Okaloosa County BOCC — May 17, 2013 — March 19 Regular — reading text

will come out of the General Fund. Mr. Parisot made motion, seconded by Mr. Harris, to approve the recommendation of the Risk Manager to move the renewal date for the county’s property insurance. 5 yeas. TOURIST DEVELOPMENT – UPDATE ON WESTERN DESTIN BEACH RESTORATION PROJECT AND DUNE ENHANCEMENT PROJECT Mr. Daniel O’Byrne, Tourist Development Director, stated Coastal Management Coordinator Jim Trifilio will give an update on the Western Destin Beach Restoration and the Dune Enhancement Projects. Mr. Trifilio provided the following information: Western Destin Beach Restoration Project • Over 600,000 cubic yards of sand placed • beach elevation increased more than five feet • shoreline advanced an average of more than 180 feet • 23 marine turtles safely netted and relocated • total project cost under $8 Million authorized by the Board Dune Enhancement Project Update (tentative schedule) • Mobilization on March 30 and 31 • Delivery of fence material on April 1 • Fence installation on April 2 to April 15 • Plant installation on Western Destin on April 15 to April 30 • Plant installation on Okaloosa Island on May 1 to May 21 • Permit and Notice to Proceed are in hand TOURIST DEVELOPMENT – REVISIONS TO TOURIST DEVELOPMENT OPERATIONS & PROCEDURES MANUAL The most recent revisions to the Tourist Development Operations & Procedures Manual were made on September 18, 2012 and February 19, 2013. These latest revisions demonstrate due diligence in executing Board direction. Mr. O’Byrne said the objective is to specifically address the Auditor General’s findings related to special events and sponsorship funding and March 19, 2013 -31- Minute Book 69, Page Okaloosa County Board of County Commissioners to communicate policies more clearly and effectively to stakeholders and the public. Mr. O’Byrne provided a brief summary of the latest proposed changes: 1. Segregate the document into three sections (TDC Bylaws, TDD Operations & Procedures Manual, and Special Events and Sponsorships) 2. Replace “Council” with “TDC” and “Board” with “BCC” throughout the entire document 3. Add an Appendix to Sections 1 and 3 which includes the applicable forms 4. In Section 1, TDC Bylaws, include a provision on new member orientation, require Voting Conflict Forms to be attached to the minutes, and delete redundant Section B.000 which addresses activities subject to financial review by the TDC 5. In Section 2, TDD Operations & Procedures Manual, delete any reference to the Contracts and Leases Policies and Procedures and include a requirement for the TDD Attorney to participate in the contract approval process 6. Section 3, Special Event and Sponsorship Funding, reworked in its entirety to clarify and strengthen procedures and communicate policy more effectively and add an Expense Reimbursement Form to help mirror county Purchasing Policy Mr. Greg Stewart, Special Counsel with Nabors, Giblin & Nickerson, stated potential amendments to the policy include: • Preparation of language regarding expenditures to be reviewed by the TDD Attorney. This would include work orders and review of purchase orders in excess of $50,000 • Require TDD Attorney, in addition to County Attorney, to review marketing contract prior to presentation to the BCC • Require TDC members to execute Form 1 • Provision for validation by BCC of individual elected to serve as TDC Chairperson. Mr. Stewart noted the current draft leaves election of the TDC Chairperson with the TDC, saying he does not think validation should come before the Board. Mr. Amunds said he would like for the TDC Attorney review threshold to be $25,000 and felt that requirement should be part of the job description for the TDC Attorney. Mr. Amunds also stated the approval should not be initialed but have a full signature. He added he wants the public to know the Board is March 19, 2013 -32- Minute Book 69, Page Okaloosa County Board of County Commissioners taking this seriously, saying “It’s about holding people accountable.” Upon inquiry by Mr. Parisot, Mr. Amunds said this requirement would apply only to TDD and not other department. Mr. Harris commented that many of the rules should apply across the board. Mr. Parisot stated he has some problems with Form 1. He said the TDC is not making money allocations and they are being asked to provide personal information for serving in a voluntary capacity. Mr. Parisot felt this requirement will impact the quality of individuals who will apply. Mr. Boyles stated Form 1 is a pain, noting he filled it out when he served on the Code Enforcement Board. He termed the Form 1 requirement as “overkill” but it will show how serious the Board is and said the requirement should be retained. Mr. Harris asked if Form 1 can be modified. Mr. Stewart referred to the statutory significance of the form and said if the commissioners want to modify it, they should just leave it out. He clarified completion of Form 1 is optional. Mr. Windes stated he agrees with Mr. Parisot. Mr. Harris said he could go either way but remarked he feels the requirement would impact the quantity of TDC applicants, not the quality of the applicants. Discussion continued. Mr. Windes made motion, seconded by Mr. Harris, to approve and adopt the revised TDC Operations & Procedures Manual, adding a requirement for the TDC Attorney to review purchase orders and contracts in excess of $25,000 and removing the requirement for TDC members to complete Form 1. 