. Mr. Boyles made motion, seconded by Mr. Parisot, to approve the list as amended. 5 yeas. October 21, 2014 -8- Minute Book 72, Page 23 Okaloosa County Board of County Commissioners PURCHASING - CONTRACT WITH TRILLION AVIATION FOR AIRPORT MANAGEMENT CONSULTING SERVICES Mrs. Fedorak requested approval of a contract with Trillion Aviation for airport management consulting services. She reported staff successfully negotiated a three-year contract with two additional one-year renewals. Mr. Boyles made motion, seconded by Mr. Amunds, to approve the contract and to authorize the Chairman to execute same. Mr. Parisot stated the insurance certificate needs to be amended to include the county. Mrs. Fedorak responded that issue has already been resolved. 5 yeas. PURCHASING - DIRECTION FOR BANK LOAN SOLICITATION FOR AIRPORTS DEPARTMENT Mrs. Fedorak stated at the August 19, 2014, meeting the Board approved a Request for Proposals (RFP) for $5 Million in interim cash flow financing for capital projects for the Airports Department. She reported staff prepared not only a RFP but also a RFQ (Request for Quotes), noting the county previously had good results with issuance of a RFQ for county capital projects. Mrs. Fedorak said both documents have been submitted to the commissioners for review. Mr. Parisot stated he spoke with Financial Advisor Mark Galvin and Mr. Galvin recommended the RFQ. Mr. Parisot made motion, seconded by Mr. Boyles, to issue the RFQ for interim cash flow financing for Airports capital projects. 5 yeas. GROWTH MANAGEMENT - FAIRFIELD INN & SUITES OKALOOSA ISLAND, PROPOSED DUNE WALKOVER AND SIDEWALK FOR THIRD BEACH FREEWAY Mr. Elliot Kampert, Growth Management Director, stated Mark Siner, as agent for PGB Partnership LTD, has submitted plans for a proposed six-foot wide dune walkover and a five-foot wide sidewalk on the Third Beach Freeway for Fairfield Inn & Suites. He advised there is an issue regarding ADA (Americans with Disabilities Act) compliance. Mr. Parisot said the plan is to connect to the county’s ADA compliant dune walkover. Because of constraints at the site and in order to comply with ADA, the developer is proposing construction of a five-foot wide sidewalk that would connect the edge of the hotel’s pool deck to the county’s ADA-compliant beach access facility. Upon inquiry by Mr. Parisot, Mr. Kampert answered the proposed improvements would be constructed on October 21, 2014 -9- Minute Book 72, Page 24 Okaloosa County Board of County Commissioners county property and would be paid for by the hotel. Mr. Parisot felt the hotel should pay an annual fee for maintenance of the county’s facilities. Mr. Amunds commented that over the years, county parks with direct beach access have been used by private entities and sometimes they make donations to the county in lieu of constructing their own facilities. He noted that sometimes it was done without our knowledge and other times it was a partnership. Mr. Kampert referred to situations at the Seventh and Ninth Beach Freeways. He added “It is a policy issue.” Mr. Boyles said he does not want to hold this up and made motion to approve the agenda recommendation as written for the dune walkover and sidewalk. Further, he moved to delegate staff to arrive at an agreeable compensation and if agreement is reached, for the project to move forward; if not, return to the Board. Mr. Harris seconded the motion. 5 yeas. Upon inquiry by Mr. Kampert, Mr. Boyles clarified that if an amicable agreement is reached, it will not be necessary to return this item to the Board for any further consideration. GROWTH MANAGEMENT - SAFE HAVENS, AMENDMENT TO CONTRACT C11-1920- CA Mr. Kampert stated Amendment #1 to Contract C11-1920-CA between Okaloosa County and the Judge Ben Gordon, Jr. Family Visitation Center will extend the expiration of the contract to September 30, 2015. He noted that the date of the amendment will also be retroactive to October 1, 2014. Mr. Harris made motion, seconded by Mr. Amunds, to approve the amendment. 5 yeas. GROWTH MANAGEMENT — DRAINAGE FROM SINGLE-FAMILY RESIDENTIAL LOTS Mr. Kampert stated staff is seeking Board direction regarding drainage issues from single-family lots. He advised the County Code requires new Single-family homes be elevated for a number of reasons, including compliance with the National Flood Insurance Program and to ensure the structure is above the crown of the adjacent road for general drainage purposes. The Code does not, however, provide clear guidance on how surface water flowing from the elevated homes is to be directed so as not to become a nuisance to surrounding property owners. October 21, 2014 -10- Minute Book 72, Page 25 Okaloosa County Board of County Commissioners Continuing, Mr. Kampert stated the Building Code does not specify that a drainage plan must be submitted as part of the application. Neither does the Code define “approved point of collection” regarding surface water. As sited in the agenda background portion of the department request, possible options to address this issue are: 1. require a drainage plan signed and sealed by a professional engineer to be submitted as part of every building permit application 2. develop a drainage affidavit to be signed by the owner of the property under construction which attests that the property will be developed in a manner for surface drainage to be diverted to a storm sewer conveyance or other point of collection 3. all new subdivision plats could be annotated to provide the subdivision’s drainage plan It was also noted that a Code change of this nature would require significant staff time and the department feels it is appropriate to seek guidance on whether or not the Board wishes to pursue further investigation. Upon inquiry by Mr. Amunds, Mr. Kampert said he does believe it is in the best interest of the county to address this issue. Mr. Harris disagreed, saying he believes it will put an undue hardship on areas which have already been grandfathered in. He referred to the Lake Lorraine area which already has significant stormwater issues and said construction on any undeveloped lots would be significantly increased with engineered drainage plans. Mr. Kampert noted this item was discussed with the Building Industry Association (BIA) and their reception and comments were “cautious.” Mr. Harris asked about requirements for construction of a home in a more rural area, such as Laurel Hill, or requirements for construction of a 200-square foot shed. He stated he is against this on the surface, saying it may work in a highly-developed area like Destin but not in areas like Laurel Hill, Baker or Holt. Mr. Harris said he does not feel it is necessary. Mr. Boyles shared the concern about increased costs and questioned a blanket policy for every individual homeowner. He said he could support a cautious wading into the water and October 21, 2014 -11- Minute Book 72, Page 26 Okaloosa County Board of County Commissioners gathering comments from the BIA and realtors. Mr. Boyles felt any recommendations should have a final analysis associated with them and would be used in the decision to be made by the Board. Additionally, Mr. Boyles stated drainage in subdivisions is a problem in this county and the entire issue must be reviewed. He pointed out that previously he floated the idea of off-road, off right-of-way drainage ponds to be maintained by homeowners associations. Mr. Parisot said he requested this item be placed on the agenda. He referred to problems of building on lots in established subdivisions. He felt this should be not only reviewed by the Growth Management staff but the Engineering staff as well. Mr. Harris stated he doesn’t see this as a fix, pointing out there are already requirements in place. He renewed his concern on the cost to the homeowner. With regard to Mr. Boyles’ suggestion of maintenance of off-road drainage ponds, he said there are some subdivisions which do not have HOAs. Mr. Hofstad said if the Board is inclined to take action tonight, he would ask for 60 to 90 days to compile the options and detail the financial impacts. Mr. Harris recommended waiting until January of next year. Mr. Jason Autrey, County Engineer, stated he appreciates the County Administrator's comments on the time needed for this analysis. He said staff would need to look at the user groups and changes to the Code. Mr. Autrey advised it will be difficult to find middle ground on this issue. Mr. Boyles made motion, seconded by Mr. Harris, to direct staff to proceed with an analysis of stormwater requirements within the Code, to give staff the needed time to provide a complete analysis, and to provide periodic updates to the