Okaloosa County BOCC — May 17, 2016 — April 5, 2016 Regular Meeting — reading text

LOCASH ' s contract was put on the agenda unsigned , anticipating the signed contract would be available for this meeting . He stated the contract arrived last night , but contained mistakes and asked to pull the item until a clean contract is available . He added that an agreement was received from LOCASH this morning , stating they would not pull out and are okay with delaying Board approval until April 19 , 2016 . April 5 , 2016 -15- Minute Book 74 Page 186 Okaloosa County Board of County Commissioners Mr . Stewart agreed with Mr . Boyles that all three Tourist Development Department items referencing LOCASH could be compressed into a single item when presented . TOURIST DEVELOPMENT REQUEST TO ISSUE $7 , 500 DEPOSIT TO CREATIVE ARTISTS AGENCY LLC . ON OR BEFORE APRIL 12 , 2016 FOR LOCASH CONCERT TO BE HELD MAY 12 , 2016 Removed from consideration . TOURIST DEVELOPMENT REQUEST TO ISSUE 7 . 500 BALANCE DUE TO LOCASH COWBOYS TOURING INC . ON MAY 12 , 2016 FOR LOCASH CONCERT TO BE HELD MAY 12 , 2016 Removed from consideration . PUBLIC WORKS - REQUEST TASK ORDER 1 TO ASPHALT PAVING SYSTEMS UNDER CONTRACT C16-2369-PW FOR WORK NOT TO EXCEED $174 , 111 . 11 AND OVERLAY/COAL-MIX ROAD PRESERVATION LIST Mr . Jason Autrey , Public Works Director , stated the cold-mix road preservation list only reflects roads in Districts 1 and 3 because they are the only districts containing cold-mix roads . He said we have an item with Asphalt Paving Systems , Inc . on the Consent Agenda which was approved and this is the first Task Order in the amount of $174 , 111.11 to perform the work listed . Motion was made by Mr . Boyles , seconded by Mr . Harris , for approval of Task Order 1 for Cl6-2369-PW, along with the associated road list and to move forward with scheduling and performing the work. 5 yeas . PUBLIC WORKS - REQUEST TASK ORDER 1 FOR ASPHALT PAVING SYSTEMS C16-2368-PW FOR THE WORK TO BE PERFORMED TOTALING NOT MORE THAN $323 , 100 . 38 AND APPROVAL OF ROAD RESURFACING LIST Mr . Jason Autrey , Public Works Director , said this is Task Order 1 for road treatment which contains all the micro-surf acing options which are in Districts 2 , 4 , and 5 . He stated micro- surfing is a significant cost savings option compared to a traditional overlay , in addition to extending the life quality of the road . Mrs. Ketchel made motion , seconded by Mr . Boyles , for approval of Task Order 1 to Asphalt Paving Systems , Inc. under contract C16-2368-PW in the amount not-to-exceed $323 , 100 . 38 along with the associated road list , and to move forward with scheduling and performing the work. 5 yeas . April 5 , 2 016 -16- Minute Book 74 Page 187 Okaloosa County Board of County Commissioners PUBLIC WORKS - REQUEST TO ACCEPT AND RECORD WARRANTY DEED FOR A SEGMENT OF STEELE ROAD TO ACCOMMODATE THE FUTURE IMPROVEMENTS NECESSARY FOR STEELE ROAD Mr. Jason Autrey, Public Works Director , stated this request is for acceptance of a deed for Steele Road . He said in the year 2019 Florida Department of Transportation (FOOT) is going to replace the bridge on Steele Road from a timber structure to a concrete structure . He said the County is going to pave the section east of the bridge which is currently dirt but needs right-of-way . He said Mr . William R. Locke , land owner, has agreed to grant the Board right-of-way in exchange for the installation of a driveway culvert . Mr. Boyles made motion , seconded by Mr . Harris, for acceptance and recording of right- of-way deed for this portion of Steele Road . 5 yeas . PUBLIC WORKS - REQUEST ADVERTISEMENT FOR SOLID WASTE SERVICES Mr . Jason Autrey, Public Works Director , said this request is for authorization to solicit a Request for Proposals (RFP) for a Solid Waste contract to collect residential trash , residential recycling and operate the transfer station and dispose of those materials appropriately . He said the current contract with Waste Management (WM) has been in place for approximately 29 years and staff is requesting approval to advertise the proposal to see what markets are in the area . He said the current contract with WM will expire on September 30 , 2016 . He said this request is to authorize advertisement of the 2016 Solid Waste Procurement for Solid Waste Services and approve the review committee. Mr . Boyles said he has not been pleased with the way this process has developed over the past several years and doesn ' t feel it is ready for advertisement, saying it doesn ' t address any of the concerns mentioned earlier as well as many other issues . He said an additional six-month contract extension with WM would allow staff adequate time to vet the RFP. Mr . Ronnie Bell , Waste Management , said he felt entering into an additional six-month extension would be acceptable by WM and he will provide Mr . Hofstad with a letter stating such as early as tomorrow. Mr . Boyles made motion, seconded by Mr . Harris , to seek a second contract extension with Waste Management for a six-month period to allow staff adequate time to fully vet the RFP prior to advertisement . April 5, 2016 -17- Minute Book 74 Page 188 Okaloosa County Board of County Commissioners Mrs . Ketchel said if we are going to increase the cost of services and decrease services to 1-1-1 , we need to ensure there is not a better deal available . Mr . Goodwin said he appreciates WM and the expression of the six-month extension , but feels we have some real problems regarding services as it relates to the contract and feels the document is flawed. He said he hopes there is a willingness to make minor changes in the extension with regards to bulk pick up , removal of the call-in system , add in de minimis comingling and delete the word " bundling " from yard waste . Mr . Bell said he thinks there is willingness from WM to work with County staff to review some of issues . Mr . Stewart said the Board would go with the current motion , extend for a six-month period , and direct staff to bring back a revised RFP and then address a motion reaching out to WM to incorporate additional changes . After discussion , Mr . Boyles made motion , seconded by Harris , to enter into a six-month extension of the existing contract . 