Okaloosa County BOCC — January 7, 2014 — Minutes

November 19, 2013 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 Water & Sewer Administration Building in Fort Walton Beach. Members present were Don R. Amunds, Chairman; Dave Parisot, Vice Chairman; Wayne Harris; Nathan Boyles; and Kelly Windes. Also present were Gary J. Stanford, Finance Director, Clerk’s Office; Ernie Padgett, County Administrator; and John Dowd, County Attorney. PRESENTATION — H.E.R.O. AWARD Mr. Padgett asked Sam Sims, Sign Tech 2 for the Public Works Department Road Division, to come forward. Upon request, the county installs a memorial sign on roadways where a _ fatal accident has occurred and the family of the deceased is notified when the sign is to be installed. Mr. Sims was placing a sign at Kennedy Bridge where Rocky Lucas was killed in a motorcycle accident. Mr. Lucas’ sister, Linda Lucas, was present and became emotionally distraught. Mr. Padgett told of Mr. Sims’ kindness and the assistance provided to Ms. Lucas. Public Works Director John Hofstad nominated Mr. Sims for the Humanitarian Efforts Recognized by Okaloosa County Award (H.E.R.O. Award). Mr. Sims was presented with a plaque and given a round of applause. PRESENTATIONS - EMPLOYEE SERVICE AWARDS Mr. Padgett presented service awards to the following employees: Ronald Cliff------- Ten Years Todd Gay----------- Ten Years Dorothy Paice------ Fifteen Years PUBLIC INFORMATION OFFICER UPDATES Mrs. Kathy Newby, Public Information Officer, opened with a promo for the Okaloosa Today television program which airs on Cox Channel 6. Mrs. Newby highlighted the Public Works Department, showing photographs of repair work for a sink hole caused by pipe failure on Sycamore Drive in Niceville. The first annual Okaloosa County Airports Chili Cook Off was held with proceeds going to the United Way of Okaloosa County. Airports Director Sunil Harman was the Judges’ Choice winner and Anita Brinson of U.S. Airways was the People’s Choice winner. November 19, 2013 -1- Minute Book 70, Page {137 Okaloosa County Board of County Commissioners Mrs. Newby reminded everyone the Eco-Nomic Living Expo is scheduled for February 1 at the Emerald Coast Convention Center. COUNTY ADMINISTRATOR‘ S UPDATE Mr. Padgett reported the county’s response to the Auditor General's Report was transmitted to Tallahassee last Tuesday. He said he is not certain when the final AGO Report will be issued. Mr. Padgett advised this afternoon (beginning at 1:00 p.m.) he and four other members of the Tourist Development Director screening committee will begin interviewing candidates. The interviews will be followed by a “meet and greet” at 6:00 p.m. at the Convention Center. Mr. Padgett stated he plans to place an item on the next agenda for clarification of the surplus equipment policy. COMMISSTONER‘'S MINUTE Mr. Boyles stated 150 years ago a backwoods lawyer gave a special address honoring fallen soldiers and concluded that speech with government of the people, by the people, and for the people shall not perish from the earth. Mr. Parisot reported a training session was held yesterday on the Sunshine Law and ethics. He noted 134 elected officials and staff were present for the training program provided by the State Ethics Commission and the State Attorney General’s Office. Mr. Windes stated he was invited to Washington D.C. by Senator Rubio to speak on the Sustainable Fisheries Act. Both Senators Nelson and Rubio were in attendance. Mr. Harris said he has no comments. PUBLIC COMMENT RELATED TO THE CURRENT AGENDA There were no public comments at this time. CONSENT AGENDA APPROVAL Mr. Parisot stated item #17 is the adoption of the Aviation Advisory Committee Policy. He said one section calls for appointment of five members at large and suggested each November 19, 2013 -2- Minute Book 70, Page 138 Okaloosa County Board of County Commissioners commissioner appoint one person from his district. Airports Director Sunil Harman said he did not want to prescribe the criteria for the appointments and that is why they were silent on the matter. He also noted this committee is already constituted. Mr. Parisot suggested the committee be reconstituted and anyone desiring to sit on the committee to send an application to the County Administrator’s Office. Mr. Amunds noted that will require an amendment to the current policy. Mr. Parisot referenced Item #18 which requests a public hearing be scheduled to consider an ordinance repealing/replacing the Airports’ Ground Transportation Policy. He suggested that be scheduled for the second meeting in December in South County. Mr. Parisot made motion, seconded by Mr. Harris, to approve the Consent Agenda with the above noted changes. 