Okaloosa County BOCC — September 3, 2013 — reading text

their request to relocate to Gate B6 at the Northwest Florida Regional Airport. District: All b. Request approval of and authorize the Chairman to execute a deed and related documentation for the sale of Parcel 14 within the Bob Sikes Industrial Park in Crestview. District: All c. Request approval of the Cell Phone Waiting Area Feasibility and Alternative Analysis Recommendation to include designing, bidding and construction. District: All d. Request approval of Williams Electric's request to relinquish two hangars back to Okaloosa County. District: All e. Request approval of and authorize the Chairman to execute Amendment Number One to the Romjue Advertising Contract. District: All VIII. New Business 1. Request consideration and staff direction concerning state and federal legislative issues for 2014. District: All. IX. Old Business 1. Request Board discussion and approval of responses to findings identified by the Auditor General's Office report dated October 17, 2013. District: All X. Public Comments Okaloosa County adheres to the Americans with Disabilities Act and will make reasonable accommodations for access to this meeting upon request. Please call the County Administrator’s Office at (850) 651-7515 to make a request. For Hearing Impaired, Dial 1-800-955-8771 (TDD), and 1-800-955-8770 (Voice). Requests must be received at least 48 hours in advance of the meeting in order for Okaloosa County to provide the requested service. Okaloosa County Board of Commissioners Page 5 Printed 11/1/2013  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 5, 2013 TO: Honorable Chairman and Members of the Board FROM: Kathy Newby, Public Information Officer SUBJECT: Public Information Officer Presentation The Public Information Officer's PowerPoint presentation is attached. Packet Pg. 6  www.okaloosafl.com Please silence all pagers & cell phones for Board of County Commission Meeting. All visitors must speak into microphone for live broadcast & give name & address. Packet Pg. 7 Packet Pg. 8 Okaloosa Co. Time Capsule Content Goal: Create a picture of community to show in the future, and include significant events from 2013. Objectives: Broke into categories: Agriculture, Chronology & History, Local Flavor, Military, Municipalities, Libraries & Museums, Pop culture & Technology. All items explained and documented. Packet Pg. 9  What will Bob Sikes look like? How big will these trees be? Packet Pg. 10 WWW.alandremembered.com/fort_walton_beach/ Packet Pg. 11 Like us on FB at Okaloosa Viva 500! Packet Pg. 12 Packet Pg. 13  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 5, 2013 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Chapter 2 Zoning Regulations, creating new subsection 2.20.09 entitl DEPARTMENT: Growth Management BCC DISTRICT: 5 Commissioner Windes PUBLIC HEARING: Consideration of a request for changes to the Land Development Code submitted by the Department of Growth Management revising Chapter 2 Zoning Regulations, Section 2.20.00 “Special Uses”, creating new subsection 2.20.09 entitled “Aircraft Restricted Zone.” First of two public hearings, the second hearing is scheduled for November 19, 2013. STAFF FINDINGS: Due to the increased operation of helicopter sightseeing businesses in the County staff was directed by the Board of County Commissioners to investigate the regulation of aircraft-related businesses and private airports. This direction resulted in revisions to the zoning regulations in October, 2012 which required that aerial sightseeing businesses be conducted from a duly licensed and permitted airport. To date, the zoning regulations did not extend beyond the shoreline into the water. By law, the only regulatory control the County has over aircraft or airports is through zoning regulations. In apparent recognition of this a helicopter sightseeing business began operations from a floating platform on the water at various locations in and around East Pass and Destin Harbor. Conflicts involving water-resource use are readily apparent in the East Pass/Destin Harbor area. It is common local knowledge that during the summer tourist season and in particular on weekends and holidays the area in and around East Pass, Old Pass, and “Crab Island” is heavily used by all manner of swimmers, divers, rental vessels, charter boats, recreational vessels, kayaks, canoes, personal watercraft, rubber floats, parasails, flying boats, various commercial vendors, and some things that defy description. For the most part, these can be considered water-dependent or at least water-related to the extent that being on the water is essential or important for these things to occur. This area is considered locally to be the most congested water-use area of Okaloosa County. According to Boating Accidents Statistical Report 2012 published by the Florida Fish and Wildlife Conservation Commission, Okaloosa County is number 5 out of the top ten counties for reportable boating accidents. This report shows a preponderant occurrence of boating accidents in the vicinity of the East Pass/Destin Harbor