5 yeas . Mr . Boyles said we would be shifting the burden to the population as a whole , which means everyone who owns a home and doesn ' t have an entire household turnover every twelve months produces a much lower volume of bulk waste . He said what ' s being asked of them is for our contract to account for that additional waste so people that own those homes can profit from them as a rental business and not have to suffer the cost of the disposal of an entire household for twelve months . Mr . Boyles said once you open that door to pick up at any place , any time , you can expect to find anything , at any time and place , and it will include bundling and de minimis comingling . Mr . Harris said we can ' t expect any waste company to do things that are not a part of the contract and there has to be an amount of personal responsibility. Mr . Windes echoed the previous comments . Mr . Goodwin shared a slightly different perspective. Mr . Goodwin made motion , seconded by Mr . Boyles , to have staff engage in discussion to negotiate a resolution for issues of concern. Mr . Boyles suggested doing away with bulk pickup or impose penalties for violations . April 5 , 2016 - 18- Minute Book 74 Page 18 9 Okaloosa County Board of County Commissioners Mr . Harris concurred with Mr . Boyles . Mrs . Ketchel thanked Waste Management and said we have to find a way to middle ground . 5 yeas. TERMINATION OF SOLID WASTE CONSULTING SERVICE WITH KESSLER CONSULTING , INC . Mr . Boyles expressed his frustration with the current consultant and the guidance provided . He stated he previously had discussions with the consultant , who represents both Okaloosa County and ECUA (company attempting to standup the recycling facility) . He stated after reviewing the RFP he was fr u strated that it said Okaloosa County would absorb all risks associated with recycling . Mr . Boyles made motion , seconded by Mr . Harris , that the contract with the existing consultant , Kessler Consulting , be immediately terminated . Mr. Harris echoed Mr . Boyle ' s frustration with the consultant . Mr . Boyles stated his termination is for cause and we will presume there is a provision in that contract that will allow the Board to terminate with cause . Mrs . Ketchel inquired if there is another option for recycling . Mr . Autrey said an option can be added into the RFP and said the problem with recycling is there is no facility close by and they have a limit on what they are allowed to accept . He stated he has discussed an interlocal agreement which has been shared with legal staff for review . Mr . Autrey further stated recycling adds value to Okaloosa County and it can be added to t h e RFP as an option. He said the problem with recycling is it fluctuates with the economy and the closest provider is just outside Atlanta which is a long way to haul recyclable material . Mr . Autrey said recycling is something we like , but cost is the issue . He further stated " not one lick of conversation has to do with the green earth! " Mr . Windes asked Mr . Autrey if the motion should pass , how long is the process , what would it take , what about the list and how do we get some help? Mr . Autrey said Kessler is the only consultant he feels comfortable with . He said he doesn ' t know how long . April 5 , 2016 -19- Minute Book 74 Page 190 Okaloosa County Board of County Commissioners Mr . Goodwin stated he is not opposed to terminating the relationship with the existing consultant , but the RFP is contrary to everything . He said because this i tern was not on the agenda , he . didn ' t read the contract . He further stated his preference would be to review the contract to determine correct termination procedures as he is concerned about taking action that may be a breach on behalf of the Board , which may be viewed and litigated and as such he prefers legal advice first . Mr . Stewart said he has had an opportunity to review the termination provision of the contract and it requires thirty days written notice whether with or without cause . Mr . Stewart ' s recommendation is for the Board to direct him to proceed with termination procedures . Mr . Autrey confirmed the consultant charges on an hourly basis and Mr. Stewart said by sending notice and stopping usage of his services the clock stops . Mr . Boyles amended his motion , seconded by Mr . Harris , to immediately terminate Mr . Kessler under the contract which means giving him notice today that we are exercising the contracts thirty-day termination clause . Mr. Windes said he would have pref erred this being an agenda i tern but will support the i tern because the public outcry has been sufficient . He said he attributes some to the consultant , but appreciates Mr . Autrey ' s honesty and being forth right with his part in it. 5 yeas . NEW BUSINESS - COUNTY ADMINISTRATOR - REQUEST STAFF TO REVIEW AND BRING BACK TO THE BOARD VARIOUS ECONOMIC DEVELOPMENT INCENTIVES THAT WOULD ASSIST WITH THE COUNTY ' S OTHER ONGOING INCENTIVE PROGRAMS Mr . John Hofstad , County Administrator , said an inquiry was received about possible incentive packages we could offer to entice new businesses into Okaloosa County ' s unincorporated areas . The Board has been reluctant in offering incentives such as fee waivers (tap and expansion) due to restrictive bonds associated with them , but said there is some flexibility to reduce some of these fees . Mr. Goodwin said the request came from the Economic