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

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