Okaloosa County BOCC — October 2, 2012 — Minutes

October 2, 2012 Regular Meeting The regular Tuesday meeting of the Okaloosa County Board of County Commissioners was called to order at 8:30 a.m. at the Crestview Courthouse. Members present were Don R. Amunds, Chairman; Dave Parisot, Vice Chairman; Wayne Harris; and Bill Roberts. Also present were Gary J. Stanford, Finance Officer, Clerk’s Office; John Dowd, County Attorney; Jim Curry, County Administrator; and members of the press. PRESENTATION – DEPARTMENT OF CORRECTIONS HEALTH CARE ACCREDITATION CERTIFICATE Mr. Curry requested Chief Paul Lawson and the members of his team come forward. He then read a letter from the Director of Accreditation for the National Commission on Correctional Health Care (NCCHC) advising the Okaloosa County Department of Corrections Jail Facility is in compliance with NCCHC standards for health services in jails and will continue to be accredited. Mr. Curry presented the certificate to Chief Lawson. PRESENTATION – EMPLOYEE SERVICE AWARD Mr. Curry stated we have only one employee service award to be presented today and recognized Don Turner for ten years of service. PUBLIC INFORMATION OFFICER UPDATE Mrs. Kathy Newby, Public Information Officer, announced the Viva Florida 500 time capsule has arrived in Okaloosa County. The th Viva Florida 500 event is to commemorate the 500 anniversary of Juan Ponce de Leon’s landing on Florida’s east coast. To encourage activities in every community in each of Florida’s 67 counties, the Florida Department of State has provided a time capsule to every county library in the state. COUNTY ADMINISTRATOR’S UPDATE Mr. Curry stated he has received an email from Lonnie Hawkins, Finance and Accounting Director for the Public Defender’s Office, requesting a budget transfer of $1,500 from their IT Reserves account to cover year end bills. October 2, 2012 -1- Minute Book 68, Page Okaloosa County Board of County Commissioners Mr. Amunds was of the opinion if a department/office is requesting a budget amendment it should have a representative present to answer questions. He does not want anyone to think such requests are automatically approved. Mr. Curry replied this item can be placed on the next agenda and a representative of the Public Defender’s office will be asked to attend. Mr. Harris commented that we have just closed the budget process and now there is a request for more money. He stated they evidently did not budget correctly. VISITOR – HAROLD LAFOUNTAIN, PARKS ADVISORY COMMITTEE Mr. Harold LaFountain, Crestview, stated he is resigning from the Parks Advisory Committee. He said he has served on this committee for five years and feels it has accomplished nothing. Mr. LaFountain said “basically, they sit around and chew the rug.” He said they were not involved in the Okaloosa Island project. Mr. LaFountain noted there has been a big turnover in committee members and some have just stopped coming. He felt the committee should be dissolved. Mr. Harris stated he is the liaison commissioner to this committee and asked Mr. LaFountain if he feels that if someone does not show up for the meetings, then they should not be on the committee. He said Mr. LaFountain has missed seven meetings within the last few months. Continuing, Mr. Harris said there are 10 or 12 primary members, who often do not show up for the meetings, and 9 alternates who sometimes come. He said there is no leadership. He stated he has met with Public Works Director John Hofstad and James Puckett, Parks Division, and the By-Laws for the Parks Committee are being rewritten. Mr. Harris said he believes there is a group of three or four individuals who are significantly involved. Mr. LaFountain responded that he does not waste his gasoline to go to meetings in South County. Mr. Mike WrightReynolds stated in years past he served as Chairman of the committee for three years and stepped away for three years. He concurred there has been no leadership and took exception to Mr. LaFountain’s comments the Parks Committee was not involved in the Okaloosa Island project. Mr. WrightReynolds stated there are some people who want to make this advisory committee viable. Mr. Harris said he wants the Board to receive