area with the primary cause being collisions between vessels. The introduction of aircraft and aircraft-type operations such as hang gliders, parasail rides, hot air balloons, helicopter rides, seaplane rides, glider excursions, and similar operations in the vicinity of East Pass creates unnecessary potential conflict between these types of operations and lawful water-related recreational activities such as boating, swimming, fishing, etc. There are abundant areas available for these types of operations other than the East Pass/Destin Harbor area. The proposed regulated zone represents a fraction of the surface waters in Okaloosa County available for aircraft take-offs and landings. Packet Pg. 14 The proposed regulation would: 1) only apply to the water surface not the water column or state submerged lands; 2) be confined to a distinguishable area defined by channel markers as shown on nautical charts, and; 3) be intended for zoning purposes only and relates strictly to local control over ground and water space, and is not intended in any way to regulate aircraft safety, navigable airspace, aircraft noise, aircraft in flight, vessel equipment performance or safety standards, or the operation of vessels PUBLIC COMMENT/OPPOSITION: Seven persons spoke in opposition to the proposed regulation at the Planning Commission public hearing. A petition was entered by Misty Hurley and is attached as Exhibit 1. A prepared statement was entered by Michael Percy and attached as Exhibit 2. PLANNING COMMISSION: Considerable testimony was presented at a public hearing held October 10, 2013. The Commission concluded that there was a lack of any statistical basis for concluding that a safety problem exists and, even assuming that there was a problem, the proposed regulation would solve it. A motion was made to recommend against adoption of this regulation and any further action other than to monitor the situation to determine if problems arise. This motion was approved by unanimous vote. MILITARY REPRESENTATIVE: No comment. STAFF POSITION: Staff supports the requested change to the Land Development Code. RECOMMENDATION: It is recommended that the Board consider the facts presented herein, the Planning Commission recommendation, as well as any other facts that may be presented at the public hearing, and then make a final decision at the November 19, 2013 public hearing. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 15  ATTACHMENT A 2.20.09 AIRCRAFT RESTRICTED ZONE 2.20.091. Purpose: Protect the public health, safety, and welfare by reducing potential conflicts between aircraft operations and lawful water-related recreational activities such as boating, fishing, swimming, etc. due to intense and extensive boating activity and water-related recreational use, vessel traffic congestion, obstructed visibility, danger of crash and collision, frequency and occurrence of boating accidents, and availability of other areas for aircraft operations. 2.20.092: Aircraft Restricted Zone: The Aircraft Restricted Zone is the water surface included within the area described as follows and referenced to NOAA Chart No.11385: beginning at beacon G “15” heading 90 degrees east, more or less, to the city limits of the City of Destin; thence following the city limit boundary through the area known as “East Pass” to a line between channel lights G “3” and R “4”; thence northwesterly along the shoreline of Okaloosa Island to a point southwest of beacon G “5”; thence in a line heading 15 degrees north, more or less, to beacon G “15”. 2.20.093 Aircraft Defined: For purposes of this subsection “aircraft” means a device that is used or intended to be used for flight in the air. This specifically includes: hang gliders, parasail rides, hot air balloons, helicopter rides, seaplane rides, glider excursions, water-propelled “jetpacks”, and similar operations. 2.20.094 Restrictions: Within the zone described in 2.20.92 above the departure and takeoff or arrival and landing of any aircraft as defined herein shall be prohibited. This includes any such departure and takeoff or arrival and landing conducted from the water, a vessel, barge, platform, floating structure or other similar means. This restriction relates strictly to control over ground space and is not intended in any way to regulate aircraft safety, navigable airspace, aircraft noise, aircraft in flight, vessel equipment performance or safety standards, or the operation of vessels. Packet Pg. 16 Packet Pg. 17 Packet Pg. 18 Packet Pg. 19 Packet Pg. 20 Packet Pg. 21 Packet Pg. 22 Packet Pg. 23 Packet Pg. 24 Packet Pg. 25 Packet Pg. 26 Packet Pg. 27 Packet Pg. 28 Packet Pg. 29 Packet Pg. 30  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 5, 2013 TO: Honorable Chairman and Members of the Board FROM: Sunil Harman SUBJECT: Airport Revenue Refunding Bonds Public Hearing DEPARTMENT: Airport BCC DISTRICT: All STATEMENT OF ISSUE: The Board of County Commissioners is requested to conduct a public hearing in compliance with the Internal Revenue Code of 1986, to receive comments for or against the issuance of Airport Revenue