Okaloosa County BOCC — June 17, 2014 — Minutes

May 6, 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 Okaloosa County Courthouse in Crestview. Members present were Charles K. Windes, Jr.; Chairman; Nathan Boyles, Vice Chairman; Wayne Harris (arrived at 6:16 p.m.); Dave Parisot; and Don Amunds. Also present were Gary J. Stanford, Finance Director, Clerk's Office; Ernie Padgett, County Administrator; Greg Stewart, Acting County Attorney; and representatives of the media. COUNTY ADMINISTRATOR'S UPDATES Mr. Padgett reported the Legislative Session has ended and Legislators provided no relief with regard to the Department of Juvenile Justice (DJJ) overbilling of more than $3 Million to Okaloosa County. He said at the next meeting staff will provide recommendations on a course of action, Mr. Padgett noted that Governor Scott has been provided with information in hopes he will intervene in the matter. He reported Mr. Peter Bos is trying to help us gain an audience with the Governor in order to make an appeal directly to him. Mr. Padgett stated he and the budget staff continue to gather information for the budget process with the Property Appraiser’s Office providing updates every ten days or so. He said the Property Appraiser estimates a 3.7% increase in the tax base for the next year. Mr. Amunds proposed the Board direct legal staff to begin preparing the paperwork regarding the DJJ issue in order to have it ready at the next meeting in anticipation of moving forward with litigation. Mr. Boyles said he would like for Mr. Stewart to give the Board “the lay of the land” and provide all avenues before taking any action. Mr. Amunds replied he is just saying to begin work on it, not to file the suit. Mr. Stewart advised that at this time Nabors, Giblin & Nickerson (special legal counsel) has filed the necessary papers with the DJJ on behalf of Okaloosa County and the other counties the firm represents. He said they are waiting for DJJ to make a final determination. Mr. Stewart agreed that during the Legislative Session the counties did agree to stand down. He said at the May 6, 2014 ~i- Minute Book 71, Page 35 Okaloosa County Board of County Commissioners next meeting he will provide an overview, adding “we have started down that road as of today.” COMMISSTONER’S MINUTE Mr. Amunds commented that he has already had his minute. Mr. Boyles said he may want to chat with the Public Works Department later. Mr. Parisot stated it was his honor and privilege to be present at the EOD ceremony and banquet last Saturday. He said he brought a copy of the program from the service which detailed the lives of the four individuals who were enshrined. Mr. Parisot stated he also has given each commissioner and the County Administrator an EOD lapel pin. He thanked the Board for adopting the proclamation at the last meeting which designated May 3 as Explosive Ordnance Disposal Day in Okaloosa County. Mr. Windes said he has one item to take into consideration at the next meeting. He referred to a meeting held earlier today with Florida Department of Transportation (FDOT) officials at the Ramada Inn. Mr. Windes stated FDOT Secretary Prasat made it very clear about getting a consensus on the bridge issue, stressing Secretary Prasat said he must know what the county wants. Mr. Windes said we must get together to make a decision and proposed a workshop on this topic. Mr. Parisot said maybe we can discuss not only Brooks Bridge but other transportation issues at the workshop. Mr. Windes replied he does not want to clutter the workshop but we can discuss what should be on the workshop agenda. PUBLIC COMMENT RELATED TO THE CURRENT AGENDA Mrs. Rebecca Sherry, Coral Court on Okaloosa Island, referred to the Old Business agenda item to consider an amended bond resolution eliminating the special assessments as pledge revenue for the repayment of the note funding the West Destin Beach Restoration Project. She proceeded to read a fable she had composed. It began with references to terrible scandals in the county, followed by resulting audits and changes in leadership positions. Mrs. Sherry cautioned against new troubles and urged courage in making decisions. May 6, 2014 -2- Minute Book 71, Page 36 Okaloosa County Board of County Commissioners Continuing, Mrs. Sherry outlined the reasons she believed the proposed resolution was wrong. She pointed out the Tourist Development Council (TDC) cannot bring themselves to make a decision to support the repeal of the Municipal Services Benefit Unit (MSBU) for beach restoration and she feels amending the bond resolution is premature, noting the public hearing to consider repeal of this MSBU is set for the May 20 meeting. Mrs. Sherry remarked that Holiday Isle cannot have its cake and eat it too. (Mr. Harris arrived at this time—6:16 p.m.) Mr. David Sherry, Coral Court on Okaloosa Island, said he too wants to address the Old Business item, saying the proposed resolution is premature and possibly harmful. He felt the item should be tabled until after the public hearing. VISITOR - PETER BOS, CONSIDERATION OF MID-BAY RAC FESTIVAL DISTRICT Mr. Elliot Kampert, Growth Management Director, stated staff has been