regular reports from the Parks Advisory Committee. He also requested a copy of the latest revisions to the By-Laws. October 2, 2012 -2- Minute Book 68, Page Okaloosa County Board of County Commissioners Mr. Parisot said he agrees with Mr. LaFountain in some respect, saying the committee has not been effective. Mr. Parisot stated that removal of committee members must be by Board action. Mr. Parisot made motion, seconded by Mr. Harris, to accept Mr. LaFountain’s resignation and to remove Henry Kelly who has a poor attendance record. Mr. Amunds expressed concern about removing someone without speaking with them. Mr. Parisot and Mr. Harris stated they have both spoken with Mr. Kelly. Upon inquiry by Mr. Roberts, Mr. Harris said Mr. Kelly has agreed to come off the committee. 4 yeas. CONSENT AGENDA APPROVAL Mr. Harris requested Item #7 be discussed. #7. Request approval of the disbursement of State Law Enforcement Trust Funds as submitted by the Sheriff’s Office Mr. Harris said he wants clarification from the County Attorney that this disbursement of LETF can be done legally. Mr. Dowd replied that when the Sheriff certifies a request for use of these funds for law enforcement purposes, this Board can accept that certification for that use. He said the statutes allow a broad interpretation of “law enforcement purposes.” Mr. Dowd did point out that normal operating expenses are excluded from use. To clarify, Mr. Dowd said that with regard to Consent Agenda Item #7, the Sheriff has certified the use of the LETF funds as valid law enforcement purposes and he believes it is proper. Mr. Harris stated that if the Board denies the request then those funds would have to come from Reserves. Mr. Dowd concurred, saying the budget for FY 2013 has already been approved. Mr. Parisot said one of his concerns is payment of family health insurance and dental insurance coverage for some Sheriff’s Office personnel. He stated he does not agree with use of taxpayers’ dollars to pay for family coverage. Mr. Amunds pointed out the Board agreed at the Final Budget Hearing to the compromise for use of the LETF monies. He pointed out that once the funds are allocated to the Sheriff Office, the Sheriff has discretion over how they are used and the Board cannot tell him what to do with those funds. Mr. Harris stated he will support October 2, 2012 -3- Minute Book 68, Page Okaloosa County Board of County Commissioners the item but he feels the people need to know how LETF dollars are being used. Mr. Parisot said in FY 2008 it was noted there was a wide difference in benefit programs for the employees of the Tax Collector’s and Sheriff’s Offices as opposed to the BCC and other Constitutional Offices. He stated there was discussion about having all Constitutional Officers get together with the Board and try to come up with a uniform benefit policy but that was never done. Mr. Parisot stated he wants to know who is getting the extra benefits in the Sheriff’s Office. Mr. Harris made motion, seconded by Mr. Parisot, to approve the Consent Agenda, including Item #7. 1. August 21, 2012 Regular Meeting Minutes 2. August 26, 2012 Special Called Meeting Minutes 3. September 4, 2012 Regular Meeting Minutes 4. Purchasing: Recommendation to award bid for road striping services to Gulf Coast Traffic Engineers as lowest responsive bidder 5. Information Systems: Amendment to Verizon Contract #C07- 1535-UR for mobile devices and services (NOTE: This document has not been supplied to BCC Records) 6. Public Works: Final payment to Anderson Columbia Company for C.R. 393 full-depth reclamation project; Estimate #10 for $126,939.57 7. Sheriff: Disbursement of Law Enforcement Trust Funds 8. Authorization for County Administrator to execute contract renewal with Economic Development Council 9. Special Event Permit request from Shalimar United Methodist Church Outreach Team for use of Shalimar Ball Park for Block Party on October 6 10. Resolution authorizing Surety Land Title of Florida to prepare quitclaim deeds for the successful bidders converting their Okaloosa Island leasehold interests to fee simple titles (Stanley W. and Wassiya Hewitt; Philip L. Lofe and Lucky E. Stepp; PGB Partnership, LTD) RESOLUTION NO. 12-134 