1. Public Safety: Approve Certificate of Public Convenience and Necessity for the Okaloosa County Public Safety Department to provide non-emergency medical transportation within Okaloosa County from January 10, 2014 ‘through January 9, 2016 2. Public Works: Resolution amending Resolution No. 07-108, removing stipulations to prevent construction of a concrete driveway RESOLUTION NO. 13-182 3. Resolution authorizing Surety Land Title to prepare quitclaim deeds for successful bidders converting their Okaloosa Island leasehold interests to fee simple titles (Roy M. Young; Robert H. Griffin and Linda M. Griffin; Joshua L. Dodson and Lella Erin Dodson) RESOLUTION NO. 13-183 4. Public Works: Special Public Event Permit request from Worldwide Spirit Association to hold WSA Beach Nationals Cheerleading Event at The Boardwalk on Okaloosa Island, March 29-30, 2014 5. Public Works: Approve Addendum #2 to Contract #C14~2099-SW with The Environmental Quality Company, addition of items and materials to pricing list 6. Public Safety: Approval to purchase and implement Workforce Ready Timekeeping System from Kronos, Inc., for eleven EMS stations at a total cost of $65,811 7. Purchasing: Request to purchase two correctional vans off the state contract from Hub City Ford—-one for $32,495.80 and one for $33,295.80 November 19, 2013 -3- Minute Book 70, Page 139 Okaloosa County Board of County Commissioners 10. 11. 12. 13. 14. 15. 16, 17. 18. 19. 20. Growth Management: Appointment of Elliot Kampert as Okaloosa County’s representative to the Tri-County Community Council’s Board of Directors for 2014 Proclamation designating November as Pancreatic Cancer Month in Okaloosa County Airports: Final contract payment in the amount of $5,751.66 to GAT Airline Ground Support for skycap services for curbside baggage and escort services Corrections: Final contract payment in the amount of $4,040 to Securus Technologies for installation and operation of inmate telephones and related equipment Public Works: Accept for recording two drainage easements in Bella Vista Estates; one from J. Steve Burks and wife, Michele R. Burks and the second -one from Jack Carey Public Works: Fy 2014 Florida Fish and Wildlife Conservation Commission Artificial Reef Construction Grant application Public Works: Appointment of Gerald Rush to Parks Advisory Committee to serve remainder of Mike WrightReynolds’ three- year term (position expires October 2015) Purchasing: Recommendation to award bid for packaged generator system to Energy Systems Southeast, LLC as low bidder meeting specifications with a bid of $65,215 Public Works: Reappointment of Parks Advisory Committee members to three-year terms: Jody Smallwood, Maryl Bednar, Carol Bernich, and Paige Floyd Hart Airports: Approval of Aviation Advisory Committee Policy (NOTE: See discussion above under Consent Agenda heading. ) Airports: Authorization to advertise for public hearing on Ground Transportation Policy at the December 17, 2013 meeting Water & Sewer: Lease renewal with Joseph E. McKenzie of Joe’s Upholstery for Unit 310F Oddfellow Road in Fort Walton Beach; annual rent is $5,088 Finance: Budget Resolutions and Budget Transfers (a) Resolution amending FY 2013 Budget, General Fund (appropriations from various sources) RESOLUTION NO. 13-184 (BA #157) (6b) Resolution amending FY 2013 Budget, Emergency Medical Services Enterprise Fund (ambulance fees) RESOLUTION NO. 13-185 (BA #158) {c) Resolution amending FY 2014 Budget, General Fund (hazardous materials planning and prevention grant) RESOLUTION NO. 13-186 (BA #6) November 19, 2013 -4- Minute Book 70, Page 149 Okaloosa County Board of County Commissioners (d) Resolution amending FY 2014 Budget, General Fund (appropriations from City of Crestview for fixed-route transit service) RESOLUTION NO. 13-187 (BA #7) (e) Resolution amending FY 2014 Budget, Emergency Medical Services Enterprise Fund (EMS County Grant) RESOLUTION NO. 13-188 (BA #8) (f) Budget Transfer: Capital Outlay Construction Fund; Technical assistance for Crestview Courthouse project; BT-14-05 (g) Budget Transfer: General Fund; MOA with City of Crestview for fixed-route transit service from November 4, 2013 to February 2, 2014; BYT-14-06 21. BCC Records: Approval of Minutes for October 1, 2013 Regular Meeting; October 4, 2013 Special Called Meeting; and October 15, 2013 Regular Meeting 22. Public Works: Authorization for staff to provide assistance to Sheriff's Department by conducting grading work with bulldozer at Grimes Avenue firing range site in Crestview 5 yeas. GROWTH MANAGEMENT - FINAL PLAT APPROVAL FOR MOSSY OAKS PLANTATION PHASE II Mr. Elliot Kampert, Growth Management Director, presented for approval the final plat for Mossy Oaks Plantation Phase II, a 36-lot single-family residential subdivision. The plat is submitted by Southern Engineering Group on behalf of Devin Jones and Khader Daoud. The property is located on Highway 4 and Garret Mill Road in Baker and contains 24.31 acres. Mr. Boyles made motion, seconded by Mr. Harris, to grant final plat approval for Mossy Oaks Plantation Phase II. 5 yeas. PUBLIC WORKS — MOSSY OAKS PLANTATION PHASE II, ACCEPT INTO TEMPORARY MAINTENANCE PROGRAM Mr. John Hofstad, Public Works Director, requested approval to accept Mossy Oaks Plantation Phase II into the county’s temporary maintenance (18-month warranty period) program. Mr. Boyles made motion, seconded by Mr. Harris, to accept Mossy Oaks Plantation Phase II into the 18-month warranty period. 