approached by Peter Bos about development of a festival area which would allow for the carrying of open containers in the Mid-Bay Regional Activity Center (RAC). He said before spending staff and attorney time on this item, he is requesting direction from the Board on whether or not to proceed. Mr. Kampert stated Mr. Bos is present to answer questions and directed the commissioners’ attention to the screen which displayed the proposed Festival District. Mr. Bos explained the RAC was passed in 2000. It identified a high intensity node for development. He said SanDestin, Destin, Fort Walton Beach, and Pensacola have developed festival districts and the Destin Commons is now at a disadvantage. Mr. Bos said the developers of the Destin Commons and the RAC would like to develop this district to be competitive. He pointed out the golf course already has an open container area. Mr. Kampert requested direction to work with the County Attorney and Mr. Bos to draft an appropriate area. He pointed out there are two avenues to be considered, saying the Code of Ordinances has designated hours of operations for the sale of alcoholic beverages but the Land Development Code does not contain that information. Mr. Kampert also noted that each avenue has a different requirement regarding the number of required public hearings. , May 6, 2014 -3- Minute Book 71, Page 37 Okaloosa County Board of County Commissioners Mr. Parisot asked if the Board really wants to waive the distance requirement from schools, saying Destin Middle School is within the 1500-foot buffer. Mr. Kampert replied that is an item to be discussed with Mr. Stewart and Mr. Bos. Mr. Harris suggested holding off on that discussion. Mr. Kampert stated there are exceptions, such as food services like The Olive Garden which has a separation requirement of 300 feet from a residential area. He said another exception is the golf course. Mr. Bos remarked the developers gave the site for construction of the school with an understanding the school would not be an impediment. He said requirements “ebb and flow,” saying there are open containers on the golf course which is located across the highway from the school. Mr. Bos said they are talking about a restaurant patron walking down the sidewalk with a drink. Mr. Amunds clarified the department’s request is to obtain direction from the Board on whether or not to pursue this and to have more information on the pros and cons. Mr. Harris said we sometimes get “mucked up in the mire” but agreed detailed information for and against is needed. Mr. Harris made motion, seconded by Mr. Amunds, to move forward. 5 yeas. PUBLIC HEARING — REQUEST BY WESTERRA DEVELOPMENT TO CHANGE FLUM DESIGNATION AND REZONE 112 ACRES ON CURRIE ROAD IN CRESTVIEW (6:30 p.m., Transmittal Hearing) Mr. Stanford read the advertised legal notice for public hearing to consider a request from Westerra Development, as agent for Nola D. Thomas and Myra Evans, to change the Future Land Use Map (FLUM) designation for 112 acres on Currie Road from Rural Residential (RR) to Low Density Residential (LDR) or a more restrictive designation. If the FLUM designation is amended, the petitioners further request the property be rezoned from Residential Rural (RR) district to Residential-1 (R-1) district or a more restrictive district. Because this is a quasi-judicial proceeding, Mr. Stewart asked those who may speak on this issue to stand and be sworn in. Mr. Elliot Kampert, Growth Management Director, provided the following staff findings: e The proposed FLUM amendment is classified as a Type-1 amendment which involves properties ten acres or more in May 6, 2014 -4- Minute Book 71, Page 38 Okaloosa County Board of County Commissioners size. Type-1 amendments must be transmitted to the State for state agency review. ® The current RR FLUM category permits single-family dwellings and related uses at an allowable density of two units to the acre. This density would allow up to 224 single-family dwellings on the amendment site. e The proposed LDR FLUM category permits single-family dwellings and related uses at an allowable density of four units to the acre. This density would allow up to 448 single-family dwelling units on the amendment site. ® Evaluation guidelines and criteria for Type-1 amendments are specified in the Comprehensive Plan Administrative Element Policy 1.15. Staff evaluation of these is attached to the agenda request as Exhibit 1. The proposed amendment was found to be consistent with the specified guidelines and criteria. : ® Properties adjacent and proximate to the amendment site are shown on the FLUM as RR to the west and north and LDR to the east and south. e There are existing residential subdivisions in the immediate vicinity. e Any adjacent farm operations must be buffered from a residential subdivision by a minimum 30-foot buffer as required by Future Land Use Element Policy 10.14A. Mr. Kampert reported three letters of opposition were received, citing primarily traffic concerns. He stated the Planning Commission recommended approval to transmit at its April 10, 2014 meeting, adding staff has no objections to this request. No one came forward to speak in favor of or in opposition to this request. Mr. Harris made motion, seconded by Mr. Boyles, to transmit this request for state review. 