11. Resolution amending FY 2012 Budget, Emergency Medical Services Enterprise Fund (Florida Department of Health unspent funds and earned interest on EMS county grant) RESOLUTION NO. 12-135 (BA #146) 12. Resolution amending FY 2013 Budget, General Fund (Florida Department of Law Enforcement prevention project grant for children exposed to crime) RESOLUTION NO. 12-136 (BA #1) October 2, 2012 -4- Minute Book 68, Page Okaloosa County Board of County Commissioners 13. Resolution amending FY 2013 Budget, General Fund (Florida Department of Law Enforcement Crime Victims Grant for the Emerald Coast Children’s Advocacy Center mental health program) RESOLUTION NO. 12-137 (BA #2) 14. Resolution amending FY 2013 Budget, General Fund (Florida Department of Law Enforcement Officer Safety Enhancements Grant) RESOLUTION NO. 12-138 (BA #3) 15. Resolution amending FY 2013 Budget, General Fund (Florida Department of Agriculture and Consumer Services State Aid for Mosquito Control/Arthropod Control Grant) RESOLUTION NO. 12-139 (BA #4) 16. Resolution amending FY 2013 Budget, General Fund (Florida Department of Transportation Section 5311 Rural Public Transportation Grant) RESOLUTION NO. 12-140 (BA #5) 17. Growth Management: Amendment to Modification No. 7 to the Neighborhood Stabilization Program Agreement, changing the end date and replacing the term “Department of Community Affairs” with “Department of Economic Opportunity” 18. Report submitted by Commissioner Parisot on the recent Florida Association of Counties Policy Conference 19. Corrections: Second Amendment to Inmate Health Services Agreement with Corizon Health Services 4 yeas. PUBLIC HEARING – RECEIVE COMMENTS ON PROPOSED REDUCTIONS IN FIXED ROUTE SERVICES FOR OKALOOSA COUNTY TRANSIT WAVE (9:00 A.M.) Mr. Stanford read the advertised legal notice for public hearing to receive comments on proposed reductions in the fixed route services for Okaloosa County Transit WAVE. Mr. Elliot Kampert, Growth Management Director, stated the Board’s action to allocate funding for the fixed routes at the Final Budget Hearing has eliminated the need for this public hearing. Mr. Amunds opened the floor for any public comment. No one came forward to speak. Mr. Parisot stated there was commentary during the budget process about increasing fares and asked if a separate hearing October 2, 2012 -5- Minute Book 68, Page Okaloosa County Board of County Commissioners is needed to discuss this issue. He advised that he would like to have a discussion on this subject soon. Mr. Harris stated that he has a meeting with Mr. Kampert and Okaloosa County Transit (OCT) representatives on Thursday. One of the topics they will be discussing is bus fares. Mr. Amunds stated the contact person on this issue should be the liaison commissioner for that department and that commissioner should bring the issue to the Board. PUBLIC SAFETY – AMENDMENT TO PAWS CONTRACT Mr. Dino Villani, Public Safety Director, stated during the budget process the allocation was cut to the Panhandle Animal Welfare Society (PAWS) for animal control services. This cut resulted in PAWS providing full service four days a week (Monday through Thursday) and only emergency services for the remainder of the week (Friday through Sunday). He advised that Dr. Karen Chapman, Director of the Okaloosa County Health Department, has offered to reduce the Health Department budget by $18,640 and requests those funds be directed to the PAWS contract to restore full services. Mr. Villani requested to: (1) approve a budget amendment for the Health Department by reducing that budget by $18,640; (2) apply the $18,640 from the Health Department to the PAWS contract; and (3) approve Amendment No. 1 to the PAWS contract to restore full services with the increased allocation. Mr. Harris made motion, seconded by Mr. Roberts, to approve Mr. Villani’s recommendations as cited above. Mr. Curry noted the Health Department had additional State funds which allowed Dr. Chapman to make this offer. 