Okaloosa County BOCC — April 7, 2015 — 3-3-15 minutes — reading text

March 3, 2015 Regular Meeting The regular Tuesday meeting of the Okaloosa County Board of County Commissioners was called to order at 6:00 p.m. in the Okaloosa County Courthouse in Crestview. Members present were Nathan D. Boyleg, Chairman; Charles K. Windes, Jr., Vice Chairman; Wayne Harris; Carolyn Ketchel; and Trey Goodwin (arrived at 6:15 p.m.). Also present were J. D. Peacock, II, Clerk of Circuit Court; John Hofstad, County Administrator; Greg Stewart, County Attorney; and members of the media. COUNTY ADMINISTRATOR’S UPDATE Mr. Hofstad stated he has nothing. COUNTY ATTORNEY'S UPDATE Mr. Stewart stated he has nothing. COMMISSIONER’'S MINUTE Mr. Harris and Mrs. Ketchel stated they have nothing at this time. Mr. Windes stated Peter Mayer Advertising has held a contract with Tourist Development for approximately two years. He said he believes in trust but verify, saying he would like to see a compliance audit or contract and agreed upon procedure review. He said he believes Warren Averett could conduct this review at Tourist Development Council (TDC) expense. Mr. Boyles stated it is the consensus of the Board to direct staff to prepare an agenda request in this regard to be placed on an upcoming agenda. CLERK OF COURTS' UPDATE Mr. Peacock stated the Clerk’'s Office has rolled out a fresh new webside with a goal of providing more information to the citizens. He reported his office has a new domain name; it is OkaloosaClerk.com. PUBLIC COMMENTS There were no public comments. March 3, 2015 -1- Minute Book 72, Page 181 Okaloosa County Board of County Commissioners VISITOR - UNDERSHERIFF DON ADAMS, BINGO ORDINANCE Undersheriff Don Adams stated he would 1like to speak to the Board on the regulation of bingo games. He reported the State Statutes are vague and it is difficult to gain insight on bingo operators and the charities they represent. Mr. Adams reported that he has worked with a number of charities to develop a proposed ordinance to regulate bingo, stressing this 1is a starting point and he has coordinated this issue with Mr. Stewart. Mr. Adams briefly reviewed some of the points of the proposed ordinance, stating it is a legislative intent to insure the games are fairly conducted and closely monitored. He said the language of the ordinance would be strictly construed and enforced, with permitting requirements and disclosures. Mr. Adams stated he has additional information which did not go into the original agenda package and will make certain the commissicners get copies. Mr. Adams reported some charities are paying the bingo operators as much as $21,000 per week for rent plus additional charges for utilities, pest control and security. He said this seems excessive and not fair market value. Mr. Adams reiterated the proposed ordinance would provide insight into these operations and would be closely monitored. Dr. Julia McNabb, CEO of Horizons, said Horizons provides services to more than 400 mentally challenged individuals and employs 165 people. Dr. McNabb stated she is speaking on behalf of ten charities who rely on bingo to supplement their programs. She said they began noticing in the 1999-2000 timeframe their revenues were dropping significantly, saying they used to get $80,000 per year from this source but last year the revenue dropped to $20,000. (Mr. Goodwin arrived at this time—6:15 p.m.) Continuing, Dr. McNabb advised they did not take it sitting down and tried to find out how to mitigate their losses. It was her contention many of the current practices violate the State Statutes. In working with Mr. Adams, Dr. McNabb stated the draft ordinance not only preserves the intent of the statutes but regulates the charities as well. She told the Board that some charities only receive $50 per week in revenue while the March 3, 2015 -2- Minute Book 72, Page 182 Okaloosa County Board of County Commissioners bingo operator gets $2,000. Dr. McNabb said this does not seem to be fair market value. Mr. Adams said from his perspective he thinks the bingo hall operators have a vested interest in establishing a level playing field. He explained the ordinance is not just to benefit the charities but provide fair competition for bingo hall operators. Mr. Stewart stated bingo 1is regulated under Section 849.0931, Florida Statutes. He said it does contain a criminal penalty for violations which is a first degree misdemeanor. Mr. Stewart detailed a portion of the statute regarding how the games are to be provided. He said the intent is for it to be a charity- driven game and to benefit the charity. Mr. Stewart stated all net profits of the bingo games are to go to the charity less actual business expenses. He pointed out the draft ordinance seeks to address “actual business expenses.” Mr. Stewart stated staff should be directed to finalize the ordinance and bring it back for consideration in a public hearing. Upon inquiry by Mr. Harris, Mr. Adams stated undertaking an investigation given the way the State Statutes are written would be laborious. He =said to gain insight would involve an undercover operation. Mr. Harris stated he would like to hear from the opposition, hear from both sides. Mr. Boyles said that 1s a good idea. staff could be directed to return with an ordinance and advertise for public hearing where both sides could speak. Mr. Goodwin agreed that hearing other points of view is a good idea. He said the Sheriff’'s Office has a good point of concern by bringing this to the Board. Continuing, Mr. Goodwin stated there are probably some good operators and some bad ones. He suggested putting together a task force with representatives of the cities, Sheriff’'s Office, county staff and interested groups. Mr. Goodwin stated he is interested in getting a good solid ordinance and expressed concern about too much oversight. Mr. Adams responded by saying the Sheriff‘s Office is not in a position to tell the Board how to do