Board. Mr. Boyles also offered his services as liaison on this work. 5 yeas. GROWTH MANAGEMENT - LETTERS TO CITIES REGARDING PUBLIC TRANSPORTATION FUNDING Mr. Kampert requested approval to send letters to the cities regarding public transportation funding and consideration of forming a transit cooperative. Upon inquiry by Mr. Harris, Mr. Kampert stated there have been varied levels of conversations October 21, 2014 -12- Minute Book 72, Page 27 Okaloosa County Board of County Commissioners with the cities on this topic. Mr, Harris said we need to make sure each community has a voice at the table. He also commented on Okaloosa County Transit (OCT) having a seat at the table. Mr. Parisot said the current contract with OCT will expire in September 2015 and he recommended the county issue a RFP next spring to compare using a rea! bus company rather than a non- profit for this service. Mr. Amunds asked if the letters would be sent out soon so the cities could have time to plan and budget for the coming year. Mr. Kampert replied the letters have been prepared for the Chairman's signature and given to the Clerk. Mr. Boyles made motion, seconded by Mr. Harris, to approve the letters and to authorize the Chairman to execute same. 5 yeas. PUBLIC WORKS - STILLWELL PARK, RESOLUTIONS DESIGNATING WALKING PATH AND DISC GOLF PUTTING AREA Mr. Jason Autrey, County Engineer, presented several slides showing the work which has been done at the decommissioned Essex Road Wastewater Tyeatment Plant which was transformed into a neighborhood park. The park was named in honor of Don and Susan Stillwell who led efforts to decommission the plant. The efforts of others in the neighborhood to develop the area into a park are also to be recognized. Resolutions were submitted to name the walking path at the park “Langley Lane” to recognize Don and Fran Langley and to name the disc golf putting area (frisbee golf) “Keeton’s Korner” to honor Joel Keeton. Mr. Parisot made motion, seconded by Mr. Amunds, to adopt the resolutions recognizing Mr. and Mrs. Langley and Mr. Keeton for their efforts in development of Stillwell Park. 5 yeas. Resolution No, 14-190 (Keeton’s Korner} Resolution No. 14-191 (Langley Lane) RECESS - The meeting was recessed at 7:40 p.m. and reconvened at 7:50 p.m. PUBLIC WORKS - NEW FACILITY LEASE WITH EMERALD COAST WILDLIFE REFUGE Mr. Autrey presented a new lease with Emerald Coast wildlife Refuge for a portion of the facility (known as the old Okaloosa Island Fire Station building) located at 105 Santa Rosa October 21, 2014 -13- Minute Book 72, Page 28 Okaloosa County Board of County Commissioners Boulevard in Fort Walton Beach. The current lease expired on dune 30, 2014, The new lease will be for a term of one year with provisions for two one-year optional extensions. He said the hope is the Refuge will have its new facility prepared on Okaloosa Island within the one-year term of the new lease. Upon inquiry by Mr. Boyles, Mr. Autrey stated the subject lease is only for the building behind the fire station and then the Refuge will vacate the building when its new facility is completed, Mr. Amunds made motion, seconded by Mr. Parisot, to approve the lease. 5 yeas. PUBLIC WORKS ~ FDEP AGREEMENT #80717, GRANT PROGRAM FOR HOUSEHOLD HAZARDOUS WASTE Mr. Autrey requested approval of the proposed grant agreement with the Florida Department of Environmental Protection (FDEP) for Fiscal Year 2015 to provide amnesty-type collection of household hazardous waste and conditionally exempt small quantity generator waste from residents and businesses in neighboring counties. Mr. Parisot made motion, seconded by Mr. Boyles, to approve and to authorize the Chairman to execute the necessary documents. 5 yeas. PUBLIC WORKS - REQUEST TO MODIFY TREATMENT TYPE FOR STATE LINE ROAD Mr. Autrey requested approval to upgrade the treatment type for State Line road from a single to a double chip seal, He noted that approval will require a modification to the scope of work by the contractor, Mr. Harris made motion, seconded by Mr. Amunds, to approve. 