4 yeas. AIRPORTS – SEPTEMBER 18, 2012 FAA GRANT APPROVAL Mr. Greg Donovan, Airports Director, stated at the September 18 meeting the Board authorized acceptance of a FAA grant for rehabilitation of the north public parking lot at Northwest Florida Regional Airport. The actual document did not arrive until after the meeting. He stated the document arrived on September 20, the Chairman executed it, and it was returned to FAA in a timely fashion. This item was provided for information only. Mr. Parisot made motion, seconded by Harris, to ratify the Chairman’s signature on the document. 4 yeas. October 2, 2012 -6- Minute Book 68, Page Okaloosa County Board of County Commissioners AIRPORTS – RENEWAL OF TRANSPORTATION SECURITY CLEARINGHOUSE SERVICES AGREEMENT Mr. Donovan requested renewal of the agreement with Transportation Security Clearinghouse for processing fingerprints and background investigations for the Airports. Mr. Harris made motion, seconded by Mr. Roberts, to approve renewal of this agreement. 4 yeas. AIRPORTS – UPDATE ON DESTIN AIRPORT Mr. Donovan reported that he met with the Destin City Council last night to provide them with an update on the Destin Airport. The runway at the Destin Airport is vintage 1963. It will be replaced with new paving, new lights, signage and edge lights will be installed. The runway will be closed for seven days for the work sometime in the November to January timeframe. The Airports staff is also working with tenants and FBOs at the facility for this work. Additionally, Mr. Donovan stated he has received a verbal authorization from FAA to move forward with a traffic control tower. Money is to be taken from the trust fund for an environmental assessment. Mr. Donovan anticipates the environmental assessment to take sixteen months to complete. Once that is completed, the next step is design, and then build. TOURIST DEVELOPMENT – TASK ORDER NO. 3 WITH LEWIS COMMUNICATIONS Mr. Daniel O’Bryne, Tourist Development Director, stated he would like to make a correction to the agenda request which states Task Order No. 2 is being submitted for approval. He said a minor task order was approved by the Purchasing Department as Task Order No. 2 and the correct number for this task order with Lewis Communications totaling $60,698.76 should be Task Order No. 3. Mr. O’Bryne noted this will be the final task order from Lewis Communications. Mr. Harris made motion to approve Task Order No. 3 with Lewis Communications. Mr. Parisot said he will second the motion with a stipulation that payment be held until Lewis Communications provides all documentation to close out this contract. Mr. Harris accepted this stipulation. 4 yeas. October 2, 2012 -7- Minute Book 68, Page Okaloosa County Board of County Commissioners TOURIST DEVELOPMENT – TASK ORDER NO. 3 WITH ZIMMERMAN AGENCY Mr. O’Bryne advised a correction is also needed on this item. The agenda request correctly identifies the document as Task Order No. 3 but the document submitted by Zimmerman identifies it as Task Order No. 4. He stated Zimmerman incorrectly numbered the document and this task order should be identified as Task Order No. 3 which is for $51,103.33 and reflects invoices for the months of July and August 2012. Mr. O’Bryne said there will be one more task order from Zimmerman for services for the month of September 2012. Mr. Parisot stated he will move to approve Task Order No. 3 with the stipulation all appropriate documents be presented to the county before a payment is made. Mr. Harris said he will second the motion with an added stipulation that the website issue be resolved prior to payment. Mr. Amunds pointed out there will be one more task order and asked if Mr. Parisot wants to retain the provision of holding payment until all materials are provided for the final task order. Mr. Parisot said he understand there is difficulty in getting all the materials that are due the county and his answer is “no” and go ahead and bring the hammer. Mr. Harris concurred. 