Okaloosa County BOCC — November 4, 2012 — Minutes — reading text

in the NAICS by the U.S. Census Bureau. The NAICS is the more comprehensive and authoritative list of officially recognized businesses in the county and it is updated every five years as part of the Economic Census. The most recent update is for 2012. As a result, staff took this opportunity to re-evaluate NAICS codes in relation to those currently listed in Chapter 2. The proposed changes are: o references to NAICS 2002 have been changed to NAICS 2012 oOo Section 2.08.00 Business Office (C-1) district has been changed: Code 54, add “except 541940 Veterinary Services with outside kennels or outside boarding of animals;” Code 5611 through 5615 Administrative Support Services, delete Code 5616 Investigative and Security Services including armored cars and security services; Code 6211 through 6213 Health Care and Social Assistance, delete Codes 6214 through 6216 including outpatient care centers, medical labs, and home health care services; Delete Code 928110 National Security including military bases and training camps o Section 2.10.00 General Commercial (C-3) district: Add Code 23 Construction; Code 48-49 Transportation, add warehousing, Air Transportation add 4831 Deep Sea, coastal and Great Lakes Water Transportation, add 4881 Support activities for Air Transportation, add 4882 Support activities for rail transportation, add 4883 November 6, 2012 -9- Minute Book 68, Page 38 Okaloosa County Board of County Commissioners Support activities for water transportation, and add 4879990 scenic and sightseeing, other. Code 53, add “except 532411 commercial air, rail and water transportation equipment rental and leasing.” Code 56, add “and Waste Management and Remediation services except 5622 Waste Treatment and Disposal.” Code 71, add “except 7132 gambling industries (any gaming and gambling prohibited by law) and 713990 (nudist camps and outdoor shooting activities involving firearms such as firing ranges, trap shoot skeet shoot only). Code 92, add “except 922140 Correctional institutions (state or federal). Oo 2.10.7 Performance Criteria: 1(b) Noise, delete “not exceed 55 dbA outside any enclosed structure or building” and add “be as specified in Sections 9.01.00 and 9.02.00 Oo Section 2.12.00 Industrial (I-1): Delete 2(a), 2(b), and 2(c); Delete Codes 5611, 5612 Administrative and facilities support services and add Code 6115 Technical and Trade Schools, add Code 8113 Commercial and Industrial Machinery and Equipment Repair and Maintenance, add Code 92 Public Administration, add to 11 “and only when used to provide workforce housing accessory to or in conjunction with a permitted industrial use.” o Section 2.13.00 Airport Industrial Park (I-2): add 12 Aerial scenic and sightseeing such as cable cars, gliders, helicopter rides and hot air balloon rides. No public comment or opposition was received prior to submission for the agenda and the Planning Commission voted unanimously at its October 11, 2012 meeting to recommend approval of these changes. Mr. Harris referred to the change in permits and said he realizes we have no choice but that provision could cost the applicant a lot of money. Upon inguiry by Mr. Amunds, Mr. Kampert stated the Building Industry Association (BIA) shared the same concern. Mr. Parisot asked how the change involving veterinarian services will affect the Emerald Coast Wildlife Refuge. Mr. Kampert replied it will not affect them. Mr. Dowd explained the Restrictive Covenants of Okaloosa Island cover that facility. Mr. David Powell, attorney with Ward & Ketchersid, representing Timberview Helicopter and Destin Helicopter, stated this is a very emotional item for his clients. He said they began their November 6, 2012 -10- Minute Book 68, Page 39 Okaloosa County Board of County Commissioners Operations out of Destin Commons and had no problems until a new Sightseeing company sought approval to begin operations. Mr. Powell stated lobbying by residents and Destin city officials followed to shut down their operation and move it to Destin Alrport. He pointed out the county issued a moratorium on these type businesses. However, the competing operation was given authorization to file for a development order which was granted. Mr. Powell said the other company is now grandfathered in and the proposed changes to the LDC will not affect them but his clients will be forced out of business because they will not be able to operate from the airport. He stated it is not government’s purpose to pick winners and losers. Mr. Powell encouraged the Board to look at other ways of controlling this type operation rather than prohibiting them. Alternately, Mr. Powell suggested his clients be allowed to file for a development order because they were not given an opportunity to do so prior to the execution of the moratorium. Mr. Amunds asked Mr. Powell to list his concerns ina brief in order for staff to review them. Mr. Harris noted there will be no decision tonight but he is inclined to agree Mr. Powell’s clients should also be grandfathered in. Mr. Parisot advised there were complaints about the helicopter operation at Destin Commons before the competitor sought a development order. PUBLIC HEARING ~- AMENDING CHAPTER 9 OF LAND DEVELOPMENT CODE, ABANDONED VEHICLES, BOATS AND/OR TRAILERS (6:30 P.M.) Mr. Stanford read the advertised legal notice for public hearing to consider changes to the LDC as submitted by the Growth Management Department. These changes are to revise Chapter 9 Operational Performance Standards regarding the definition of an abandoned vehicle, boat or trailer. This is the first of two hearings on this subject. The second hearing is set for November 20, 2012 at 9:00 a.m. in Fort Walton Beach. Mr. Kampert provided the following background and staff commentary: e Under the definition of an abandoned vehicle provided in Section 9.03.01.1, vehicles on car dealer lots, repair yards and other accepted and otherwise legal