5 yeas. PUBLIC HEARING - TEXT AMENDMENT LPA 02-14, MID-BAY REGIONAL ACTIVITY CENTER (6:30 p.m., Transmittal Hearing) Mr. Stanford read the advertised legal notice for public hearing to consider Text Amendment LPA 02-14, adding new Policy 10.20 to the Comprehensive Plan Future Land Use Element, relating to the establishment of the Mid-Bay Regional Activity Center (RAC) as an overlay to the Future Land Use Map (FLUM). Mr. Kampert termed this a housekeeping detail. He said on February 18, 2014, the Board approved a boundary change for the May 6, 2014 -5- Minute Book 71, Page 39 Okaloosa County Board of County Commissioners RAC as described in Ordinance No. 14-06. As a follow-up, a Comprehensive Plan text amendment is required to authorize the location of the RAC on the FLUM. The new text, identified as Policy 10.20, must be sent for state review. The floor was opened for public comment. No one came forward to speak in favor of or in opposition to this request. Mr. Harris made motion, seconded by Mr. Amunds, to transmit this item for state agency review. 5 yeas. CONSENT AGENDA APPROVAL Mr. Windes stated Item #1. Airports: Verizon Wireless In Building Radio Distribution Agreement with Destin Airport is being removed from the agenda. Mr. Parisot asked for No. 10 to be considered separately. Mr. Harris made motion, seconded by Mr. Parisot, to approve Consent Agenda Items #2 through #9 and #11 through #21. 2. Airports: Amendment No. 1 to Crowne Aviation Services LLC contract to provide skycap and wheelchair assistance at the Northwest Florida Regional Airport 3. County Administration: Proclamation designating May 16 as Camp Pinchot Day 4, County Administration: Resolutions (two) authorizing Surety Land Title to prepare quitclaim deeds for successful bidders converting their Okaloosa Island leasehold conversions to fee simple titles (Matthew Warren Estoup and Jaime A. Crossler, husband and wife; Sam Montalto; Deborah F. Maksymyk, formerly Deborah D. Dewrell; Vance McMillan; Stanley W. and Wassiya Hewitt, husband and wife) RESOLUTION NO. 14-85 RESOLUTION NO. 14-86 5. Finance: Budget Resolutions and Transfers (a) Resolution amending FY 2014 Budget, Road & Bridge Construction Fund (FDOT Supplement No. 1 to grant for construction of 12°° Avenue sidewalks) RESOLUTION NO. 14-87 (b) Resolution amending FY 2014 Budget, Self-Insurance Fund (ProShare distribution) RESOLUTION NO. 14-88 {c) Budget Transfer in Self-Insurance Fund to move over estimated cash balance to ProShare line item; BT-14-33 May 6, 2014 -6- Minute Book 71, Page 40 Okaloosa County Board of County Commissioners 11. 12. 13. 14, 15. 16. 17. 18. 19, 20. 21. (ad) Budget Transfer in Capital Outlay Construction Fund to provide funding for DAG Architects contract as approved at the April 15, 2014 BCC meeting; BT-14-34 BCC Records: Approval of April 1, 2014 Regular Meeting Minutes Fleet: Authorization to auction surplus equipment through J. M. Wood Auctions Sheriff: Teen Driver's Challenge Expenditure Request, reimbursement of expenditures from January 1, 2014 through March 31, 2014 in the amount of $26,352.19 Sheriff: Approval to submit grant applicant for the Bureau of Justice Assistance FY 2014 Bulletproof Vest Partnership Grant Program Purchasing: Recommendation to award contract for Cell Phone Waiting Area at Northwest Florida Regional Airport to Cathey Construction in the amount of $84,993 and to authorize Chairman to execute contract Purchasing: Authorization to auction surplus items through Global Enterprises Purchasing: Authorization to terminate lease agreement with Sprint/Nextel for the site located at 1250T North Eglin Parkway in Shalimar Purchasing: Change Order No. 2 with Jimmy Henderson II Construction for modifications to the Health Department Modular Building; change order will add seven days and $10,737 to contract Purchasing: Authorization to extend contract with The LPA Group, Inc. until Task Orders No. 12 Amendment 1, No. 15, No, 16, and No. 17 are completed; authorization to extend contract with Reynolds, Smith and Hills, Inc. until Task Order No. 13 and No. 15 are completed Public Works: Request from At The Beach Weddings for Qualified Beach Vendor Certificate for calendar year 2014 Public Works: Permission for Choctawhatchee Basin Alliance to plant grasses at Longwood Park Public Works: Proclamation designating May 18-24, 2014 as National Public Works Week Public Works: MSBU/MSTU Policy Revisions Public Works: Task Order No. 49 Amendment 1 with HDR Engineers (Contract #C06-1346-PW) to increase direct labor fee and decrease subcontractor fee which will result in no change in total amount of task order Public Works: Final Payment to Gum Creek Farms, Inc. for drainage improvements to Foxwood Phase II, Estimate #3 in the amount of $14,447.50 5 yeas. May 6, 2014 -7- Minute Book 71, Page 41 Okaloosa County Board of County Commissioners 10. Sheriff: Law Enforcement Trust Fund (LETF) Disbursements Mr. Parisot questioned a proposed $200 disbursement to Sigma Omicron Omega for the Scholarship Ball. Major J. D. Peacock, Sheriff's Office, stated this is a partnership with a group who provides a seminar for high school seniors preparing to go away to college. Seminar topics include campus safety, drug and alcohol abuse prevention, and adjusting to campus life. He advised this is not a scholarship. Mr. Parisot also questioned terminology for the disbursement to the Judge Ben Gordon Family Visitation Center. He said that he spoke with Sharon Rogers, Executive Director of the facility, and her use of the term “scholarship” is different than the typical use. The money is used to provide services without costs to victims of domestic violence and their children. Mr. Parisot stated he will have no problem with this allocation if the word “scholarship” is stricken. Mr. Parisot made motion, seconded by Mr. Harris, to approve Consent Agenda Item #10 with removal of the word “scholarship” from the supporting text. 5 yeas. COUNTY EXTENSION - MORRILL ACT RESOLUTION (LAND GRANT ACT) Mr. Larry Williams, County Extension Director, opened his commentary with a display of life-sized cardboard images of three men instrumental in the establishment of the Cooperative Extension Service. They were Hoke Smith, Asbury Lever, and Seaman Knapp. He reported the Morrill Act, also known as the Land Grant Act, was signed by President Lincoln in 1862. The Act donated tens of thousands of acres to public lands to states to be sold with proceeds placed in an endowment fund to support colleges of Agriculture and Mechanical Arts (known as land grant universities). The Smith-Lever Act of 1914 established the Cooperative Extension Service which is a partnership between government entities to allow connection to research and information gathered by land grant universities. The Florida Cooperative Extension Service is administered by the University of Florida and Florida A&M University. Mr. Williams stated Mr. Knapp was the father of the Extension Service. Mr. Williams detailed the programs provided through the Extension Service. A copy of the resolution signed by Governor May 6, 2014 -8- Minute Book 71, Page 42 Okaloosa County Board of County Commissioners Scott commemorating the 100°° Anniversary of the Cooperative Extension Service was provided. Mr. Boyles made motion, seconded by Mr. Harris, in support of the Governor's resolution. 5 yeas. PUBLIC WORKS - APPROVAL OF FDEP GRANT AGREEMENT NO. S0697 FOR IMPROVEMENTS TO TANGLEWOOD AND OVERBROOK STORMWATER BASINS Mr. John Hofstad, Public Works Director, requested approval of Florida Department of Environmental Protection (FDEP) Grant Agreement No. S0697 in the amount of $414,000 for improvements to the Tanglewood and Overbrooks Stormwater Basins. Upon inquiry by Mr. Amunds, Mr. Hofstad replied the improvements will provide capacity for the stormwater system and improve water quality. He advised that it will not address the type stormwater we experienced during the April 29-30 rainstorm event. Mr. Amunds made motion, seconded by Mr. Parisot, to approve the grant agreement and to authorize the Chairman to execute same. 5 yeas. PUBLIC WORKS - PHOTOGRAPHS AND RAINSTORM EVENT DAMAGE UPDATE Mr. Hofstad said when the Board convened for a Special Meeting at the Emergency Operations Center (EOC) on Wednesday morning, he made the comment he did not have a grasp on the damages in the county. He said the graphic on the screen pinpoints known areas with significant damages, saying the pinpoints do not include road damages. Mr. Hofstad reported that 1,000 linear miles of roads have been damaged. He further stated that 80% of the 200 miles of dirt roads have been impacted and need maintenance or repairs. Mr. Hofstad said when this information was compiled and visual illustration was prepared yesterday, the estimate was $3 Million in damages. However, he stated that figure has grown since yesterday. Mr. Hofstad explained it is not just a matter of driving around and cataloging the affected areas, pointing out there will be residual effects. The examples he presented were the collapse of Jonquil Avenue and Old Bethel Road over the weekend. He stressed the list of damages presented thus far is not exhaustive. Mr. Hofstad then provided a series of photographs of some of the affected areas. He also noted that three dams were compromised by the storm. Mr. Hofstad stated it will take some time to make necessary repairs and asked for the public’s patience. He said staff May 6, 2014 -9- Minute Book 71, Page 43 Okaloosa County Board of County Commissioners continues to prioritize work and it will take a number of weeks to provide the needed maintenance and repairs. Mr. Hofstad also pointed out to the Board that doing these repairs will push back other scheduled capital projects. PUBLIC WORKS - ACTIVATION OF DEBRIS REMOVAL CONTRACTS Mr. Hofstad reported a significant number of homes have sustained damage from the April 29-30 rainstorm and the homeowners are moving debris to the curb. He stated county staff had an audience with FEMA today and they are confident a minimum funding of 75% for incurred damages will be available. Mr. Hofstad requested authorization to initiate two contracts for debris removal in response to the disaster. One will be with