4 yeas. TOURIST DEVELOPMENT – RANKING OF ADVERTISING AGENCIES Mr. O’Bryne reported the responses for the advertised Request for Qualifications (RFQs) were reviewed by a Board-appointed evaluation committee. The top three firms were ranked as follows: 1. Peter Mayer Advertising 2. Noise, Inc. 3. EW Bullock Mr. Harris referred to a “Proposer Sheet” distributed to Purchasing Director Richard Brannon. The page listed all responders and the date their proposals were submitted. It also had “Overall Ranking” listing seven firms. Mr. Harris asked for clarification on this document and why the rankings are different than the agenda request. Mr. Brannon replied it was for information purposes only and showed the initial ranking. Mr. Parisot made motion, seconded by Mr. Harris, to approve the rankings as submitted by the department head above and to authorize the Tourist Development Director to begin negotiations with the top-ranked firm. Mr. Harris emphasized that better October 2, 2012 -8- Minute Book 68, Page Okaloosa County Board of County Commissioners communication is needed between the Board and the Tourist Development Council in the future. The vote was taken—4 yeas. TOURIST DEVELOPMENT – SPONSORSHIP FOR OAKLEY FISHING TOURNAMENT Mr. O’Byrne presented for consideration a sponsorship for the 2013 Oakley Fishing Tournament pursuant to Section G.600 of the newly adopted Tourist Development Council (TDC) Operations & Procedures Manual. The TDC received a proposal at its September 26 meeting from Oakley Fishing and voted unanimously to recommend the sponsorship to the Board. Oakley Fishing is establishing a redfish tour for the 2013 season. Destin is a potential stop on the tour. Mr. O’Byrne requested approval of potential host city sponsorship as requested by Oakley Fishing, including the offer of a $10,000 Host City Fee. Mr. Parisot made motion to approve with the stipulation that since the event is being sponsored by Okaloosa County’s Tourist Development then the hotels and lodging accommodations to be advertised by the vendor be in Okaloosa County and not Sandestin. Mr. Harris seconded the motion. Mr. O’Byrne replied that he will include that detail in his letter of intent. Mr. Curry commented there will be a number of requests for sponsorships and he believes the Board must be flexible and urged the commissioners “not to draw a line in the sand.” He pointed out some of the programs have regional impact. Upon inquiry by Mr. Parisot, Mr. O’Byrne stated we pay nothing unless we are selected as the host city. Mr. Harris agreed with Mr. Curry that we must be flexible. 4 yeas. Mr. Amunds reported that in the future we may see Okaloosa TDC and Walton TDC joining to co-sponsor events. He stated “We love partnerships.” Mr. O’Byrne remarked we can obviously do more together and said there is merit in regional marketing. Mr. O’Bryne spoke on the importance of the TDC understanding its role with the Board. He said he wants to make certain residents have a greater understanding and believes that can be done with development of the website. Mr. O’Bryne stated citizens will be able to submit their resumes in advance and held until there is a vacancy on the TDC. He added they will take community input from the get go. October 2, 2012 -9- Minute Book 68, Page Okaloosa County Board of County Commissioners PUBLIC WORKS – APPROVAL FOR 3-WAY STOP AT MONAHAN DRIVE AND MAYFAIR DRIVE Mr. John Hofstad, Public Works Director, stated residents along the Monahan Drive corridor in Fort Walton Beach have requested assistance to improve traffic safety and other traffic related issues along this roadway. He said staff conducted a speed and volume traffic study and found that an additional three-way stop control is warranted at the intersection of Monahan and Mayfair Drive. Mr. Harris made motion, seconded by Mr. Parisot, to approve installation of the three-way stop at Monahan Drive and Mayfair Drive. 4 yeas. PUBLIC WORKS – REQUEST TO MOVE 2012 COLD MIX REHAB FUNDS FROM RESERVES TO LOGT AND MOVE FORWARD WITH AWARDING FY 2013 ROAD PRESERVATION ROAD PROJECTS TO ASPHALT PAVING SYSTEMS Mr. Hofstad requested approval to move road preservations funds for FY 2012 into FY 2013. He said the contract with Asphalt Paving Systems (APS) to perform various types of pavement preservation treatment methods (including Fog Seal, Chip Seal, Chip Seal and Microsurfacing) has been delayed because of the weather. APS will be unavailable to begin work until October 2012. He said because of the unexpected delays with the contractor, the department was unable to expend funds from the FY 2012 resurfacing budget. Mr. Hofstad again asked for these funds to be moved from Reserves back into the Local Option Gas Tax (LOGT) fund. Mr. Roberts made motion to approve this item, as well as the following agenda item: d. Approval to transfer funds from Constitutional Gas Tax striping account to LOGT to perform additional road millings projects Mr. Parisot stated he would like to transfer $20,000 from his district account for the purchase of another 1,000 tons of millings. 