Okaloosa County BOCC — January 7, 2014 — Minutes — reading text

that the proposed regulation would solve it, if there were such a problem. The Planning Commission voted unanimously against the adoption of this regulation and against any further action other than to monitor the situation to determine if a problem arises. Mr. Kampert referred to the map with the proposed aircraft restricted zone, saying they wanted a readily defined area so people would know if they were in it or not. He said they attempted to address issues on the safety of aircraft in the area which already has many recreational activities. Mr. Erik Dorsenbal of Santa Barbara, California, stated he is beginning a business in Asia and came here to purchase aircraft from Michael Percy. He expressed his surprise about’ the proposal to restrict aircraft operation in the area. Mr. Dorsenbal said this will impact Mr. Percy’s business a great deal. He also stated that he is considering taking some of Mr. Percy’s aircraft to Europe. Mr. Michael Percy stated he is a local pilot and business owner from Fort Walton Beach. He manufactures and sells amphibious aircraft. Mr. Percy said during test drives and flight training, they land at Destin to rest, refuel and eat. Because of the large no wake zone surrounding the Destin Bridge and Crab Island, they land outside the wake zone and take a long, slow taxi to the shore or harbor. Mr. Percy stated the proposed restricted area will extend into the Gulf which will create unnecessarily long taxis or could prevent Destin operations November 5, 2013 -6- Minute Book 70, Page 118 Okaloosa County Board of County Commissioners entirely. He said seaplane landings in the Gulf are rarely safe and landing in the middle of the bay is often bad as well. Mr. Percy expressed his surprise regarding the range of business people being targeted (i.e. helicopter operators, parasail operators, flyboarding sports). He referred to the 2012 Boating Report and questioned the justification being used. Mr. Percy Said most of those accidents were jet skis colliding with other jet skis. He stated that of the 31 reported accidents, only six occurred within the proposed restricted area and none of those had anything to do with seaplanes, hang gliders, helicopters, jet packs, glider excursions or hot air balloons. Mr. Percy continued, voicing his amazement at the county's tenacious opposition to Timberview Helicopters at any of the locations from which he has operated. He said he is one of the citizens and businesses being affected by the county’s fight against the helicopter operation. Mr. Percy asked for a cease fire and truce so everyone can stop wasting time trying to regulate at the county level what is already regulated at the state and federal levels. Mr. Dean Lee, Santa Rosa Beach, stated he pilots a light sport float plane. He said he cannot handle swales and traffic and tries to operate defensively in the no wake zone. Mr. Lee stated the additional restrictions will affect light sport float planes. It was his contention that the aircraft are not the problem. Mr. Claude Perry, Harbor Boulevard in Destin, stated he owns property directly across from the helicopter barge and that is what he is concerned with. He said he is not certain he understands the impact of the proposed ordinance but the noise from the helicopter is horrendous. Mr. Perry felt the noise was destroying property values on the harbor. Mr. Justin Johnson stated he is the one under attack because of his helicopter business. He pointed out that he operated out of Destin Commons but “they did not want us there.” Mr. Johnson said the whole idea of having a barge in the harbor was so there would be no flying over homes and businesses. He advised that he asked county staff about jurisdiction over water and was told the county did not have that jurisdiction. As a result, Mr. Johnson stated he invested in a barge, had it inspected by the Coast Guard, and said the Corps of Engineers were on board with it. November 5, 2013 -7- Minute Book 70, Page 119 Okaloosa County Board of County Commissioners Mr. Johnson detailed the maneuverability of the helicopter, as well as the regulations and qualifications associated with helicopter pilots. He emphasized they are not on the water and not involved with boats or seaplanes. Mr. Johnson said he wants to work with everyone but has never received a telephone call from anyone asking him to consider another location. He commented this is their fourth season but he does not feel they are welcome here. Mr. Johnson added that while he has been in business in Destin, they have performed five search and rescues at no cost. Mr. Johnson said the jet packs and parasail businesses are being drawn in so it will not be a civil rights issue just against helicopters. He stated they do not operate in the middle of Crab Island but closer to the Coast Guard Station. Continuing, he reported that he has been ramp checked and audited six times in the last two years and he feels the ramp checks are politically motivated. Mr. Johnson said location is a key element in his business. He recommended the rules currently on the books be enforced rather than more being made. Mr. Chris Sullivan, Highway 98, stated he is counsel for Mr. Percy’s business. He noted that he appeared in July when the first cut of the ordinance was presented for consideration and voiced his concerns about that draft. Mr. Sullivan stated the second cut of the proposed ordinance also presents concerns. He said Mr. Percy does not take people out for rides and charge them $20 for a plane ride. Mr. Sullivan questioned the definitions portion of the ordinance regarding aircraft, saying a jet pack is not a plane but a vessel. He also did not think anyone could hang glide at this location. Mr. Sullivan suggested the safety issues appear to involve jet skis and small water craft. He felt the legislation to be too broad and that it should fail as proposed. Mr. Shannon Hill, owner