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

one company had sufficient time to make application but the others did not. Mr. Harris then asked if this action is interfering with commerce. Mr. Amunds responded that if Timberview would have made application instead of the owner of Destin Commons, then Timberview would have a site. Mr. Harris said he does not want to pick winners and losers and asked if the Board is changing the law in the middle of the stream. Mr. Boyles stated he was in the audience when the previous public hearing took place and pointed out that Timberview was also in the audience. He said he came away from that meeting with the understanding things were about to change. Mr. Boyles stated he cannot take the position that Timberview did not know change was coming and coming quickly. He added that the county is not running them out of Destin or the county because they can move their operations to the airport. They also have the option of finding another site and having it rezoned. Mr. Parisot said he will support the amendment with an effective date as soon as possible. He added that he believes the Board is responsible for ground safety. Mr. Windes reiterated his motion, seconded by Mr. Parisot, to adopt the proposed amendments to Chapters 1A and 2 of the LDC. 5 yeas. ORDINANCE NO. 12-24 PUBLIC HEARING - AMENDING CHAPTER 9 OF LAND DEVELOPMENT CODE, ABANDONED VEHICLES, BOATS AND/OR TRAILERS (9:00 A.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 and nuisance vehicle, boat or trailer. This is the November 20, 2012 -12- Minute Book 68, Page 57 Okaloosa County Board of County Commissioners second hearing. The first hearing was held on November 6, 2012 in Crestview. 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. 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. Mr. Kampert stated Mr. Boyles has requested consideration for an exemption for large tracts of agriculturally zoned land outside the Urban Development Boundaries. He advised that staff has no objections. Mr. Amunds stated this is the first the Board has heard of this suggestion. He commented that he believes in consistency and said as former law enforcement officer, consistency with the law is important. November 20, 2012 -13- Minute Book 68, Page 58 Okaloosa County Board of County Commissioners Mr. Harris stated these are living documents and he has no Opposition to Mr. Boyles’ recommended change. However, he said how will the determination be made, asking if a five-acre lot in Holt would allow for someone to put an old car up on blocks. Mr. Harris stated this could be problematic. Mr. Amunds asked Mr. Boyles to pitch his idea. Mr. Boyles explained that when he read the proposed ordinance he developed concerns about nuisance vehicles. He said he understands the purpose of the ordinance is to correct deficiencies in existing conditions. Mr. Boyles cited examples. He stated that he has a camper he intends to renovate but it is not registered. Across the road, he can see an old Chevy in a neighbor’s barn. Mr. Boyles stated this standard applies more to urban area. He advised that he is not tied to this implementation but cannot support the draft ordinance. Mr. Kampert pointed out Code Enforcement will enforce whatever policies the Board adopts. Mr. Amunds asked if another hearing is required to consider this change. Mr. Kampert replied in the negative. He said the ordinance would be revised to include language saying the nuisance vehicle requirements would not apply to agriculturally zone properties outside the urban boundaries. Mr. Windes stated Mr. Boyles makes a good point, noting the diversity of our county. Mr. Parisot made motion, seconded by Mr. Boyles, to adopt the ordinance with an amendment exempting the nuisance vehicle requirements for properties with agricultural zoning and are outside the Urban Development Boundaries. 5 yeas. ORDINANCE NO. 12-25 WATER & SEWER - LEASE AGREEMENT WITH SKYETECH, LLC Mr. Littrell requested approval of a lease agreement with Natalie and Jeff Hendricks II of Skyetech LLC for lease of an Okaloosa County Water & Sewer owned building at 1310D Oddfellow Road in Fort Walton Beach. He also asked for approval of a resolution authorizing lease of the property. Mr. Parisot noted that Skyetech’s insurance coverage does not list Okaloosa County as additional insured. Mr. Parisot made motion, seconded by Mr. Boyles, to approve the resolution and lease agreement with the stipulation Okaloosa County is added to the insurance policy. 5 yeas. RESOLUTION NO. 12-169 November 20, 2012 -14- Minute Book 68, Page 59 Okaloosa County Board of County Commissioners WATER & SEWER -— AMENDMENT TO INTERLOCAL AGREEMENT AND SALE AGREEMENT WITH CITY OF NICEVILLE FOR RECLAIMED WATER SERVICES FACILITIES Mr. Littrell requested approval of an amendment to the Interlocal Agreement and Sale Agreement (and associated documents) with the City of Niceville for transfer of the reclaimed water facilities. He advised Okaloosa County is no longer part of the NVOC Regional Sewer Board. The Niceville City Council unanimously approved the documents on November 13, 2012. Mr. Windes made motion, seconded by Mr. Harris, to approve the department head’s recommendation. 