5 yeas. November 19, 2013 -5- Minute Book 70, Page 141 Okaloosa County Board of County Commissioners PUBLIC WORKS - VETERANS PARK IMPROVEMENTS Mr. Hofstad stated staff has been working on concept drawings for the development of the remaining acreage on Okaloosa Island. He stated County Engineer Jason Autrey will detail the ideas for Board consideration. Mr. Autrey noted the Public Works’ staff and the Tourist Development Department (TDD) staff have worked together on these concepts. Portions of the 35-acre parcel have been leased to Wild Willy’s and the Marine Life Center. Other site improvements include a Convention Center Exhibit Pad and additional boat trailer parking for Marler Park. Approximately 15 acres remain and are planned for development into Veterans Park. He said Public Works has taken on this project with a target date of March 1 for opening of the park. Phase I would consist of a walking trail and tie into the existing parking lot at the Emerald Coast Convention Center and provide access around the existing lake. Options for Phase II include coastal dune access, boardwalk to restrooms and boat launch area at Marler Park. Phase III would extend on that concept with vehicular parking and bathrooms in the center of the park. Mr. Autrey said staff would like for the Board to consider a memorial wall to be constructed at the park entrance to honor the different branches of the military. Mr. Amunds stated the boat trailer parking at Marler Park is scheduled to be opened in the spring and asked if the walking trails could be completed by then. Mr. Autrey replied that the Phase I walking trails could definitely be completed by spring. Mr. Harris questioned the Phase III concept and stated there was never consideration for a large parking lot with bathrooms in the middle of the park nor a large monument in the center, A brief discussion ensued regarding the commemoration for the five branches of the military. Mr. Autrey said there would be recognition of some type but could not commit to a stone wall. Recognition could be a plaque and flag. Ms. Paula Hudson, representing the Okaloosa Island Leaseholders Association (OILA), referred to the Restrictive Covenants for Okaloosa Island and said when the Board of County Commissioners took over the responsibility for the Island from the Okaloosa Island Authority, it took on the responsibility of protecting the land and recreational areas. Ms. Hudson stated one year ago November 19, 2013 -6- Minute Book 70, Page 142 Okaloosa County Board of County Commissioners the Board approved leases with the Guif Coast Marine Life Center and Wild Willy’s for the two front parcels, adding the lease fees were to go to maintenance of the remaining 15 acres which were to remain in their natural state. She noted that a small parcel was also provided to the Emerald Coast Wildlife Refuge for rehabilitation of animals. Ms. Hudson expressed concern that enlarging Marler Park could displace native animals/wildlife and asked for the remaining property to be retained in its wooded, natural state. Upon inquiry by Mr. Harris, Ms. Hudson stated the OILA has no objection to the walking trails. Mr. Amunds asked Ms. Hudson if she would object to a pavilion and water fountains. She replied “leave it natural” and felt a pavilion and rest areas would destroy the wild life habitat. Ms. Gloria Turner, Shalimar, spoke on behalf of the Parks Advisory Committee and said the committee never agreed to changing the natural environment of this area. She felt the entrance should be through the parking lot at the Convention Center. Mr. Parisot stated Ted Corcoran, President of the Fort Walton Beach Chamber of Commerce, could not be here this morning but sent a letter. Mr. Amunds stated he received a call that a representative of the Chamber would be present and was told to disregard the letter. Mr. L. A. Woodall, representing the Fort Walton Beach Chamber of Commerce, stated they were one of the stakeholders which met to discuss development of Veterans Park. He said the Chamber would like for the park to remain in as natural a state as possible. Mr. Woodall asked for the letter from Mr. Corcoran to be disregarded because the Chamber did not have all the information to comment on when the letter was written. He said the Chamber will leave the decision to the Board and to its quality staff to make these decisions. Mr. Windes stated he agrees with Mr. Harris on the walking trails option and said there is no need for any concrete. Mr. Harris made motion, seconded by Mr. Parisot, to approve Phases I and II and to disregard Phase TII. Mr. Harris amended his motion to agree to a small memorial at the entrance. Mr. Parisot confirmed his second. Mr. Hofstad stated the proposal for a memorial will be brought back to the Board for consideration. 