Okaloosa County BOCC — October 2, 2012 — reading text

REQUEST DATE: November 6, 2012 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Approval of Parks Advisory Committee Members DEPARTMENT: Public Works BCC DISTRICT: All STATEMENT OF ISSUE: Consideration of a proposed list of candidates for the Parks Advisory Committee. BACKGROUND: The Okaloosa County Board of County Commissioners adopted Ordinance No. 04-05 regulating County Recreation Areas in February 2004. The establishment of a Parks Advisory Committee was included within this ordinance, for the purpose of advising the BOCC and Parks Department to improve various aspects of the county recreational system. The members of the Parks Advisory Committee have been heavily involved in making parks and recreation related recommendations to the Board of County Commissioners, doing research and tapping their various contacts with the public to form these recommendations. The recently revised Parks Advisory Committee By-Laws created two At-large positions, at least one of which must be filled by a citizen from the incorporated area. Gloria Turner from the incorporated area of District 2 has submitted an application. She has been very active at the Parks Advisory Committee meetings this year. Her application is attached. Mike WrightReynolds from District 4 has also submitted an application. He has been very active at the Parks Advisory Committee meetings and has attended all their meetings this year. His application is attached. Preston Lee Bass from the incorporated area of District 3 has completed one three year term on the committee and is interested in being appointed for an additional three year term. OPTIONS: Approve / Disapprove. Packet Pg. 243  8.6.2 RECOMMENDATIONS: Approve the appointment of Gloria Turner and Mike WrightReynolds to the Parks Advisory Committee to serve three year terms in the newly created At-large positions. Approve the reappointment of Preston Lee Bass to serve a three year term as District 3 representative. RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator Packet Pg. 244  8.6.2.a Parks Advisory Committee Positions Attachment: PAC positions 102312 (1088 : Approval of Parks Advisory Committee Members) Current Members District 1 Vacant District 2 Gerald Rush District 3 District 4 Carol Bernich District 5 Vacant At-large At-large Packet Pg. 245  8.6.2.a 10/23/2012 Attachment: PAC positions 102312 (1088 : Approval of Parks Advisory Committee Members) Applicants Preston Lee Bass (incorporated): first term in a former Incorporated position expires this month. He wishes to continue to serve on the committee. Gloria Turner, Distr 2 (incorporated): Wishes to be appointed. Mike WrightReynolds, Distr 4: Wishes to be appointed. Packet Pg. 246  8.6.2.b Packet Pg. 247 Attachment: Gloria Turner app (1088 : Approval of Parks Advisory Committee Members)  8.6.2.c Packet Pg. 248 Attachment: Mike WrightReynolds app (1088 : Approval of Parks Advisory Committee Members)  8.6.3 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 6, 2012 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Public Hearing Request DEPARTMENT: Public Works BCC DISTRICT: All STATEMENT OF ISSUE: Request a public hearing be held 6:30 p.m. December 18, 2012 to encourage public input concerning revisions to Ordinance 08-06 County Recreation Areas. BACKGROUND and ANALYSIS: Staff has coordinated revisions to Ordinance 08-06 County Recreation Areas regarding the following areas; Prohibiting the leaving of personal property items during specified times or during periods that will interfere with beach maintenance and/or cleaning, adversely affecting the aesthetic beauty and public safety as well as obstructions for endangered wildlife species; Revising the prohibitions of overnight camping to allow overnight camping in posted parks only; Prohibiting fires or open flames except as permitted; Revision of definitions; Specifying beach vendors set-up time; Amending hours of use; and Including beach wedding guidelines. A public hearing is requested to encourage public input. RECOMMENDATION: Approve request to conduct a public hearing at 6:30 p.m. December 18, 2012. RECOMMENDED BY: Packet Pg. 249  8.6.3 APPROVED BY: James D. Curry, County Administrator Packet Pg. 250  8.6.3.a OKALOOSA COUNTY PARKS DIVISION Attachment: Proposed Ordinance 