4 yeas, 1 nay. (Mr. Parisot voted no.) PUBLIC WORKS ~ STEPPING STONES AT SURF DWELLER CONDOMINIUM Mr. John Hofstad, Public Works Director, stated a request has been received from Jan Heisterman, owner of a unit within the Surf Dweller Condominium, to reinstall 12-inch diameter stepping stones on county property on the south side of the complex. The stepping stones were originally installed in 1983 by the contractor to provide unobstructed travel for the ground units to the beach walkover. The stones were removed for Hurricane Ivan in September 2004. They were replaced in April 2012 but after being replaced, Florida Department of Environmental Protection (FDEP) received a complaint and FDEP required the stones to be removed. Mr. Hofstad advised that staff has discussed this issue with Ms. Heisterman and FDEP. FDEP recognizes the area where the stepping stones are to be placed is county property and will require approval by Okaloosa County and a written request from the Surf Dweller Condo Association. He advised that the Public Works Department supplied FDEP with a letter of approval on October 8, 2012 but he does not believe the Condo Association has considered the item. Mr. Hofstad provided a number of slides of ground unit patios, county property and the dune walkover. He reported receiving a number of emails, both for and against the request. Consequently, staff felt it should present this issue to the Board for direction. Mr. Amunds commented if the stones are replaced, they should be recessed to avoid tripping hazards. Mr. Dave Sherry stated he is not currently on the Board of Directors for Surf Dweller but he is speaking on behalf of his November 20, 2012 -15- Minute Book 68, Page 60 Okaloosa County Board of County Commissioners wife, Sherry, who could not be present. He said Ms. Heisterman is not requesting approval to install the steps herself but seeking for the Condo Association to install the stepping stones along the entire length of the complex at the expense of the other condo owners. Mr. Harris asked what the big objection is to this request. Mr. Sherry replied it is potential damage to the vegetation. Mr. Harris pointed out people would be walking on the vegetation anyway. Mr. Sherry said ground unit owners can go out their front doors and through the breezeway to get to the dune walkover to the beach. Discussion ensued about the partitions and patios on the ground floor units. Mr. Harris commented we appear to be making a mountain out of an ant hill about this. Mr. Windes suggested the Surf Dweller homeowners association decide what they want to do as a body and the Board could go along with that decision. Mr. Dowd stated that would be authorizing people to build on public property. He also cited liability concerns about people tripping over the stepping stones. Mr. Brance Parker, Vice President of Surf Dweller Board, stated he agrees with Mr. Harris on this. He said the contractor installed the pavers to provide a logical flow to the dune walkover. Mr. Parker stated the first floor unit owners are going to take the quickest egress to the dune walkover. He pointed out people are going to walk this path whether the pavers are there or not. Mr. Parker commented that the stepping stones are stored on site, Saying this was never an issue before, Mr. Harris made motion, seconded by Mr. Parisot, to approve placement of the stepping stones. Mr. Boyles stated this issue should not have been on the agenda and staff should have made the decision. He added the request should come from the condominium association and not an individual. Mr. Curry said he would like to clarify that the Public Works Director did make the decision but felt it was important to have the Board uphold his actions. 5 yeas. PUBLIC WORKS - APPOINTMENT TO PARKS ADVISQP™“ COMMITTEE AND APPROVAL OF CHANGE ORDER NO. 1 WITH GUM CREEK FARMS FOR OLD ANTIOCH ROAD RECONSTRUCTION PROJECT Mr. Parisot made motion, seconded by Mr. Harris, to approve the following items Public Works: November 20, 2012 -16- Minute Book 68, Page 61 Okaloosa County Board of County Commissioners (2) District I Appointment of Jody Smallwood to Parks Advisory Committee (3) Change Order No. 1 with Gum Creek Farms, Inc. for the Old Antioch Road Reconstruction Project, adding 10 days and $60,450 to the contract 5 yeas. PUBLIC WORKS - RECOMMENDATION TO AWARD BID AND EXECUTE CONTRACT FOR BEACH CONCESSION SERVICES Mr. Hofstad recommended the bid for beach concession services be awarded to Island Sands Beach Service of NW Florida, LLC as highest bidder meeting specifications with an annual bid of $30,000. He also requested the Chairman be authorized to execute the contract. Mr. Harris made motion, seconded by Mr. Parisot, to award the bid to Island Sands Beach Service and to authorize the Chairman to execute the contract. 5 yeas. PUBLIC WORKS - INFORMATIONAL ITEM REGARDING PAYMENT TO GULF COAST TRAFFIC ENGINEERS FOR ROAD STRIPING The final invoice for road striping for FY 2011-12 in the amount of $379,905.39 has been presented by the vendor for