True North for debris monitoring. The second is with DRC Emergency Services (DRC) for debris removal. He advised there is a clause in the contract with DRC for the contractor to be active on site within 48 hours. Mr. Hofstad said he can estimate with some degree of certainty the cost for debris disposal will be in the $40,000 to $50,000 range. If the FEMA reimbursement is 75%, this will mean the county will be responsible for the remaining costs. He stated there are sufficient reserves in the Solid Waste Fund to pay for the balance. Mr. Hofstad stated in addition to activating the two contracts for debris removal, he needs the Board to establish a cutoff date for residents to put debris at curbside. He pointed out the forecast for the coming weekend is for more rain and suggested the deadline be set for 7 a.m. on Friday morning, May 9, for residents to have the debris at curbside. Mr. Parisot made motion, seconded by Mr. Harris, to activate the contracts with True North and DRC and to set a deadline of 7 a.m. Friday morning, May 9, for residents to have debris at curbside for pickup. 5 yeas. (NOTE: On November 5, 2013, the Board awarded bids for standby services for emergency debris removal. Please see Page 13 of the Minutes of that meeting.) Mr. Harris stated it has been one week since the storm event and he believes everyone in the county was touched in some way. He spoke about the aftermath of the storm and expressed his empathy for those county employees who left their damaged homes behind May 6, 2014 -10- Minute Book 71, Page 44 Okaloosa County Board of County Commissioners and came to work to help others. Mr. Harris said he is very proud of the county employees, paying particular attention to the Public Safety, Public Works, and Water & Sewer Departments. He too shared Mr. Hofstad’s plea for patience from the residents. Mr. Amunds said there were rumors circulating that the threshold for damages had to be $25 Million before FEMA would provide assistance. He stressed this is not accurate. Mr. Amunds thanked the citizens for helping their neighbors. Mr. Amunds asked about a list of the damages and when repairs could be anticipated. Mr. Hofstad replied most of what they have learned has come from citizen input. He stressed the department has only so many employees to do this work. Mr. Hofstad noted he worked with Mr. Boyles on an issue regarding a private road, saying those residents wanted materials. He Stated they do not have authorization to go on private roads but the Board did authorize the County Administrator during the Special Meeting on April 30 to give authorization for assistance toe citizens on private roadways. Mr. Hofstad said they have touched a lot of people. He encouraged citizens to call for assistance and said they will get to them as soon as possible. Mr. Amunds acknowledged the purpose of the Code Red program is to provide weather alerts. He asked if it can be used to provide residents with information on the storm debris removal. Mr. Padgett replied that he sees no problem with that. Mr. Hofstad stated he has spoken with a Northwest Florida Daily News reporter who will help with publicizing the deadline for having storm debris at curbside. Mr. Parisot commented he has approximately fifty pictures on his camera of the affected areas in his district and will provide those. Mr. Boyles stated he will help get the word out about the storm debris pickup. He said that for him this storm demonstrated the importance of the county’s commitment to working on its infrastructure. Mr. Boyles acknowledged staff will be spread thin but supported anything which could be done to continue progress on improving infrastructure. Mr. Hofstad responded, “That is a given.” May 6, 2014 -11- Minute Book 71, Page 45 Okaloosa County Board of County Commissioners Mr. Windes said so far we have had a bridge incident, an ice storm, and a 100-year rain storm. He thanked staff for their hard work. GROWTH MANAGEMENT - UPDATE ON HOME INSPECTIONS FOLLOWING RAINSTORM EVENT Mr. Elliot Kampert, Growth Management Director, reported staff has inspected 75 homes, estimating the damages at $650,000. He said more requests for inspections are coming in and he believes 100 homes will be inspected before all is said and done and damage estimates could be $1 Million. GROWTH MANAGEMENT - RE-PLAT OF WILLOW CREEK PHASE I Mr. Kampert requested this item be pulled from consideration. GROWTH MANAGEMENT ~ APPROVAL OF VERIZON WIRELESS TOWER Mr. Kampert requested consideration of a proposed 180-foot communications tower as submitted by Satya Acquisition Management on behalf of Verizon Wireless. The site is located on Caveman Road in Crestview. He said the Planning Commission voted unanimously to recommend approval of this request at its April 10 meeting. Mr. Kampert stated staff has no objections. Mr. Harris made motion, seconded by Mr. Amunds, to grant approval for the Verizon Wireless tower. 