of a jet pack business, also expressed concern about the definitions in the ordinance. He stated that jet packs are water craft vessels and are not regulated by the FAA. Mr. Hill said he does not agree with the ordinance. Ms. Misty Hurley, Jet Pack Destin, stated a jet pack is powered by water, stressing it is a boat and not an aircraft. She said the ratio of instructors to students is 3 to l. It was Ms. Hurley’s opinion this issue is about Justin Johnson and operation of his helicopter at the harbor. She felt other businesses were being included in this restriction so it does November 5, 2013 -8- Minute Book 70, Page 120 Okaloosa County Board of County Commissioners not appear Mr. Johnson and Timberview are being singled out. Ms. Hurley stated these hearings have caused undue stress and she considered it a waste of money. She said this has gotten completely out of control. Mr. Roger Bias, Vincent Ray Road in Baker, stated he is an airline transport pilot with more than 18,500 hours of flight time. He said this whole matter is disturbing to him and concluded that someone in Destin does not like helicopters because of the noise. Mr. Bias remarked that some farm equipment makes more noise than this type helicopter. He said there are a number of agencies which already provide regulations for this: FAA, Coast Guard and Fish & Wildlife Commission. Mr. Bias said there is no reason to spend thousands of taxpayer dollars to chase a rabbit down the hole. Mrs. Pauline Bias, Baker, stated they live in a fly-in community and moved here because aviation is here. She pointed to the County flag and the planes on the County emblem. Mrs. Bias stated if a rich guy on a big yacht came into this area, he could drop anchor and take off and land his helicopter on his yacht as much as he wanted to. She stated there are plenty of other noises in the harbor, such as fireworks. Mr. Bias added this man (Justin Johnson) is trying to make an honest living. Mr. Robert Gore, Highway 98, stated he is captain of the largest tour boat in the area. He referred to how much time he spends on the water and stated there have been no incidences of aircraft causing accidents here. He pointed out the federal navigable channel cannot be blocked. Mr. Amunds closed the public comment portion of the hearing and brought the discussion back to the Board. Mr. Harris stated he will wait until the second hearing to make comments. Mr. Boyles thanked everyone who came to speak and assured them he is not pushing any issues. He said he is listening so he can make an informed decision. Mr. Boyles told the audience not to assume the Board has already made a decision. Mr. Harris echoed Mr. Boyles’ words that no decision is being made tonight and he doesn’t think anyone is pushing an agenda. November 5, 2013 -9- Minute Book 70, Page 121 Okaloosa County Board of County Commissioners Mr. Kampert stressed this draft ordinance is not a boating safety regulation but regulations for aircraft. PUBLIC HEARING - RESOLUTION APPROVING ISSUANCE OF ATRPORT REVENUE REFUNDING BONDS, SERIES 2013 Mr. Stanford read the advertised legal notice for public hearing to consider adoption of a resolution providing for approval of the issuance by the County of not exceeding $15,000,000 of the Okaloosa County, Florida Revenue Refunding Bonds, Series 2013. Mr. Sunil Harman, Airports Director, stated this public hearing is being conducted in compliance with the Internal Revenue Code of 1986 (also known as a TEFRA hearing) in order to receive comments for or against the issuance of the Airport Revenue Refunding Bonds. He advised the county’s Series 2003 Bonds, which the proposed Series 2013 Bonds will refund, were issued as “private activity bonds” since they financed improvements to the airport used in part by private parties (generally, the commercial airlines). Mr. Amunds opened the floor for public comment. No one came forward to speak in favor of or in opposition to this request. Mr. Harman noted that a RFP was advertised for a bank loan and will close on November 21. He reported there have only been general inquiries. Mr. Harman said he would like for the Board to consider the issuance of bonds as an alternative if no viable proposals are received. He stated that if a response to the RFP is received which provides savings, he will return to the Board. Mr. Parisot said he thought the resolution was only to state the public hearing was held and not for the issuance of bonds. Mr. Harman referred to the previous meeting and the resolution which was adopted, saying that was to refund the bonds. He said the timeframe is December or January. Mr. Dowd advised the resolution is to approve issuance of the bonds. Mr. Windes made motion, seconded by Mr. Harris, to approve the resolution for issuance of Series 2013 £42Bonds, unless an alternative from the banks surfaces. 4 yeas, 1 nay. (Mr. Parisot voted no.) RESOLUTION NO. 13-164 November 5, 2013 -10- Minute Book 70, Page 122 Okaloosa County Board of County Commissioners CONSENT AGENDA APPROVAL Mr. Amunds referred to Item #22 regarding the purchase of flood insurance for county properties in the flood zone. A list of those properties was provided, Mr. Amunds noting there is a scrivener’s error on the name of one of those properties. James Lee Park is listed at the address of 5999 South Ferdon Boulevard. Mr. Amunds advised the correct name is Bill Duga Park and asked the Clerk to note the correction. Mr. Harris made motion to approve the Consent Agenda. Mr. Parisot stated he would like to pull Item #1 for discussion. 1. Airports: Hangar lease renewal for James Coughlan, Block 6 Lot 4 at the Destin Airport Mr. Sunil Harman, Airports Director, stated Mr. Coughlan has occupied this space for twenty years and he is negotiating with his insurance company. He suggested the lease be approved contingent upon submission of the insurance paperwork naming the county as payee in the event of loss. Mr. Parisot made motion, seconded by Mr. Windes, to