4 yeas. PUBLIC WORKS – REQUEST TO WRITE OFF SOLID WASTE UNCOLLECTIBLE ACCOUNTS Mr. Hofstad requested approval to write off uncollectible Accounts Receivable funds and unpaid franchise fees from Trash Can Company II and to include dishonored checks and miscellaneous cash from other solid waste customers. Trash Can Company II provided franchise garbage collection for residents October 2, 2012 -10- Minute Book 68, Page Okaloosa County Board of County Commissioners in the Rocky Bayou area and was unable or unwilling to maintain the level of service provided for in the contract. The county, therefore, went out for bid and ultimately replaced Trash Can Company II. During this time this company failed to pay $18,507.16 in tip fees for the customers they served in Laurel Hill and the surrounding areas. They also failed to pay $37,643.86 in franchise fees as set forth in the contract. Mr. Amunds asked if the county can attach the property of this vendor. Mr. Dowd replied the county could but the owner has already sold all his assets. He further pointed out the company has been dissolved and said he is not certain there is anything to sue for. Mr. Harris made motion, seconded by Mr. Roberts, to approve the department head’s request to write off these accounts. 4 yeas. OLD BUSINESS – AUTHORIZATION FOR ATTORNEY TO FILE MONTHLY CHALLENGES TO DJJ ALLOCATIONS Mr. Curry stated Greg Stewart, special counsel with Nabors Giblin & Nickerson has recommended the Board authorize the filing of monthly challenges to the individual Department of Juvenile Justice (DJJ) allocations in order to preserve its rights to subsequently challenge those amounts once the appeal is concluded. The anticipated cost to file the monthly challenge is $1,000 per challenge. Mr. Parisot made motion, seconded by Mr. Harris, to authorize Nabors Giblin & Nickerson to file the monthly challenges until the appeal is concluded. 4 yeas. OLD BUSINESS – RESOLUTION AND GULF CONSORTIUM INTERLOCAL AGREEMENT Mr. Curry stated the Board has been requested to consider adoption of a resolution approving the form of the Gulf Consortium Interlocal Agreement which admits the county as a member of this consortium. Mr. Parisot stated the county needs to join a 23-county consortium to deal with the two 30% pots of RESTORE Act money. He encouraged all 23 Florida counties to join together to prevent opening a wedge for the State to come in and intervene. Mr. Amunds commented he is hearing that some counties are leaning to the State for political favors. When asked about the status of the eight counties in the Panhandle, Mr. Parisot stated Franklin County has commented they need additional review October 2, 2012 -11- Minute Book 68, Page Okaloosa County Board of County Commissioners of the interlocal and will discuss it with the full Board. He advised the commissioner who has been representing Gulf County will be leaving office in November and that Board will need to appoint a new representative. Mr. Harris made motion, seconded by Mr. Parisot, to adopt the resolution and approve the interlocal agreement. 4 yeas. RESOLUTION NO. 12-141 Mr. Parisot asked about an appointment to the Consortium and stated he would like to stay with the program. Mr. Amunds commented that is okay at this point but after November 2 the Board may need an alternate. Mr. Roberts made motion, seconded by Mr. Harris, to appoint Mr. Parisot as the primary representative on the Consortium. 4 yeas. ADJOURNMENT There being no further business to come before the Board, the meeting was adjourned at 9:46 a.m. _____________________________ _______________________________ DON W. HOWARD DON R. AMUNDS, CHAIRMAN CLERK OF CIRCUIT COURT BOARD OF COUNTY COMMISSIONERS (These minutes were transcribed by Teresa Ward.) **** October 2, 2012 -12- Minute Book 68, Page Okaloosa County Board of County Commissioners