5 yeas. November 19, 2013 -7- Minute Book 70, Page 143 Okaloosa County Board of County Commissioners PUBLIC HEARING - ORDINANCE AMENDING LAND DEVELOPMENT CODE, AMENDING TEXT IN CHAPTER 2 Mr. Stanford read the advertised legal notice for public hearing to consider the request of the Growth Management Department to amend Ordinance No. 91-01 (Land Development Code) by revising Chapter 2 Zoning Regulations, Section 2.20.00 “Special Uses” and creating new subsection 2.20.09 entitled “Aircraft Restricted Zone.” Mr. Elliot Kampert, Growth Management Director, stated this proposed ordinance is in response to issues relating to helicopter sightseeing operations beginning in and around the Destin Pass area. He pointed out this is the second hearing on this issue and he will not read the entire staff report because it was discussed at the last hearing. Mr. Kampert stated staff felt creating an aircraft restricted zone would be a prudent measure to prevent conflicts involving water-resource use in the East Pass and Destin Harbor area. A copy of the Boating Accidents Statistical Report 2012 published by the Florida Fish and Wildlife Conservation Commission was shown on the screen. He said the report shows a preponderance of boating accidents occurring in the proposed restricted zone. Mr. Kampert stated the proposed ordinance does not include an exemption for emergency and military aircraft in the zone but if it is approved, he will ask the Board to include that exemption. Mrs. Kathy Newby, speaking as the Public Information Officer (PIO) and as a wife of a helicopter pilot, stated she believes the real issue here is that of one tourist’s experience impacting that of another tourist's experience. She asked, “How do we make these work together.” Mrs. Newby said as the PIO she has gotten many telephone calls about Timberview Helicopters and the callers’ primary concerns are safety. She asked if the helicopter pilots have the ability to respond to a mechanical or engine failure in such close proximity to people on the beach and in the water. Mr. Michael Percy, Fort Walton Beach, stated he is a seaplane pilot and his company manufactures and sells amphibious aircraft. He said he enjoys showing his customers the beauty of Destin from the air and water and lands there to rest, refuel and eat. Mr. Percy advised the proposed restriction would limit seaplane landing options around Destin. He said on calms days you could land outside the restricted zone but for most days, November 19, 2013 -8- Minute Book 70, Page 144 Okaloosa County Board of County Commissioners the restriction would remove Destin as a destination. Mr. Percy pointed out this area is only crowded for a small part of the year. He advised that seaplane pilots are highly trained, want to protect their investments, and have not caused any accidents (reference to earlier boating accident report presented by Mr. Kampert) . Mr. Percy stated the Okaloosa County Planning Commission unanimously rejected this second attempt at regulation, noting there is no evidence there is a problem or if there were a problem that this regulation would solve it. He asked the Board to support the Planning Commission’s recommendation. Upon inquiry by Mr. Amunds, Mr. Percy said he could find other places to land but not to refuel and eat. Mr. Percy spoke about fair and equal use of the waters. He pointed out the proposed ordinance will not change the complaints about noise because the Sightseeing flights will still be over the beaches and Crab Island will always be a loud, noisy place. Mr. Boyles posed several questions. Mr. Percy answered when his seaplane hits the water, it is considered a vessel; the no wake zone would apply to him; and when taking off the seaplane does have a small wake. Mr. Percy pointed out seaplanes are already regulated by federal and state rules. Ms. Nicole Black, Fort Walton Beach, came forward to voice her opposition to the proposed ordinance. She stated she is not a business owners but a realtor. Ms. Biack felt the proposed regulations will not resolve the issues which have been cited, are an unnecessary restriction, and will set a precedent for other restrictions. Mr. Justin Johnson, owner of Timberview Helicopters, said he has operations in Kansas City and Atlanta and typically all aircraft operations in cities are around densely populated areas. He stated pilots are trained to get back to an airport or open area in the event of engine failure or other mechanical issues. Mr. Johnson stated his helicopters fly off the beach, not over the beach. He pointed out they do not land on water (land on the barge) and do not interact with boats. Mr. Johnson emphasized it is a commercial activity and not a private pilot with a new license. Mr. Johnson stated his research for the past ten-year period reveals no report of an accident involving a boat and a November 19, 2013 ~9- Minute Book 70, Page 145 Okaloosa County Board of County Commissioners helicopter in the State of Florida. With regard to noise, he said the highway traffic is louder than the helicopter. He requested approval to submit the following documents: FAA Determination of Landing Area Proposal dated November 12, 2013; FAA Certificate of Waiver, Banner-towing Operations; FAA Waiver or Letter of Authorization Issuance and Applicability; and FAA Letter of Authorization Summary of Authorizations (commercial air tour operations). (NOTE: These items were given to the Clerk and have been placed in the public hearing file.) Upon inquiry by Mr. Parisot, Mr. Johnson stated except for take- off there is no minimum AGL flying time. Mr. Parisot stated the complaints he hears are low flight height and noise. He pointed out the Air Force restriction is 1500 feet. Mr. Johnson