this. He repeated he understands this is the beginning of a process, pointing out the Sheriff’'s Office has been working on this for three vyears and really does not want to wait another three years. Mr. Goodwin said he is not advocating a delay but wants to get input from various stakeholders. Mr. Adams replied the draft ordinance was March 3, 2015 -3- Minute Book 72, Page 183 Okaloosa County Board of County Commissioners distributed to everyone who might have an interest and noted they could speak during a public hearing. Mr. Goodwin suggested forming an advisory group to review the proposed ordinance before scheduling a public hearing. Mr. Harris said he 1likes the idea of a task force headed by the Sheriff’'s Office, saying an advisory group 1is subject to Sunshine Law requirements. Mr. Windes said he does not want to go another three years with citizens committees and advisory group. He stated the charities should be treated fairly and the ordinance should be clear and concise to spell out who is doing what. Mrs. Ketchel remarked this is voluntary involvement between the charities and the bingo hall owners. She said bingo is allowed by the State and believes the Sheriff’s Office is going to the wrong body and should be going back to the State. Upon inguiry by Mrs. Ketchel, Mr. Stewart said there are five or six counties which have bingo ordinances. Mr. Adams stated they anticipated legislation to address bingo, gambling, and gaming for the past few years but that has not happened and they do not expect it to be addressed by the Legislature this year. Mrs. Ketchel wanted to know how many additional officers will be needed to enforce the proposed ordinance. Mr. Adams answered it will be much easier to verify proper operations than an undercover operation. Mr. Boyles stated this is a very good reason to ask this body for the 1legislation. He said, however, some bad laws are adopted for good reasons and he hesitates for the county to regulate the market between two individual entities. Mr. Boyles stated he will 1listen and 1look at alternatives of proposed legislation that does not have a heavy footprint. Mr. Windes made motion, seconded by Mr. Harris, to proceed with the draft ordinance, to simplify it to make it work, and to schedule a public hearing. Mr. Goodwin asked if he could propose a friendly amendment—change from a public hearing to a workshop. Mr. Windes said he will accept if it will get the job done. Mr. Harris confirmed his second. Mr. Boyles restated the action is to schedule a workshop to discuss a bingo ordinance. Upon inquiry by Mr. Boyles, the commissioners gave consensus to March 3, 2015 -4 - Minute Book 72, Page 184 Okaloosa County Board of County Commissioners schedule this workshop in conjunction with a regular commission meeting. 5 yeas. OLD BUSINESS - TAX COLLECTOR'S PENDING BUILDING ACQUISITION Mr. Ben Anderson, Tax Collector, remarked that it has been an interesting two weeks and expressed difficulty in understanding the rules of each individual group, of understanding Constitutional positions and responsibilities. He said there has been communication failure, saying he has been weak about providing more communication and clarity in the process of purchasing a building for a branch office in Niceville. Mr. Anderson spoke about a bump in jurisdictions. He said at Mr. Boyles’ reqguest the purchase has been delayed. Board Counsel Greg Stewart and Tax Collector counsel have met to discuss order, process and procedures of the purchase in an effort to move forward with better communication and providing transparency. Mr. Anderson stated he and Mr. Boyles agree the county should move from the rental business to the ownership business. He said the long-term benefit is to save money for the citizens. Mr. Anderson stated he 1s seeking an opportunity to conduct business at the new location in Niceville, as well as the new Shalimar Administration Building. He said he will do a better job of communication and working through the process on behalf of all our citizens. Mr. Boyles stated Mr. Stewart has prepared a resolution which did not make it into the agenda package, to specifically provide authorization for the Tax Collector to operate a branch office at 701 John Sims Parkway in Niceville. He said the property in Shalimar (site of new Administration Building) has been under county ownership for many years and a determination on the need for a similar resolution for that location will be forthcoming. Mr. Harris stated he appreciates that Mr. Anderson and Mr. Boyles were able to work out the difference of opinions. He then wmade motion, seconded by Mrs. Ketchel, to adopt the resolution authorizing the establishment of a branch office for the conducting of county business, including the provision of Tax Collector services in Niceville at 701 John Sims Parkway. Mr. Windes said he appreciates Mr. Anderson’'s comments but they were not as complete as he would like but they will suffice. He added that he believes mistakes were made on both sides. Mrs. March 3, 2015 -5- Minute Book 72, Page 185 Okaloosa County Board of County Commissioners Ketchel valued the spirit of cooperation and expressed concern about airing differences in the newspaper. She was hopeful we can move forward without reaching crescendo. Mr. Boyles stated there are two important elements of government: separation of powers and checks and balances. He added our independence is not supreme. 5 yeas. RESOLUTION NO. 15-52 CONSENT AGENDA Mr. Boyles stated Item #21 regarding an amended easement for the southerly right-of-way of Airman’s Memorial Road 1is being removed by the department (Public Works). He also stated Items #18 and #26 will be removed from consent for clarification. Mr. Harris made motion, second by Mr. Goodwin, to approve all items except #21, #18, and #26. 1. Airports: Final payment to Reynolds, Smith & Hill Inc. (RS&H) in the amount of $5,729 (Invoice #2010940009-6) on Contract #09-1737-AP 2. BCC Records: