Okaloosa County BOCC — August 6, 2013 — August 6 Regular Meeting — reading text

to Page 4 for discussion on this item.) 16. Tourist Development: Request approval of and adoption of the Beach Restoration MSBU Initial Assessment Resolution and scheduling of a public hearing on September 3 for approval of the Final Assessment Resolution RESOLUTION NO. 13-117 (NOTE: Please refer to Page 4 for discussion on this item and the addition of a second public hearing.) 17. Water & Sewer: Request approval of and authorization for Chairman to execute the FY 2013-14 Shoal River Defense Infrastructure Grant application 18. Growth Management: Authorization for Chairman to sign the 2013 State Housing Initiatives Partnership (SHIP) Certification 19. Public Works: Documents associated with FDOT project for installation of turn lane on Highway 4 at Baker August 6, 2013 -6- Minute Book 69, Page 266 Okaloosa County Board of County Commissioners (a) Subordination of County Utility Interests and accompanying resolution RESOLUTION NO. 13-118 (6b) County Deed and accompanying resolution RESOLUTION NO. 13-119 (c) Temporary Easement and accompanying resolution RESOLUTION NO. 13-120 20. Facilities Maintenance: Final contract payment to Seago Fire Protection for final phase of fire sprinkler system installation at County Jail; $132,009 5 yeas. PUBLIC HEARING - AMENDING TOURIST DEVELOPMENT PLAN RELATED TO REVENUE PROJECTIONS AND ALLOCATION/REFINEMENT OF USES FOR EACH PENNY (9:00 A.M.) Mr. Stanford read the advertised legal notice for public hearing to consider amending the Tourist Development Plan (Ordinance No. 13-19) relating to use of tourist development tax revenue, funding of sponsorships, providing for construction of artificial reefs and other eco-tourism projects, updating revenue projections, modifying the authorized uses of the proceeds of the various pennies of the Tourist Development Tax, and providing for reserves for each penny. Mr. Daniel O’Byrne, Tourist Development Department (TDD) Director, stated this document is a significant foundational element for the TDD. He said the proposed ordinance codifies the direction the Board wants to take. Mr. O’Byrne stated the Tourist Development Council (TDC) is charged with establishing the annual budget for each penny. He said the proposed ordinance provides subtle changes regarding authorized uses of each penny. Mr. O'Byrne referred the commissioners to Page 20 of his agenda request which shows a comparison of the revenue allocations for the five pennies in the existing ordinance and the proposed ordinance. Mr. Amunds noted that he did not see the statement from the TDC attorneys on the document. Mr. O’Byrne replied that he can get that, saying the attorneys prepared the proposed ordinance. Mr. Parisot added that he spoke with Special Counsel Greg Stewart (Nabors, Giblin & Nickerson) and confirmed his involvement. No one from the public came forward to address the proposed ordinance. Mr. Windes made motion, seconded by Mr. Harris, to August 6, 2013 -7- Minute Book 69, Page 267 Okaloosa County Board of County Commissioners approve the proposed ordinance. Mr. Parisot said it should be clarified this is only addressing certain changes in the current ordinance, He also stated that in the future the department should follow normal procedure and obtain authorization to hold a public hearing before advertising it. 5 yeas. ORDINANCE NO. 13-20 PURCHASING - ADDING ITEMS TO DIRECT PAYMENT AUTHORIZED LIST Mr. Richard Brannon, Purchasing Director, stated this is a housekeeping item with regard to the Purchasing Manual. He requested the following items be added to the list which is sent directly to Finance for payment: e Court Reporter services e permits, add certification renewals e vehicle registration e electronic payments to the State of Florida and the Internal Revenue Service He also requested the change order form attached to the agenda request be added and Paragraph 8 Item B on Page 15 addressing tie bids be deleted per State Executive Order. Mr. Brannon said on July 2, HR Director Kay Godwin requested clarification on retaining legal services. That authorization was given to the County Administrator. Mr. Parisot said that authorization was for outside legal counsel. He then made motion to include the change in the Purchasing Manual. Mr. Brannon read the language from the agenda request regarding a recent revision to the Purchasing Manual “The process for retaining Legal Services, such as county attorney, bond counsel, conflict counsel, and any other attorney, shall be as directed by the Board.” This authorization was changed to read to the County Administrator. Discussion ensued because “county attorney” was included in the original text. Mr. Parisot maintained the action taken by the Board was for outside legal services. Mr. Boyles requested this item be returned to the Board at a future date as an agenda item. No action was taken on Mr. Parisot’s motion. Mr. Parisot made motion, seconded by Mr. Boyles, to approve the agenda request to add item to the Direct Payment Authorized List. 5 yeas. August 6, 2013 -8- Minute Book 69, Page 268 Okaloosa County Board of County Commissioners PURCHASING - ENGINEERING SERVICES FOR WATER & SEWER DEPARTMENT Mr. Brannon reported six firms responded to the request for proposals for engineering services for the Water & Sewer Department. The selection committee reviewed and ranked the firms. The committee’s top three firms are Constantine Engineering, CH2M Hill, and Polyengineering. He requested authorization for staff to negotiate with these three firms and for the Chairman to execute the resulting contracts. Mr. Boyles made motion, seconded by Mr. Windes, to approve the department head's request on engineering firms. 