said he has seen the military fly over the water at 500 feet and sometimes lower. He added that he flies higher than 500 feet in a crowded environment and avoids fixed-wing aircraft. Mr. Boyles asked Mr. Johnson if the red zone were compressed to the existing no wake zone, if he could live with that. Mr. Johngon answered that he is not going to operate near people. He said areas are being penciled off where there are no problems, such as beyond Crab Island. Mr. Boyles asked if that igs a “no.” Mr. Johnson said he does not understand the no wake restriction when it is not a relevant factor. Ms. Jamie Jones, Destin, stated she is a business owner on the Destin Harbor and Harbor Chair for the Destin Chamber of Commerce. She said the helicopter operates 100 yards from her business and it is difficult to answer telephone calls. Ms. Jones stated it is disruptive and “it does not work on the harbor.” Mr. Guy Tadlock, Destin, stated he is President of the Holiday Isle Owners Association and the Holiday Isle owners support the proposed ordinance. He said they feel the aerial tours should take off and land from a land base or from the airport. He said their board of directors is concerned about the safety of its residents and the boating public. Mr. Tadlock noted there are 200 to 300 condo units and townhomes within a 1500-foot radius of the helipad, as well as Harbor Walk and the fishing fleet. He encouraged the Board to adopt the ordinance and keep the harbor safe. Mr. Roger Bias, Baker, said he hears a lot of rhetoric about safety but it seems to be primarily complaints about noise. He November 19, 2013 -10- Minute Book 70, Page 146 Okaloosa County Board of County Commissioners spoke about the decibel levels of the type helicopter being used for the sightseeing tours and compared that to the noise level in this meeting. Mr. Bias was of the opinion jet skis and boats would generate more noise than the helicopter. He also said there are already rules in place from the FAA to protect the non-participating public. Mr. Chris Sullivan, Highway 98, stated he is an attorney for Mr. Percy’s business. He noted that as he drove over the bridge at ’ Destin today and there were no boats out. Mr. Sullivan said it is fairly busy during the summer but not so much during the rest of the year. He was of the opinion the restricted area appears to be arbitrary and unnecessary. Mr. Sullivan stated the proposed legislation is not artfully drafted and it attempts to define aircraft. He referred to jet packs and said it is a jet ski with a hose. Mr. Sullivan did not recommended approval of the proposed ordinance. Mr. Percy’s wife, Bridgett, stated she disagrees with the ordinance. She emphasized this is an aviation community. Mr. Merlin Allen, Miramar Beach, said he represents Keith Howard and the Howard Group. He stated when he and his wife went to Las Vegas they took a helicopter tour. Mr. Allen stated he did some research and learned that the City of Las Vegas does not allow helicopters in the city and most of them take off and land from the airport, pointing out Las Vegas knows how to preserve tourism. He said he supports the ordinance. Mr. Robert Gore, Highway 98, said as a boat captain he has not seen any incidents involving aircraft. He stated the federal navigable channel cannot be blocked. Mr. Claude Perry, Destin Harbor, stated no one is trying to destroy industry or Mr. Percy's aircraft business or prevent anyone from enjoying this area. He felt the ordinance is necessary to protect tourist and boaters. Mr. Perry read a letter from Tim Finnegan of Shalimar which voiced opposition to granting a permit for Timberview Helicopters and supported passage of the proposed ordinance. Mr. Mario Wolfe, Crestview, stated he is a commercial pilot and operated a sightseeing helicopter for two years in South Dakota over the national monument and parks. He said he is very familiar with the aircraft. Mr. Wolfe noted helicopters are designed to operate outside an airport and that is why life November 19, 2013 -11- Minute Book 70, Page 147 Okaloosa County Board of County Commissioners flights use them. He stated he is against the ordinance and does not see safety as the issue. Mr. Mike Griffith, reporter with The Bay Beacon, referred to the controversy between Eglin Air Force Base and the City of Valparaiso regarding the F-35s. The issues were noise and safety. Mr. Griffith pointed out that one report says many parts of the city are not suitable for residential uses yet the Board supports the F-35s at Eglin. He asked why the inconsistencies. Mrs. Mary Anne Windes, Chairman of the Destin Chamber of Commerce, stated they are trying to make Destin a great place to live and play. She said the population of the city swells from 12,000 to more than 100,000 during the tourist season. Mrs. Windes said many times people get off a land base so they cannot be regulated. She asked the Board to go forward with the proposed regulations. Mr. Sandy Williams, Fort Walton Beach, stated he is the founder of Boomer Aviation. He spoke of his flying experience and his banner-towing business. Mr. Williams pointed out many things have changed after the 9-11 tragedy, such as no planes above stadiums. He cautioned the Board against any regulations which could hurt businesses. Mr. Williams also felt the laws already on the books should be enforced rather than making new ones. He added there are enough rules out there already from the FAA and NTSB. Mr. Williams continued, saying that from observing the two meetings on this issue, the problem is with helicopters but the proposed ordinance will affect other businesses. Mr. Parisot directed his comments to Mr. Dowd. He said yesterday there was a question about grandfathering-in status for existing businesses and asked if Timberview Helicopters would be included in that grandfather provision. Mr. Dowd replied that businesses currently operating would be grandfathered in and if they discontinued operations for six months, they could not continue. Ms. Myra Williams, Destin, stated she is pro-business but not at the expense of people with long-standing businesses being affected. She said some of the visitors to our area have come generation after generation. Ms. Williams stated this is not Miami and Destin has its own distinct ambiance and she would like for it to continue. She felt the helicopters should operate out of the Destin Airport. November 19, 2013 -12- Minute Book 70, Page 148 Okaloosa County Board of County Commissioners Mr. Johnson referred to the documents he submitted earlier and said where he is located is designated as a private airport and FAA has jurisdiction over it. Mr. Boyles noted there must be appropriate zoning for an airport designation and local government entities are involved in the process. Mr. Kampert commented that an individual cannot just go to FAA and get a backyard airport determination. Ms. Misty Hurley, Destin, said this issue seems to be narrowed to helicopters and noise. However, the proposed regulations will affect so many other businesses. She felt adoption of the ordinance would do more harm than good. Mr. Amunds closed the public comment portion and brought the discussion back to the Board. Mr. Windes said we are not talking about Miami, Kansas City, Cocoa Beach or South Dakota but the congested water way in Destin. He stated this has been under review for 13 months. Mr. Windes noted Destin pays one- third of the ad valorem taxes and two-thirds of the bed taxes. He said there needs to be reasonable and common sense rules. He continued, stating the waterways are part of the economic engine and he also realizes Destin is not a sleepy fishing village any more. Mr. Windes stated he has an amended version of the ordinance for consideration. His proposal will change the restricted area and he asked Mr. Kampert to come forward and show the proposed changes on the map. He felt this change would be an adequate compromise. Mr. Boyles said he thinks Mr. Windes’ proposal is in keeping with the direction he is heading. He asked about jetpack issues, noting the Board can define aircraft issues how it wants to. Mr. Boyles stated under the current proposed ordinance jetpacks are considered aircraft and he does not think that it is necessary to include them on that list. Mr. Windes stated if you spend much time in the bridge area, you know about the congestion. He said jetpacks are very distinctive and out of the mainstream. Mr. Harris said he has wrestled with this for 13 months and thinks the ordinance is arbitrary and capricious. He stated he has no doubt this is about the helicopters but it has included November 19, 2013 -13- Minute Book 70, Page 449 Okaloosa County Board of County Commissioners the jetpacks, Mr. Percy’s business, and others. Mr. Harris said there is no data saying there is an aircraft problem in this area. He asked Mr. Percy about the areas where he lands (color codes were used on the map). Mr. Percy said he has landed in the purple and green areas. When asked by Mr. Harris if adoption of the ordinance would put him out of business, Mr. Percy replied, “no.” However, Mr. Percy said it may put Destin off limits for him and landing there will become dependent on wind, waves, and boat traffic. Mr. Harris asked Mr. Johnson how this proposal will affect him. Mr. Johnson replied that he does not operate within the proposed restricted area. Mr. Harris said Mr. Johnson indicated he was agreeable to the compromise and told him the western portion of the area on the southwest side of the bridge would be adequate. Mr. Johnson replied that he did have a site but there were problems with currents, dealing with people and the location of the bird sanctuary. Mr. Harris said his primary concern is not putting people out of business. Mr. Amunds commented they want the freedom to operate where they want to without restrictions. Mr. Harris stated he believes Mr. Windes’ compromise is trying to accommodate as many people as possible. Upon inquiry by Mr. Parisot, Mr. Percy said you cannot see the lines of the restricted area from an aircraft. Mr. Parisot said he assumes it will be done with GPS coordinates. Mr. Parisot stated one thing that is key is the Destin Harbor belongs to the City of Destin and he wished they had drafted this regulation. He felt this to be a Destin issue and asked if the Board could table this item until after the Destin City Council “chimes in.” Mr. Parisot said he believes the proposed regulation is to control the helicopter operations, referencing the petitions signed by Destin business owners opposing that operation. He stated if the ordinance is adopted, it will not solve a problem with the helicopters because that business will be grandfathered-in. Mr. Parisot advised that he cannot support this change. Discussion continued. Mr. Windes said the commissioners are not there every day but he is there and sees the issues. He said there needs to be some kind of solution. Mr. Windes stated there would be markers for the designated areas which will be distinguishable from the air. With regard to the grandfather provision, Mr. Dowd stated that provision is included in the November 19, 2013 -14- Minute Book 70, Page 150 Okaloosa County Board of County Commissioners ordinance. Upon inquiry by Mr. Harris, Mr. Dowd stated it would preclude future business in that area. Mr. Windes made motion, seconded for discussion by Mr. Boyles, to approve the ordinance with the change to the restricted area as previously proposed by Mr. Windes. Mr. Boyles stated he can support this motion if Mr. Windes will amend it by pulling out jetpacks. Mr. Windes accepted this amendment. Mr. Amunds said he does not know if he can support this motion because of questions about the grandfather clause. Mr. Amunds then asked, “Tf it passes, would current businesses be grandfathered in?” Mr. Dowd replied, “Yes, sir.” Mr. Amunds said he can support the motion. The vote was taken-4 yeas, 1 nay. (Mr. Parisot voted no.) Mr. Kampert asked if the motion includes the exemption for military and emergency aircraft, to which Mr. Windes replied, “absolutely.” ORDINANCE NO. 13-25 RECESS - The meeting was recessed at 11:15 a.m. and reconvened at 11:25 a.m. PUBLIC HEARING — ORDINANCE AMENDING LAND DEVELOPMENT CODE, REVISING CHAPTER 1 GENERAL PROVISION “DEVELOPMENT ORDER HEARING“ Mr. Stanford read the advertised legal notice for public hearing to consider the request of the Growth Management Department to adopt an ordinance amending the Land Development Code (Ordinance No. 91-01) by revising the text in Chapter 1, General Provisions, Section 1.11.08 “Development Order Hearing.” Mr. Kampert stated the LDC was substantially revised in January 2011, including Section 1.11.08. This section was revised to provide due process in the form of a development order hearing for any party which might take exception or challenge the issuance of a Development Order by the Growth Management Department. Subsequently, there have been three challenges, Based on these experiences, staff believes the language is too broad and vague for staff to prepare a defensible response to the petition for the Planning Commission to be fully informed about the objection or the challenge at issue. The revised language would refine the appellate procedure. No one came forward to speak in favor of or in opposition to the proposed ordinance. November 19, 2013 -15- Minute Book 70, Page 151 Okaloosa County Board of County Commissioners Mr. Parisot made motion, seconded by Mr. Boyles, to adopt the proposed ordinance. 5 yeas. ORDINANCE NO. 13-26 PUBLIC HEARING - REQUEST TO AMEND FLUM DESIGNATION AND REZONE 9.2 ACRES AT 720 ESSEX ROAD IN FORT WALTON BEACH lan Mr. Stanford read the advertised legal notice for public hearing to consider the request submitted by Choctaw Engineering as agent for Watree Construction & Land Development, Inc. and Conquistador, Inc. to amend the Future Land Use Map (FLUM) designation for 9.2 acres from Institutional (INST) to Medium Density Residential (MDR) or a more restrictive FLUM designation. And if approved, to rezone subject property from Institutional (INST) district to Residential-2 (R-2) district or a more restrictive zoning district. Mr. Kampert stated this is the site of the former Ocean City Elementary School. The applicants purchased the property from the School District and propose a straight forward residential development. He advised no public comment or opposition has been received and the Planning Commission voted unanimously to recommend approval at its October 10, 2013 meeting. No one came forward to speak in favor of or in opposition to the requested changes. Mr. Parisot made motion, seconded by Mr. Harris, to adopt the ordinance amending the FLUM designation as advertised. 5 yeas. ORDINANCE NO. 13-27 Mr. Parisot made motion, seconded by Mr. Harris, to adopt the ordinance rezoning the parcel as advertised. 5 yeas. ORDINANCE NO. 13-28 PUBLIC HEARING - REQUEST BY FORTUNE 900 LLC TO VACATE PORTION OF ALLEY IN BLOCK 7 OF BAY VIEW SUBDIVISTON Mr. Stanford read the advertised legal notice for public hearing to consider the request submitted by Choctaw Engineering for Fortune 900 LLC to vacate a portion of a 20-foot wide alley bounded on the west by Lots 9 and 10, bounded on the east by Lots 19 and 20 and bounded on the north by Second Avenue in Block 7 of Bay View Subdivision in Fort Walton Beach. Mr. John Hofstad, Public Works Director, stated the right-of-way in question fronts Eglin Parkway and is the site of the Black November 19, 2013 -16- Minute Book 70, Page 152 Okaloosa County Board of County Commissioners Angus complex. The agenda request noted that the applicant owns the property on both sides of the alley. Mr. Hofstad stated the request is consistent with prior vacation requests in this area and no objections have been received. Mr. Alonzo Campbell stated his property adjoins the alley in question and he uses it to access the rear of his property. He asked how he would access the back of his property if it is vacated and the owner installs a fence. Mr. Hofstad said he cannot answer for the applicant and noted that he does own all surrounding parcels. He advised there would be limited stipulations but the county would maintain stormwater or infrastructure (utilities). Mr. Hofstad said the applicant would be able to put up a fence. Mr. Mark Siner, Choctaw Engineering, stated the alleyway goes from Second Avenue to First Avenue and is connected on the south end at the Goofy Golf. He said there would still be access through the public alley and Mr. Campbell could come in from the other end of the alley. Upon inquiry by Mr. Parisot, Mr. Dowd stated there are no requirements regarding the number of access points to right-of- way. Mr. Dowd did say Mr. Campbell may have rights if there were restrictive covenants filed with the plat regarding individual lot owner access. A question arose regarding the overgrown nature of the remainder of the alley. Mr. Siner stated his client has maintained this end of the alley which allows access for Mr. Campbell. He said if the other property owners would have cleared the county property as his client did, they would have access from the other end of the alley. Mr. Siner said the county could come in and clear the alley from one end to the other but it has done nothing to maintain this right-of-way. With regard to other issues about use of the alley, Mr. Siner said the residents should address use of the right-of-way with the county or code enforcement. However, those issues have nothing to do with this request to vacate the alley. Mr. Boyles said the county has no future use for the alley and he supports unloading it as it exists. Upon inquiry by Mr. Boyles, Mr. Siner stated he has not met with any of the residents who oppose this request. Upon further inquiry by Mr. Boyles about a possible meeting with the residents, Mr. Siner November 19, 2013 -17- Minute Book 70, Page 153 Okaloosa County Board of County Commissioners said he cannot speak on behalf of his client in this regard. Mr. Siner said one of the reasons his client is making this request is because the alley igs not maintained, there has been property damage and it has had a negative effect on his property. Upon inquiry by Mr. Parisot, Mr. Siner stated the property was posted for public hearing. Mr. Parisot suggested this hearing be tabled until December 17 and give the applicant an opportunity to speak with other residents. Ms. Marilyn Cagnon, Ms. Linda Kulaw, Mr. Charlie Dyess, Mr. Doug Ayres, and Mr. Allen Bullard came forward to voice their concerns and objections to the proposed right-of-way vacation and Mr. T’s current use of the alley. Mc. Parisot made motion to table this public hearing until December 17 at 6:30 p.m. Motion dies for a lack of a second. Mr. Windes stated he is reluctant to reward someone for violating the codes. Mr. Kampert noted they have received complaints but said some of those trailers may be grandfathered in and it will need to be investigated. Mr. Windes said he would like to have details on the grandfather issue and if there are code violations. Mr. Parisot made motion, seconded by Mr. Windes, to table this public hearing until December 17 at 6:30 p.m. 4 yeas, 1 nay. (Mr. Boyles voted no.) TOURIST DEVELOPMENT - TASK ORDERS 110, 111, 112, 113, 114, 115, AND 117 WITH PETER MAYER ADVERTISING Mr. Parisot made motion, seconded by Mr. Harris, to approve the following task orders with Peter Mayer Advertising with the stipulation that all sole-source documents are properly executed: e Task Order #110 for BP print and radio media pass through costs in an amount not to exceed $168,445 e Task Order #111 for BP television media pass through costs in an amount not to exceed $509,025 e Task Order #112 for Online media portion of the BP Marketing Plan in an amount not to exceed $191,255 e Task Order #113 for Print media pass through costs in an amount not to exceed $533,197 e Task Order #114 for Radio and digital outdoor media pass through costs in an amount not to exceed $50,895 November 19, 2013 -18- Minute Book 70, Page 154 Okaloosa County Board of County Commissioners e Task Order #115 for Online media pass through costs in an amount not to exceed $244,049 e Task Order #116 for Ongoing visitor profile research in an amount not to exceed $55,200 5 yeas. PUBLIC COMMENT No one came forward to speak. ADJOURNMENT There being no further business to come before the Board, the meeting was adjourned at 12:13 p.m. DON W. HOWARD DON R, AMUNDS, CHAIRMAN CLERK OF CIRCUIT COURT BOARD OF COUNTY COMMISSIONERS (These minutes were transcribed by Teresa Ward.) November 19, 2013 -19- Minute Book 70, Page 155 Okaloosa County Board of County Commissioners