5 yeas. PUBLIC WORKS - PARK HOST VOLUNTEER PROGRAM AND POLICY Mr. Autrey requested approval of a Park Host Volunteer Program and Policy. He said the program will assist the Parks Division staff with upkeep and maintenance of county facilities. The volunteers would not only provide basic maintenance and cleanup services but oversee the general safety and welfare of park visitors. Mr, Autrey stated staff is specifically talking about Wilderness Landing. The plan ig to open it to a non-county employee person October 21, 2014 -14- Minute Book 72, Page 29 Okaloosa County Board of County Commissioners £o put & smail RV om the park site and provide these services. Tm exchange, the county will provide power, water and sewer services. He said if this works in this park, consideration will be given to extending the park host program to other county parks. Upon inquiry by Mr. Harris, Mr. Autrey stated a specific area will be set aside for the park host and will have the necessary connections for the host's RV. Mr. Harris made motion, seconded by Mr. Boyles, to approve the Park Host Volunteer Program and Policy. Mr. Parisot asked about this program conflicting with the current parks ordinance which dees not allow overnight camping. Mr. Stewart replied that he has discussed this with the Growth Management Director and the program envisioned by the county would net be in conflict. Further, he said he does not think the Code needs to be amended. Mr. Hofstad commented the Wilderness Landing site is a prime location toa begin the program. Future consideration may be to open if for RY camping but a process must be im piace. The vote was taken on the motion-5S yeas. PUBLIC WORKS ~ BEACH CLEANING ON PEDERAL PROPERTY Mr. Autrey stated he serves on the Eglin Community Partnership Initiative and participated in talks with Eglin Air Force Base (EAFB) officials about partnering with the county. He said EAFE approached the county about providing beach cleaning services to federal property or OKalooga Island. In past years, Eolin hag contracted for these gervices at a cost of $36,000 annually but WAS mot satisfied with the services it received for collection and disposal of trash. Mr. Autrey said county staff considered the possibility of providing this service as part of its current beach cleaning operations. Staff has determined additional trash cans couid be gecured at specified access points with regular collections for an anmual fee of $20,000. He stated Eqlin accepted the proposal and on September 306 signed the proposed agreement. Mr. Parisot made motion, seconded by Mr. Boyles, to approve the agreement and to authorize the Chairman to execute same. & yeas. October 21, 2014 ~1i5- Mirmite Book 72, Page 36 Okaloosa County Board ef County Commissioners PUBLIC WORKS - REQUESTED LEASE MODIFICATION BY DOMINION CAPITAL REGARDING DEVELOPMENT OF WILD WILLY‘S ADVENTURE ZONE Mr, Autrey stated Dominion Capital, lessee of Okaloosa Island parcel and developer of Wild Willy's Adventure Zone, has requested modification of its lease. The modifications would encompass the following associated documents: « Parking License Agreement: Dominion Capital recognized in development of Wild Willy's a need to create a shared parking agreement with the parcel leased by Aquagreen. Because Aquagreen does not have outright ownership, it is necessary for the two lessees to develop a license agreement for shared parking. * Parking Lot Improvement Project Joint Participation Agreement: Improvements to the existing parking area are proposed as part of the lease development. A portion of the parking lot is contained within the boundaries of the leased parcels and a portion is public parking. Staff has worked with Dominion Capital in a partnering effort to make these improvements. This proposed agreement provides for the county to contribute $50,000 (paid from lease fees associated with the site) toward the constructions. These improvements will increase the number of available public parking by 20 spaces. © Lease Modification Agreement: Three modifications are requested. © Dominion Capital has merged with another company and will operate Wild Willy’s as DBR Entertainment Productions, LLC. The change in name requires approval by the county. o Due to an increase in capital expenditures in the development of the site, Dominion Capital is requesting the term of the lease be modified from ten years with two ten-year automatic renewals to a ten- year lease with three ten-year automatic renewals. o Dominion Capital is requesting the ability to make monthly payments on the lease versus lump sum at the beginning of