4 yeas, 1 nay. (Mr. Boyles voted no.) TOURIST DEVELOPMENT – UPDATE ON LITIGATION Mr. Stewart stated an update will be given every thirty days on issues the legal team is working on. He stated suit has been filed in Okaloosa County against American Wind Symphony and the orchestra is in the process of being served. Mr. Stewart stated the Bourget custom-designed motorcycles being stored in Arizona by the Bourget family are in transport back to Okaloosa County and will be stored at Facilities Maintenance. They should be delivered in a week to ten days. He reported there has been some informal discussions from individuals desiring to purchase them. March 19, 2013 -33- Minute Book 69, Page Okaloosa County Board of County Commissioners Mr. Stewart reported the house was sold on March 8 for $573,095.49. He pointed out $35,900 of that sale will be commission. Mr. Stewart stated he called the Justice Department on Friday with regard to the county’s Petition for Remission seeking 100% of the net proceeds. He said the petition is being processed and he is awaiting recommendations from the U.S. Attorney in Pensacola and the FBI. Mr. Stewart stated those agencies believe the process will take three to four weeks. Concerning his conversation with the U.S. Attorney, he said it is expected funding for the maintenance of the home will be deducted from the selling price and the remainder will be returned to Okaloosa County. Mr. Stewart recommended waiting until the actual amount to be returned to the county on the sale of the house is determined before the Board makes a decision on pursuing reimbursement from Lewis Communications for losses on the sale. When those numbers are determined, he said they will first send a letter to Lewis asking for payment. If the payment is not received, he will come to the Board to seek approval to file suit. Mr. Stewart referred to the suit filed by the Zimmerman Agency for non-payment of invoices. Notice of that suit was received on March 5 and the firm is preparing an answer and counter claim. He advised that he will not go into the details now. Mr. Amunds responded those details can be discussed in Executive Session. Aramark: Mr. Stewart said advance payments were made to Aramark by Zimmerman. He advised they will sit down with Aramark representatives to determine which charges are appropriate. Vision Airlines: Mr. Stewart stated Vision paid $117,000 in past due passenger facilities charges. He reported interest, attorneys’ fees and approximately $30,000 in additional charges from the Airports has not been paid. He further noted some of those charges are being contested. Mr. Stewart advised they are trying to work with Vision on a final resolution. Upon inquiry by Mr. Parisot, Mr. Stewart answered they are also working the issue of debit cards to Vision Airlines. Another issue for discussion was the lease at Harbor Walk in which Mr. Bellinger brought for Board consideration and approval a $1.00-per-year lease for Welcome Center space on Harbor Walk. Mr. Bellinger entered into a separate rental agreement with Legendary for lease of the space for $50,000 and deemed it a marketing endeavor. Mr. Stewart said Harbor Walk and Legendary March 19, 2013 -34- Minute Book 69, Page Okaloosa County Board of County Commissioners were contacted for more information and have been cooperative. He stated he is still waiting for additional information. With regard to the 46 debit cards used by four individuals, Mr. Stewart said they are going through the materials to verify use of the cards. Mr. Stewart said at the last South County meeting he recommended dissolution of the Emerald Coast Convention & Visitors Bureau. He stated he obtained a copy of the By-laws for the organization and learned that the Tourist Development Council members were listed as the Board of Directors and Mark Bellinger as President. The TDC members were contacted and provided with the information which had been obtained and almost every one of them said they were not aware they were on that Board of Directors. He stated they are still working on this issue. Mr. Stewart said another item dealt with overpayment to a spokesman. He advised that he has been in communication with him. The individual wrote a letter about repayment but did not provide a repayment plan. Mr. Stewart proposed a payment schedule or payment of the full amount. If no agreement is received within 30 days, he suggested bringing action. Mr. Parisot made motion, seconded by Mr. Boyles, to authorize Mr. Stewart to bring action on this issue. Upon inquiry by Mr. Amunds regarding criminal charges, Mr. Stewart replied what the Sheriff does is out of our control. Discussion continued. Mr. Parisot restated his motion, second confirmed by Mr. Boyles, to authorize Mr. Stewart to continue to work this issue with the individual but to also authorize him to file suit if necessary. Mr. Harris posed questions about attorney’s fees. Mr. Stewart responded at this point it would be summary action and that route is inexpensive. Mr. Parisot suggested this be turned over to Mr. Dowd. Mr. Stewart recommended he be allowed to finish the deal and if it becomes necessary to go to court that it be turned over to Mr. Dowd. Mr. Parisot revised his motion to include this provision. Mr. Boyles again confirmed his second. 5 yeas. Mr. Stewart told the Board the issue involving the RV driver is complicated. The individual was commissioned to drive the RV around the country but many of the destinations were cancelled when Greg Donovan took over as Interim TDD Director. This resulted in an overpayment of $14,900 to this individual. Mr. Stewart said the RV driver then provided alternative services, some of which were maintenance. He advised the individual did March 19, 2013 -35- Minute Book 69, Page Okaloosa County Board of County Commissioners carry out these duties and he suggests no legal action be taken against this man for the work performed as equal value. However, the money used to pay the RV driver was BP funds and the