5 yeas. GROWTH MANAGEMENT - MEDICAID NON-EMERGENCY TRANSPORTATION AMENDMENT NO. 6 AND TASK ORDER NO. 28 AMENDMENT #6 WITH OCT Mr. Kampert presented for consideration Amendment No. 6 to the agreement with the Commission for the Transportation Disadvantaged for reimbursement of Medicaid Non-Emergency Transportation (NET) services and Task Order No. 28 Amendment #6 with Okaloosa County Transit (OCT) for reimbursement of operating costs. He advised the subject amendment will extend the agreement through August 31, 2014. Mr. Harris made motion, seconded by Mr. Boyles, to approve Amendment No. 6 for NET services and the accompanying task order with OCT. 5 yeas. WATER & SEWER SYSTEM - FINAL PAYMENT CONTRACT PAYMENT TO R & FARMS FOR BIOSOLIDS REMOVAL : Mr. Jeff Littrell, Water & Sewer System Director, requested approval of the Final Payment to R & E Farms on Contract #C09- May 6, 2014 ~12- Minute Book 71, Page 46 Okaloosa County Board of County Commissioners 1691-WS (Invoice #721) for biosolids removal in the amount of $6,336. Mr. Parisot made motion, seconded by Mr. Amunds, to approve payment of this invoice. 5 yeas. WATER & SEWER SYSTEM - NORTHWEST FLORIDA WATER MANAGEMENT DISTRICT GRANT AGREEMENT FOR MID-COUNTY TANK #4, ISSUANCE OF RFQ FOR CONSULTING ENGINEERING SERVICES, AND APPOINTMENT OF REVIEW COMMITTEE Mr. Littrell requested approval of the grant agreement between Okaloosa County and the Northwest Florida Water Management District (District). The $1,250,000 grant will go toward construction of Mid-County Tank #4. He said it will also be necessary to issue a Request for Qualifications (RFQ) for an engineering firm to serve as the project engineer and owner's representative. Recommendations for the Review Committee for this RFQ are: Purchasing Manager Zan Fedorak or her designee, Commissioner Boyles, Water & Sewer Director Jeff Littrell, Deputy Water & Sewer Director Mark Wise, Water Operations Supervisor Dale Brazel, and Public Works Road Division Manager Clay Simmons. Upon inquiry, Mr. Littrell stated the land has not yet been acquired for this tank site and requested authorization for staff to move forward with land acquisition negotiations and appraisals. Mr. Harris made motion, seconded by Mr. Amunds, to: 1. approve the grant agreement and to authorize the Chairman to execute same 2. authorize staff to begin land acquisition negotiations, obtain appraisals and return to the Board with a contract to purchase real estate for the tank site 3. authorize staff to work with the Purchasing Department to prepare and issue a RFQ for an engineering consultant 4, approve the appointment of the Review Committee as listed above for the RFQ submittals Upon inquiry about use of Airport property for a tank site, Airports Director Sunil Harman stated there are surfaces we cannot violate and cannot put in obstructions. 5 yeas. WATER & SEWER SYSTEM - DEFENSE INFRASTRUCTURE GRANT PHASE 4 AGREEMENT Mr. Littrell requested approval of and authorization for the Chairman to execute Defense Infrastructure Grant (DIG) Phase 4 Agreement (as well as any future grant documents during the term May 6, 2014 -13- Minute Book 71, Page 47 Okaloosa County Board of County Commissioners of this grant) between Okaloosa County and Enterprise Florida, Inc. in the amount of $200,000. He stated these funds will be used to match the REPI grant for land acquisition of a Shoal River buffer, benefitting both the military (flight path) and Okaloosa County (watershed protection for future water supply). Mr. Harris made motion, seconded by Mr. Parisot, to approve the DIG Phase 4 Agreement. 5 yeas. WATER & SEWER SYSTEM - GRANT OF EASEMENT WITH U.S.A.F. FOR EGLIN MAIN BASE WASTEWATER PROJECT Mr. Littrell requested approval of a Grant of Easement with the U. S. Air Force. This utility easement is for the Eglin Main Base Wastewater Project. Mr. Harris made motion, seconded by Mr. Parisot, to authorize the Chairman to execute the easement. 5 yeas. WATER & SEWER SYSTEM —- DEPARTMENT UPDATE ON STORM EVENT Mr. Littrell reported the county’s water and sewer system was strained to the limits but has come through the storm pretty well. He acknowledged people are still in dire straits and OCWS has its personnel working on the problems. RECESS - The meeting was recessed at 7:35 p.m. and reconvened at 7:45 p.m. FACILITIES MAINTENANCE - APPROVAL OF DESIGN-BUILD CONTRACT WITH AJAX FOR REMODELING/EXPANSION PROJECT FOR CRESTVIEW COURTHOUSE Mr. Don Turner, Facilities Maintenance Director, requested approval of the design-build contract with AJAX for the remodeling and expansion project for the Crestview Courthouse. The not-to-exceed cost of the contract is $8 Million. Mr. Harris made motion, seconded by Mr. Boyles, to approve the contract as requested by the department head. (NOTE: The agenda request also included a request to authorize $175,000 from 301-3160-599300 to fund the initial phase of the design work. ) Mr. Amunds asked if the $8 Million figure is just a place holder or will there be additional fees. Mr. Turner replied AJAX will earn every dollar. Mr. Parisot expressed his concerns about moving into Fiscal Year 2014-15 with new debt service and taking on this $8 Million debt without a new revenue source. He found it astounding to consider enlarging the Courthouse after the recent storm event May 6, 2014 ~14- Minute Book 71, Page 48 Okaloosa County Board of County Commissioners which flooded people’s homes. Mr. Parisot said from a priority standpoint, $8 Million should be used for stormwater. He then recommended tabling this item, as well as another item under Facilities Maintenance seeking approval of a change order for the Shalimar Annex Project. Mr. Parisot stated the Board should be brought up to speed on how much debt service the county can handle. Mr. Turner requested the motion include provision for the Chairman to sign the contract. Mr. Harris amended his motion to include this authorization. 