each fiscal year. Upon inquiry by Mr. Parisot, Mr. Autrey stated the $50,000 for the parking lot improvements will come from the lease payments. Mr. Hofstad added that was the plan all along, saying nothing will be taken from the existing budget. October 21, 2014 -16- Minute Book 72, Page 31 Okaloosa County Board of County Commissioners Mr. Blake Rogers and Mr. Paul Barcus made a presentation on the planned development of Wild Willy's Adventure Zone. Mr. Rogers reported the scope of the development has increased from $1.5 Million to $7 Million. The site plan and features were explained. Mr. Harris made motion, seconded by Mr. Parisot, to approve the modifications as identified. 4 yeas, 1 nay. (Mr. Boyles voted no.) VISITOR - TAX COLLECTOR BEN ANDERSON, 2014 TAX ROLL OVERVIEW Mr. Ben Anderson, Tax Collector, provided the Board with an overview of the 2014 Tax Roll, highlighting the following areas: © Success of 2013 Roll Collections *® Overview of 2014 Tax Roll, including real estate and tangible personal property * Projections for 2014 Mr. Anderson stated 100% of the certificates offered in 2013 were sold, In reviewing the 2014 roll, he pointed out there are more than 122,000 parcels on account. Mr. Anderson said $207,831,708.70 was the total tax amount for 2014, reflecting a 3.67% increase from the prior year. He reported his office collected $441,000 in commissions and said that it appears he will be returning $433,972 to the Board. Mr. Amunds said he has received comments that over the years the amount returned to the Board has steadily decreased. He stated the Tax Collector has assumed the duties of issuing driver's licenses with a majority of those fees being returned to the State. Mr. Amunds asked if the same scenario applies to the issuance of concealed carry permits. Mr. Anderson replied the Tax Collector receives $6.25 per driver's license issued. He reported there is good news on the horizon, saying they will receive a portion of the $48 fee for driver's licenses which now goes to the State. Mr, Anderson said it will become more of a break-even operation. With regard to the issuance of concealed carry permits, Mr. Anderson stated the Department of agriculture provided his office with the needed equipment and there is no significant expense. October 21, 2014 -17- Minute Book 72, Page 32 Okaloosa County Board of County Commissioners (NOTE: Mr, Parisot left at 8:15 p.m, and did not return to the meeting.) OLD BUSINESS - OPTION FOR NEW COUNTY-OWNED FACILITY FOR TAX COLLECTOR IN NICEVILLE Mr. Anderson stated a few weeks ago he asked support from the county about getting out of the rental business. He described the activities which are carried out in his Niceville office. Mr. Anderson said the rent on the Niceville facility is “pretty expensive” and there are 11 years remaining on the lease. He reiterated his desire to get out of the rental business and said he wants to partner with the Board. Mr. Anderson requested a loan of $95,000, to be paid in $25,000-increments, to begin the search for a new location. The loaned dollars would be used for site or building evaluations, establishing preliminary cost estimates and providing general due diligence related to the relocation of the Niceville operations. Mr, Amunds said the county should not be in the rental business and made comment about looking at the old Bank of America Building which has been listed for sale. Mr. Amunds made motion to allow Mr. Anderson to weigh out the different proposals and to work with staff on available county-owned properties first. Continuing, he said if there is a need to put money into the search, to approve a $25,000 line item for specs. The motion would include a provision for reporting back to the Board and turning in receipts for expenditures. Mr. Anderson stated he would prefer to look at the properties and to have draws in $25,000 increments and to report back to the County Administrator and Chief Financial Officer on a monthly basis. He said, “Allow me to work,” adding that he does not want to be layered in government. Mr. Anderson stated there will be full disclosure and he wants to get out there and search the market. Mr, amunds responded that county staff is evaluating the Bank of America building. He said that he wants to look at the opportunities before giving the money. Mr. Amunds also