5 yeas. TOURIST DEVELOPMENT ~ AMENDMENT TO GENESIS GROUP CONTRACT FOR PROFESSIONAL SERVICES Mr. Daniel O’Byrne, Tourist Development Department (TDD) Director, stated the Board entered into contract for professional services for general consulting services with the Genesis Group in March 1991. The rate sheet attached to that original contract listed the names of the professionals and rate of pay for each. Mr. O’Byrne pointed out the names of the professionals with the consulting firm have changed from 22 years ago and requested the contract be amended by removing the names. He advised there is no change to the rates. Mr. O’Byrne reported this current contract with Genesis will expire on September 30 of this year. The contract for these services is currently being rebid. Mr. Windes made motion, seconded by Mr. Harris, to approve the amendment. Mr. Parisot commented it is about time to rebid this contract. 5 yeas. (NOTE: This amendment was not executed because of questionable language and incomplete pages.) TOURIST DEVELOPMENT - TASK ORDER NO. 59 WITH PETER MAYER ADVERTISING Mr. O’Byrne stated this is a request from the Tourist Development Council (TDC) to deploy the Fall Campaign. He said the original amount set aside for this campaign was $100,000. However, the TDC voted to enhance this amount by another $200,000 from reserves. Mr. O’Byrne said on July 6 this Board approved moving that amount from reserves into the Fall Campaign. Two representatives of Peter Mayer Advertising detailed their plans for the Fall Campaign. Mr. Windes made motion, seconded by Mr. Harris, to approve Task Order #59 with Peter Mayer Advertising for the Fall Campaign in an amount not to exceed $245,000. 5 yeas. (NOTE: This document was not August 6, 2013 -9- Minute Book 69, Page 269 Okaloosa County Board of County Commissioners executed. It was returned to the Board on August 20, 2013 as revised Task Order #59.) GROWTH MANAGEMENT - 2013 LOCAL MITIGATION STRATEGY ANNUAL UPDATE/COMMUNITY RATING SYSTEM SECTION 510 COMPLIANCE Mr. Elliot Kampert, Growth Management Director, stated in 2011 the county significantly revised its Local Mitigation Strategy (LMS). The new LMS was found to be in compliance by the Florida Division of Emergency Management in April 2011 and by the Federal Emergency Management Agency in May 2011. The LMS serves as the county’s Hazard Mitigation Plan as provided in Section 510 of the Community Rating System Coordinator’s Manual. The required annual report was prepared internally by the Planning Division of the Growth Management Department and distributed to all municipalities. Mr. Kampert sought approval of the annual LMS update. Mr. Boyles made motion, seconded by Mr. Parisot, to approve the 2013 LMS Annual Update. 5 yeas. GROWTH MANAGEMENT - LETTER TO U.S. ARMY CORPS OF ENGINEERS REGARDING AFTER-THE-FACT PERMIT APPLICATION BY TIMBERVIEW HELICOPTERS Mr. Kampert advised that on July 19 the U.S. Army Corps of Engineers published a notice that Timberview Helicopters was seeking an after-the-fact permit for its operation on the water. The comment period ends on August 9, 2013. He stated staff has taken the opportunity to draft letters for Board review relating to this operation. Since originally putting the package together, Mr. Kampert said he has received feedback from commissioners recommending the Corps be asked to schedule a public hearing on this permit request. He stated this past Sunday, a Timberview helicopter dropped a banner-towing cable on the roof of the Elks Lodge on Okaloosa Island and that incident could also be included in the letter. Mr. Kampert noted there are three draft letters to be considered. He reported the City of Destin has also authorized the Mayor to forward a letter to the Corps on this issue. Mr. Windes stated he favors the letter requesting a public hearing. Upon inquiry by Mr. Kampert, Mr. Windes said he would also like the cable incident included in the letter. Mr. Parisot stated this company is launching message towing banners out of the Destin Airport which is not authorized for that type activity. Discussion ensued regarding the banner August 6, 2013 -10- Minute Book 69, Page 270 Okaloosa County Board of County Commissioners towing incident and the concern expressed for potential accidents over Crab Island and becoming an obstacle for the Destin fishing fleet. Mr. Boyles supports Mr. Windes position on elements for the letter to the Corps of Engineers. He also expressed his frustration because the applicant had told the Board that he had everything he needed for operation. Mr. Boyles called it troubling to learn this business is now seeking an after-the- fact permit. Mr. Amunds agreed with Mr. Boyles and Mr. Windes on the contents of the letter. He also suggested the hearing be set for an evening and held at the BCC Chambers or the Emerald Coast Convention Center so there are video capabilities. It was pointed out it would be the Corps who would hold the public hearing and not the BCC. Mr. Parisot asked if the Board can order Timberview to cease and desist its activities. Mr. Dowd replied that he can prosecute for ordinance violation but he is not sure about filing for an order to cease and desist. Mr. Amunds said he believes they are taking off from the Destin Airport, dropping the banners, and retrieving the banners by vehicle. He did not believe the helicopters are actually landing on Okaloosa Island. Upon inquiry by Mr. Harris, Mr. Amunds stated that Mr. Winkler who owns the property where the banners are being dropped is aware of the situation and has requested Timberview cease and desist. Mr. Windes made motion, seconded by Mr. Harris, to authorize the Chairman to execute a letter to the Corps of Engineers which includes the request for the Corps to hold a public hearing and to report the banner incident. 5 yeas. AIRPORTS - RITE WAY SERVICES, RENEWAL OF JANITORIAL CONTRACT Mr. Sunil Harman, Airports Director, requested approval of Amendment #3 to the contract with Rite Way Services. This amendment will extend the contract for a two-year period. The effective dates of the contract amendment are June 7, 2013 to June 6, 2015. Mr. Harris made motion, seconded by Mr. Parisot, to approve the contract