3 yeas, 2 nays. (Mr. Parisot and Mr. Amunds voted no.) FACILITIES MAINTENANCE - APPROVAL TO NEGOTIATE WITH LORD & SON FOR SHERIFF'S NEW SHALIMAR BUILDING Mr. Turner stated Lord & Son was the top-ranked firm and requested approval for staff to enter into negotiations with Lord & Son as Construction Manager for the construction of a new 10,000 square foot building at the Sheriff's Shalimar Campus. Mr. Boyles made motion, seconded by Mr. Harris, to authorize negotiations with Lord & Son for this construction project. 5 yeas. FACILITIES MAINTENANCE - CHANGE ORDER NO. 2 WITH LORD & SON CONSTRUCTION FOR SHALIMAR ANNEX PROJECT Mr. Turner stated the original contract was based on a plan to remodel the Shalimar Annex at an estimated cost of $6 Million. However, he said the nature of the project changed into demolition of the existing facility and construction of a single new building. The project budget for the new building is $10 Million. The proposed change order (No. 2) is based on the complexity and new budget for the project and reflects an increase in the contract with Lord & Son in the amount of $558,880. This change order also outlines the new scope of work. Mr. Boyles made motion, seconded by Mr. Amunds, to approve the change order. Mr. Parisot stated he will not support the motion based on his previous statement. He requested this item be tabled. The vote was taken to approve the change order-4 yeas, 1 nay. (Mr. Parisot voted no.) May 6, 2014 -15- Minute Book 71, Page 49 Okaloosa County Board of County Commissioners FACILITIES MAINTENANCE - DEPARTMENT UPDATE ON STORM EVENT Mr. Turner stated although county buildings fared well, there was approximately $200,000 in damages, primarily to two facilities involving a lightning strike and water intrusion. He briefly described an issue with the key card locking system for doors at the County Jail, saying he is working with Chief Corrections Officer Paul Lawson on this item. Mr. Turner said there was water intrusion at the old Crestview Hospital and leaks at the South County Agriculture Extension Center and the South County Health Department. Upon inguiry by Mr. Parisot regarding collapse of the parking lot at the County Jail, Mr. Turner stated about 20% of the parking lot was lost and the Public Works Department is providing assistance. TOURIST DEVELOPMENT -— QUARTERLY FINANCIAL UPDATE Mr. Ed Schroeder, Tourist Development Department (TDD) Director, stated the quarterly financial report is attached to the agenda request. He noted the Tourist Development Council (TDC) approved the financial report at its April 24 meeting. Mr. Boyles made motion, seconded by Mr. Parisot, to approve this quarterly financial report. 5 yeas. TOURIST DEVELOPMENT - RESOLUTION ADOPTING CONSOLIDATED STRATEGIC MARKETING PLAN FOR FY 2013-14 Mr. Schroeder stated on March 18, 2014, the Board approved specifics on “Last Minute Deals.” He advised that based on discussions with the Purchasing and Finance Departments this terminology has been changed to “Promotional Reserves” and approval authority changed to align with the Purchasing Policy. (NOTE: At the March 18, 2014 meeting, TDD presented a revised Ad Agency Strategic Marketing Plan and an In-House Strategic Marketing Plan for FY 2013-14. The revised plan was adopted under Resolution No. 14-69.) Mr. Schroeder presented for consideration a resolution for a Consolidated Strategic Marketing Plan for FY 2013-14. He stated the TDC approved the plan at its April 24, 2014 meeting. Mr. Harris made motion, seconded by Mr. Amunds, to adopt the resolution. Upon inquiry by Mr. Amunds, Mr. Stewart stated it was reviewed by legal staff. 5 yeas. RESOLUTION NO. 14-89 May 6, 2014 -16- Minute Book 71, Page 50 Okaloosa County Board of County Commissioners TOURIST DEVELOPMENT —- PADDLE BOARDING EVENT ADVERTISING Mr. Shroeder stated this next item is for informational purposes only. He said $6,000 will be spent to promote a paddle boarding event in Destin in June. Upon inquiry by Mr. Boyles, Mr. Schroeder stated the funds will come from the In-house Marketing Plan Promotional Reserves. (Please see below: Tourist Development — Clarification on Paddle Boarding Advertising.) TOURIST DEVELOPMENT ~- TDC VACANCY Mr, Schroeder requested approval to proceed with the selection process to fill a vacant seat on the Tourist Development Council (TDC). Daniel Empson, who was appointed to a two-year term as a Tourism Industry Member, has submitted his resignation. Mr. Schroeder’s request was to seek applicants to fill the vacant seat and to appoint a three-member Selection Committee consisting of a county commissioner, TDD Director, and TDC Chairman. Mr. Harris made motion, seconded by Mr. Boyles, to approve the department head's request to seek applicants for the vacant TDC post and to appoint the Selection Committee. Mr. Boyles asked Mr. Windes if he will be able to serve on this committee, to which he replied he will serve. Mr. Harris amended his motion to name Mr. Windes as the commissioner sitting on this committee. 