noted the agenda request did not have much information in it. Mr. Anderson replied that he has no problem with communication with the commissioners but would like to communicate and work with the Administrator and staff. Upon inguiry by Mr. Amunds, Mr. Anderson stated he is asking for operational funds. He said October 21, 2014 -18- Minute Book 72, Page 33 Okaloosa County Board of County Commissioners he never wanted to ask for funds but he just depleted the money im his bank account. Mr. Amunds pointed out the county has three capital projects planned and has been trying to build up Reserves. He expressed concern at taking $95,000 out of the Reserves only one month after adoption of the budget. Mr. Amunds commented that Mr. Hofstad’s threshold is up to $50,000. Mr. Anderson responded that his office turned back more than $400,000. He added “the statutes allow us to work independently of the Bcc.” Mr. Boyles told Mr, Anderson they understand the reason he needs money. He said Mr. Anderson can move more quickly if the Board gives him the money. However, Mr. Boyles said he is accountable to the public for those dollars and this needs to be done the right way. He spoke about an in-depth financial analysis and the likelihood of authorizing a new building against some other property. Mr. Boyles felt allocations could be made subject to monthly reporting. He advised Mr. Anderson he would not get authorization to buy a building without a detailed analysis. Mr. Boyles asked how much money is needed to create a cost scenario for an existing county asset in Niceville. Mr. Anderson’'s answer was between $50,000 and $75,000. He added that initially he only needs $25,000. Mr. Boyles made motion, seconded by Mr. Amunds, to authorize a loan of $50,000 with monthly expenditure reports, to look at an existing county-owned property and to provide an actual cost analysis for construction. Mr. Amunds said Mr. Hofstad should be kept in the loop. Mr. Boyles asked if there is any objection to Mr. Hofetad having direct signature authority with direction to return to the Board with details. Mr. Harris posed a question on the Auditor General’s (AGO) comments on making after-the-fact payments and how the AGO comments will apply to this action. Mr. Stewart replied the AGO’‘s complaint was that advance payments must be approved by the Board and he believes the motion will cover that issue, Mr. Anderson repeated the Board is loaning him money. The vote was taken-4 yeas. (Mr. Parisot was not present.) OLD BUSINESS - APPROVAL OF FY 2015 SECOND QUARTER CALENDAR Mr. Harris made motion, seconded by Mr. Boyles, to approve the revised calendar for January, February and March 2015. 4 yeas. (Mr. Parisot was not present.) October 21, 2014 -19- Minute Book 72, Page 34 Okaloosa County Board of County Commissioners PUBLIC COMMENTS Mr. Walter smith, Niceville, stated that he spoke with General Harris’ office regarding the landfill north of Niceville. He said he was referred to the county. He felt the landfill should be cleaned up, saying Turkey Creek is ‘down wind” of the landfill. Mr, Hofstad told Mr. Smith the landfill he mentioned is closed and is in active remediation through the Florida Department of Environment Protection (FDEP). He explained it is a permitted facility with treatment facilities on site. Mr. Hofstad reported the county received concession that construction of a “pump and treat system” was not required. He said there are a series of monitoring wells around the landfill and assured him the pollution has not exceeded the boundaries of the landfill. Mr. Smith asked why Eglin did not know about these things. Mr. Hofstad replied the county leases that land from Eglin and reassured him Eglin does know what the county is doing. He said the county has people at that site almost daily, pointing out it ig a secluded, abandoned, closed landfill with a locked gate. Mr. Smith asked about the Baker Landfill. Mr. Hofstad answered that landfill is actively treated. When asked if the landfill debris would be removed, Mr. Hofstad replied “We will follow the permit process.” ADJOURNMENT There being no further business to come before the Board, the meeting was adjourned at 9:00 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.) October 21, 2014 -20- Minute Book 72, Page 35 Okaloosa County Board of County Commissioners