Okaloosa County BOCC — February 4, 2014 — Minutes — reading text

“keep to our covenants.” She also submitted photographs of the subject alley for Board review. Mr. Amunds advised her the county does not enforce restrictive covenants of subdivisions. Mr. Alonzo Campbell, Middle Drive, stated he accesses his back gate through the parking lot. He asked what will happen if the parking lot is full of vehicles or if the petitioner builds a structure on the subject area. Mr. Campbell stated it would be nice if someone would take a dozer and clean .the alley. He asked about previous vacations of rights-of-way, how a decision igs made on what exemptions apply, and the definition of “amenities.” Mr. Hofstad answered that is purely at the discretion of the Board. Mr. Harris said there is no specific answer at this time. Mr. Parisot stated the Board can add December 17, 2013 -i1- Minute Book 70, Page 178 Okaloosa County Board of County Commissioners stipulations to the vacation; for example, no permanent structure allowed. Mr. Amunds commented the Board cannot determine what may be built on the property. Mr. Parisot told Mr. Campbell that when he spoke with him, there would be another public hearing to address uses of the property. Mr. Littrell added no permanent structure can be built on a utility easement. Mr. Siner advised there is an existing modular home on one of the lots and that lease will expire at the end of the year. He said his client intends to develop three single-family homes but has some financial obligations to attend to before selling lots. Mr. Siner reported they will go through the lot-split process. Upon inquiry by Mr. Amunds, Mr. Siner replied they can still build three dwellings without the vacation. Mr. Harris asked what is the need for the vacation and Mr. Siner replied that it is to control access to the property because of problems. Discussion continued. Mr. Siner said there is access to the alley from the other direction but it is not maintained very well. He pointed out there is a 30-foot boat parked in the alley on the other end which blocks access. Mr. Parisot stated if property owners on the North end of the alley petitioned to vacate the other end of the alley, then access would be blocked. Mr. Siner stated it is his understanding the Public Works Director has said the alley does not need to be maintained for public access. Mr. Don Murray stated the smoke and mirrors has been going on for several years. He said if a crowd of residents had not shown up, the commissioners would not have known about some of the issues in their neighborhood. Mr. Murray stated they have been begging to have the alley cleaned up for four years. It was his contention that when they purchased property, they would have the alley for access. Mr. Murray said he does not know what Mr. T (petitioner) plans and he believes being kept in the dark is harmful for the community. Mr. Amunds brought the discussion back to the Board. Mr. Parisot stated he visited the property and spoke with Mr. Campbell. He said they can physically access their property across someone else's private property. Mr. Parisot stated if the private property owner fences his property, the residents will only have access by way of the alley. He said if the property is vacated, the petitioner could put up = “No Trespassing” signs. Mr. Parisot said he will not support the vacation of this alley. He also commented that he will not be December 17, 2013 -12- Minute Book 70, Page 179 Okaloosa County Board of County Commissioners held hostage with the fact the county’s sewer line is on his property. Mr. Harris noted one end of the alley is blocked by vegetation and the only access could be lost if the request for vacation is granted. He asked why the property owners have not taken care of the alley. Mr. Parisot answered they don’t think it is their responsibility. Mr. Harris countered that if they think the property is so valuable, it is logical they would take measures to clean it up. Mr. Windes stated Mr. Siner said the county had no need of this right-of-way but that seems contrary to the fact when 25 hands go up saying they are opposed to the vacation request. He stated he is not interested in disrupting the neighborhood unnecessarily. Mr. Parisot made motion, seconded by Mr. Harris, to deny the alley vacation requested by Fortune 900 LLC. 5 yeas. PUBLIC HEARING - ORDINANCE AMENDING REGIONAL AIRPORT GROUND TRANSPORTATION POLICY Mr. Stanford read the advertised legal notice for public hearing to consider adoption of an ordinance amending the Regional Airport Ground Transportation Policy adopted by Ordinance No. 77-11 and subsequently amended by Ordinance No. 07-29, Mr. Sunil Harman, Airports Director, stated that in reviewing the current ground transportation policy, staff found significant changes were needed. Because of the extensive changes, the Department recommends the current ordinance be repealed and replaced in its entirety. He noted the proposed policy has been “cleaned up” and reduced from 37 pages to 25 pages. Ms. Karen Locklear, Yellow Cab in Fort Walton Beach, stated she has reviewed the proposed ordinance and does not see a problem with it but she does think the $500,000 insurance requirement is steep. She also recommended the Board consider setting taxi regulations for the entire county. Ms. Locklear felt the proposed ordinance could work countywide and expressed a desire for the cities to follow it. Mr. Parisot commented Ms. Locklear's request for countywide regulations is asking for the entire county is not pertinent December 17, 2013 -13- Minute Book 70, Page 1809 Okaloosa County Board of County Commissioners tonight. He also stated a county ordinance would only apply to the unincorporated portions of the county. Ms. Locklear presented the Clerk with a CD entitled “Fair Taxicab Regulation at Work.” (The CD will be placed in the public hearing folder.) Mr. Justin Jackson, Jackson Transportation Service and All Star Shuttle, questioned the requirement for vehicles to be no older than ten years of age. He also felt the $500,000 insurance requirement was high, noting that he currently has a $300,000 insurance policy. Mr. Jackson said the additional coverage would cost him between $550 and $650 more each year. Mr. Don Whitney, Checker Cab of Miramar Beach, voiced concern about the increased insurance requirement. He noted that he does not sit in the queue line but has personals. Mr. Whitney stated his license is for four cabs. He reported the colors on the decals issued by the Airport fade after repeated washings and questioned why it is necessary to pay $50 for a replacement decal. Mr. Parisot asked about the feasibility of buying more durable decals and getting the official name of the airport on them. Mr. Harman advised this is the first time he has heard about this problem. Mr. Windes said the biggest problem seems to be the insurance and asked if that is the industry standard. Mr. Harman replied he arrived at that number through discussions with the Risk Management Department. He stated the typical vehicle is a mini- van with a higher occupancy which multiplies the risks. Mr. Harman said the other airports he worked at had $300,000 but the $500,000 requirement was based on discussions with the Risk Management Department. Mr. Harris expressed concern about hearing comments that no one was aware of (fading decals). Mr. Harman responded he has been at the Airports for five months and been in the office every day. He said he talks with the cab drivers and they have spoken to him about insurance. Mr. Harman reiterated the insurance at other airports is $300,000. Mr. Amunds stated Mr. Harman’s door is open and he is available to listen. Mr. Parisot remarked that he raised the issue on insurance one month ago. In response to a question from Mr. Parisot about December 17, 2013 ~14- Minute Book 70, Page 181i Okaloosa County Board of County Commissioners liability/exposure to the county for allowing the taxicab to operate from the airport, Mr. Dowd said his answer is “no” but you can always be sued. He pointed out there is no agency relationship with the taxicab companies. Mr. John Finch, Sunshine Shuttle and Limousine Service (Santa Rosa Beach), stated they have a fleet of 65 vehicles. He said there are a number of companies operating at the air terminal and suggested Okaloosa County follow the trend of putting out an RFP for ground transportation. Mr. Finch said his company has $6 Million in insurance, employees are drug tested, employees wear uniforms, and background checks are conducted on employees. Mr. Harris pointed out issuing a RFP to select one ground transportation company would put some people out of business. Mr. Whitney returned to the podium and stated all his drivers must submit a background check to the airport before they can operate at that location, noting background checks are “not a new thing.” Mr. John Mark, Black Flag Cab (Shalimar), stated background checks are done on his drivers and he does not understand why the insurance requirement is to be increased from $300,000 to $500,000. He also stated he has received no notification about a change in the speed limit at the airport, that he has never met Mr. Harman, and there has not been an owners’ meeting in the past year where some of these issues could have been hashed out. Mr. Amunds stated “We will work on communication.” Mr. David Hall listed several issues: e that he worked the oil spill in 2010 and tested positive for oil spill sickness e that he sits in his cab 15 to 16 hours per day ® that he moved only 35 feet today e that drivers are not allowed to sleep in their cabs or they will get thrown out of the airport. Mr. Hall submitted a letter dated November 26, 2013 that he received from Airports Administration stating that he was found asleep on Airports grounds which is a direct violation of Airport Policy. Further, because this was Mr. Hall’s fifth violation, he is suspended from operating at the Airport for three days. He commented that he is on 15 different medicines and he cannot take a nap at the Airport. December 17, 2013 -~15- Minute Book 70, Page 182 Okaloosa County Board of County Commissioners Mr. Chris Ferry, Destin Taxi, stated he is a retired military member and owner of a small LLC with seven vehicles. He felt Sunshine Shuttle’s proposal was an aggressive act. Mr. Ferry said he will agree to drug testing, background checks and a reasonable amount of insurance. Mr. Boyles stated we have spent a long time talking about taxis at the Airport. He said he didn’t know we had this regulation and is surprised that we do. Mr. Boyles asked if there is an issue of having a comprehensive ordinance or designating the department to do what is flexible and reasonable. He suggested regulating taxicabs would be the purview of the Airports Department. Continuing, Mr. Boyles said he doesn’t believe the ordinance is clean enough and has more detail than necessary. He stated the Board does not tell Mr. Hofstad how to grade roads by an ordinance and he feels there may be a better way to regulate taxis at the Airport. Mr. Amunds supported an ordinance, noting without an ordinance there is no enforcement through the State Attorney’s Office. Mr. Dowd stated he does not think the Board can delegate legislative authority to the Airports Director. Mr. Boyles asked when was the last time the Board sent anything to the State Attorney for enforcement of an ordinance. He said the county is not going to prosecute a taxi driver for falling asleep in his car. Mr. Boyles stated Mr. Harman could prevent anyone from operating at the Airport. Mr. Dowd asked how he would stop anyone. Mr. Harman responded that he could under the terms of the ordinance. Mr. Windes stated, “It appears it is our responsibility to keep order. I think we need an ordinance to fall back on.” He said he will support the proposed ordinance but would like more information on the insurance