5 yeas. TOURIST DEVELOPMENT - CLARIFICATION ON PADDLE BOARDING ADVERTISING Mr. Windes referred to the agenda request for this item and asked Mr. Schroeder if a vote is needed. Mr. Harris pointed out the agenda request does ask for approval of the expenditure. Mr. Schroeder answered, “I didn’t do that right,” meaning he did not prepare the agenda request correctly. TOURIST DEVELOPMENT -— HB5001 APPROPRIATION FOR EAST PASS Mr. Schroeder reported General Appropriations for Beach and Inlet Projects, HB 5001, will provide an appropriation of $3,768,750 to the City of Destin for the East Pass. TOURIST DEVELOPMENT ~ DEPARTMENT UPDATE ON STORM EVENT Mr. Schroeder reported they had a good tourism weekend last weekend and expect to have another good one this weekend. He said the 15,000 people who work in the tourism industry were May 6, 2014 ~17- Minute Book 71, Page 51 Okaloosa County Board of County Commissioners able to get to work because of the hard work done by county employees to keep the roads passable. OLD BUSINESS - CONSIDERATION OF AMENDED BOND RESOLUTION RELATIVE TO BEACH RESTORATION Mr. Windes asked if there are any comments regarding the proposed Amended Bond Resolution to eliminate the special assessments as a pledge of revenue for the repayment of the note funding the West Destin Beach Restoration Project. Mr. Amunds suggested seeing what the consensus of the commission is. Mr. Boyles stated he is not supportive, noting his opinion has not changed from the outset. Mr. Boyles made motion, seconded by Mr. Harris, to reject the proposed Amended Bond Resolution and to cancel the public hearing set on May 20 for consideration of repealing Ordinance No. 07-57 which established the Okaloosa County Beach Restoration Municipal Services Benefit Unit. Mr. Parisot stated he will support the agenda item. Mr. Amunds said he believes he is the only remaining member of the Board which adopted the ordinance creating this MSBU and the commissioners at that time made a commitment to terminate the assessment early if possible. He stated he will stick to that commitment. Mr. Windes reported he has given this considerable thought. He noted the Tourist Development Council (TDC) “draws a lot of water with me” and that body had no appetite for this item. He said that he sees the water lapping up on Jetty East, believes the commissioners must be good stewards of the public’s money, and must be prepared for a catastrophic event. Mr. Windes felt passage of this resolution is not the right thing to do. Mr. Schroeder referred to the Quarterly Report presented earlier in the meeting and gave a synopsis of what each penny of the tourists tax is used for. Mr. Boyles was asked to restate his motion. Mr. Boyles made motion, seconded by Mr. Harris, to reject the proposed Amended Bond Resolution and, having done so, to cancel any future, pending scheduled hearings on the Beach Restoration MSBU and to allow the MSBU to sunset. 3 yeas, 2 nays. (Mr. Amunds and Mr, Parisot voted no.) May 6, 2014 -18- Minute Book 71, Page 52 Okaloosa County Board of County Commissioners NEW BUSINESS - STAFF DIRECTION ON PANHANDLING ORDINANCE Mr. Stewart stated a request was made to explore the option of adopting a Panhandling Ordinance. He said copies of two ordinances, one from Hernando County and one from the City of Orlando, have been provided. Mr. Stewart remarked staff is only bringing this item forward to see if the Board wants to pursue it. Mr. Harris asked if this is a problem in our county. He asked about a funding source or providing law enforcement with “teeth’ to handle the issue. Mr. Stewart replied this is normally a second degree misdemeanor but there are associated costs for prosecution and incarceration. Mr. Harris again asked if this is a problem. Mr. Parisot said he brought this item to the Board. He stated many of the cities are clamping down on panhandling and these individuals could just move into the unincorporated areas. Mr. Parisot said there is no ordinance addressing panhandling and by addressing it now we could get ahead of a potential problem. Mr. Boyles stated he has no interest in taking this forward. Mr. Harris commented “Amen” and Mr. Windes said he agrees. Mr. Boyles made motion, seconded by Mr. Harris, to direct staff not to pursue drafting an ordinance on panhandling. Mr. Amunds commented the cities have considered ordinances but when the county told the cities they would have to pay the costs for housing violators in the County Jail, the interest in passage of such an ordinance lessened. 4 yeas, 1 nay. (Mr. Parisot voted no.) ADJOURNMENT There being no further business to come before the Board, the meeting was adjourned at 8:20 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.) May 6, 2014 ~19- Minute Book 71, Page 53 Okaloosa County Board of County Commissioners : re is a i | a oy ea ia