08-06 County Recreation Areas Revision 005 - DRAFT FORM (1122 : Public Hearing Request) DRAFT OF RECOMMENDED ORDINANCE CHANGES Additional revisions have been made to Section 1, Sec. 16-43 (p), Sec. 16-49 (g), Sec. 16-54, & Sec.16- 55. Please review. THIS IS IN DRAFT FORM ONLY. No part of the suggested revisions have been approved by Mr. Curry or the Board of County Commissioners. Amy Allen, Parks Coordinator 10/25/2012 Packet Pg. 251  8.6.3.a CODE OF ORDINANCES Chapter 16 - PARKS AND RECREATION ARTICLE II. - COUNTY RECREATION AREAS AN ORDINANCE AMENDING THE COUNTY RECREATION AREAS Attachment: Proposed Ordinance 08-06 County Recreation Areas Revision 005 - DRAFT FORM (1122 : Public Hearing Request) PROVISIONS OF THE OKALOOSA COUNTY CODE OF ORDINANCES; PROHIBITING THE LEAVING OF ITEMS OF PERSONAL PROPERTY DURING SPECIFIED TIMES, OR DURING PERIODS THAT WILL INTERFERE WITH BEACH MAINTENANCE OR CLEANING; REVISING THE PROHIBITIONS OF OVERNIGHT CAMPING; PROHIBITING FIRES OR OPEN FLAMES EXCEPT AS PERMITTED; REVISING DEFINITIONS; AMENDING HOURS OF USE; REGULATING WEDDINGS; REVISING CONDITIONS; PROVIDING AN EFFECTIVE DATE AND REPEALING ALL ORDINANCES OR PROVISIONS THEREOF IN CONFLICT HEREWITH. WHEREAS, the recreational area provisions of the Okaloosa County Code of Ordinances have been reviewed and are in need of additional clarifications and revisions; and WHEREAS, items of personal property left on the beach overnight are obstacles for maintenance crews, security, and beach patrols, interfere with the public’s access, use and enjoyment of the beach, pose safety hazards, adversely affect aesthetic beauty, tourism, economic interests, and can be an obstruction for sea turtles; and WHEREAS, during the summer season especially, hundreds of beach tents, canopies, cabanas, shading devices, chairs, and other items of personal property have been left overnight on the beach; and WHEREAS, personal property which is left on the beach overnight constitutes a nuisance which is contrary to the public health, safety and welfare; and WHEREAS, in order to protect and maintain the use of the beach for residents, visitors, tourists, wildlife, sea turtles, maintenance crews, security, and beach patrols, the overnight placement of items of personal property on the beach must be prohibited; and WHEREAS, the personal property left on the beach is neither “lost property” nor “abandoned property” as those terms are defined in Section 705.101, Florida Statutes, because such property has neither been mislaid nor disposed of on the beach in a wrecked or inoperative condition, and that the regulation of personal property left on the beach overnight is not preempted by Chapter 705, Florida Statutes; and Okaloosa County, Florida, Code of Ordinances Page 2 of 22 Packet Pg. 252  8.6.3.a CODE OF ORDINANCES Chapter 16 - PARKS AND RECREATION ARTICLE II. - COUNTY RECREATION AREAS WHEREAS, public trash containers, lifeguard stands and associated items, signs placed by a Attachment: Proposed Ordinance 08-06 County Recreation Areas Revision 005 - DRAFT FORM (1122 : Public Hearing Request) governmental agency on the beach and beach areas, and public items, should be allowed to remain on the beach in order to further other important public interests and benefits. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA: SECTION 1. Sections 16-41, through 16-53 of Article II of the Okaloosa County Code of Ordinances are hereby amended and Section 16-54 and 16-55 are is added to read: “ARTICLE II. - COUNTY RECREATION AREAS [29] Sec. 16-41. - Definitions. Sec. 16-42. - Authority; purpose and intent. Sec. 16-43. - Regulation of use and conduct at the beach, cCounty parks, water bodies, and all recreational areas in unincorporated areas of Okaloosa County. Sec. 16-44. - Gulf of Mexico—Watercraft distance from shore, generally. Sec. 16-45. - Permitted vehicles on the beach, parks and recreation areas. Sec. 16-46. - Aircraft. Sec. 16-47. - Temporary use for special events. Sec. 16-48. - Commercial activity on public lands. Sec. 16-49. - Beach service stipulations. Sec. 16-50. - Permit for a designated beach property. Sec. 16-51. - Penalties. Sec. 16-52. - Hours of use. Sec. 16-53. - Advisory committee. Sec. 16-54. – Prohibited Vehicle Parking. Sec. 15-55. – Weddings Conducted in County Public Parks. Sec. 16-41. - Definitions. The