areas, would be considered abandoned. The proposed change corrects this oversight by recognizing various uses at which unlicensed vehicles may be kept. November 6, 2012 -11- Minute Book 68, Page 40 Okaloosa County Board of County Commissioners e Section 9.03.12.2 does not allow the common practice of leaving vehicles with relatives or friends while away (e.g. Service men and women leaving vehicles with relatives while deployed or students leaving a car with parents while at school) unless the vehicle has a current tag or in a garage Or carport if not being used. Also, a vehicle without a current tag cannot be kept behind an opaque privacy fence even if it is in perfect running order. The amendment clarifies the conditions under which vehicles without tags may be kept on properties without creating a nuisance. e As the subject matter deals with storage of vehicles and does not provide standards for the development of property, it is not clear why it was included in the LDC. The subject matter would be more appropriately located under “Traffic and Motor Vehicles.” Staff recommended including the subject in a new Article III of Chapter 21 of the “County Code.” It would follow Article II on stopping, standing and parking. e Inclusion of abandoned vehicles within the LDC has created confusion as to enforcement authority. Under the proposed new article, the responsibility would clearly rest with the Sheriff’s office. No one from the public came forward to speak. Mr. Kampert requested the Board approve the proposed change of language regarding enforcement responsibilities. Mr. Harris made motion, seconded by Mr. Parisot, to approve the department head’s request. 5 yeas. AIRPORTS - RESOLUTION SUPPORTING LOAN REFINANCING FOR VARIOUS AIRPORT CAPITAL PROJECTS Mr. Jon Morris, Airports, requested the Board approve a resolution authorizing participation in the Commercial Paper Loan Program of the Florida Local Government Finance Commission to refinance an existing $2 Million loan. These funds are used to provide necessary matches to FAA and FDOT grants for new Capital projects. Upon inquiry, Mr. Morris stated the refinance will provide a lower interest rate. The interest rate will be variable. Mr. Parisot expressed concern because the financial document has many blanks and asked if those numbers will be supplied before the Chairman is asked to sign it. He said when the document is presented to the Board those blanks should be filled in. Mr. November 6, 2012 -12- Minute Book 68, Page 41 Okaloosa County Board of County Commissioners Morris said they will know the initial rate but that could change. He advised the Airports Department just received the financial documents and they will be reviewed again. Mr. Morris anticipated having the final execution copy by November 16. Closing of the loan is anticipated on December 4. He said the request is only for approval of the resolution. Mr. Amunds asked if they will have numbers 48 hours before closing. Mr. Bill Case answered we should know at closing the initial rate and it will be adjusted monthly. Upon inquiry by Mr. Curry, Mr. Case explained the Local Government Finance Commission offers funds that are similar to capital markets. He said the county has used this program for Airports purposes on a number of occasions. Mr. Case stated this is interim funding until long-term bonds become available. He reiterated this is a short-term loan and there is no prepayment penalty. Mr. Stanford stated this is the same commercial paper loan program we used for the beach restoration program in Walton County. He agreed with Mr. Case that the loan can be paid at any time with no penalty. Upon inguiry by Mr. Windes regarding a ceiling on the rate, Mr. Case replied there is a ceiling and it is based on prime. Mr. Roberts made motion, seconded by Mr. Parisot, to adopt the resolution. 5 yeas. RESOLUTION NO. 12-166 PURCHASING - APPROVAL OF UNIFORM SERVICE CONTRACT WITH ARAMARK Mr. Richard Brannon, Purchasing Director, requested approval of a uniform service contract with Aramark Uniform Services of Lynn Haven, Florida. Aramark submitted the lowest responsive quote on September 28, 2012. Mr. Brannon also requested an extension of the current contract with Unifirst through the end of November 2012 to allow for the transition to Aramark. Mr. Roberts made motion, seconded by Mr. Parisot, to approve the department head"s requests. 5 yeas. November 6, 2012 -13- Minute Book 68, Page 42 Okaloosa County Board of County Commissioners FACILITIES MAINTENANCE - FORMATION OF SHALIMAR ANNEX RENOVATION PROJECT TASK FORCE/ADVISORY COMMITTEE Mr. Don Turner, Facilities Maintenance Director, requested authorization to form a stakeholder steering committee called the Shalimar Annex Renovation Project Task Force. Mr. Amunds said if each Constitutional Officer appoints an alternate, is there a potential for problems with the Sunshine Law. Mr. Dowd replied only one from each Constitutional Office is eligible to sit on that committee at a time. Once those individuals are appointed to the committee they cannot discuss the issues with any other Constitutional Officer. Mr. Dowd said he did not see a problem with the primary and his designee discussing issues. Mr. Amunds asked about the voting process. Mr. Curry said the committee will make recommendations. Mr. Parisot said it is an advisory committee. Mr. Amunds said the committee should be called an advisory committee rather than a task force. Mr. Harris said once the task goes away there is no longer any need for a task force. Mr. Harris made motion, seconded by Mr. Roberts, to approve the committee. 5 yeas. FLEET - AGREEMENT WITH STATE OF FLORIDA AND WRIGHT EXPRESS, FLORIDA FLEET FUEL CARD PROGRAM Mr. John Vaughn, Fleet Maintenance Director, requested authorization to “piggyback” on the State of Florida’s fuel card agreement with Wright Express. The cost to the county will be the same as that paid by the State of Florida. He advised the reason for this