Fort Walton Beach Council agenda — 01-10-06 Regular — reading text

lowest, responsive, responsible bidders for the purchase of pesticides and herbicides on an as needed basis to control the growth of undesirable the spread of plant disease, and the proliferation of harmful insects in the maintenance of plants, the City's Golf Club fairways, greens, tees, and rough; and the parks sports fields, sewer spray fields, and plant beds maintained by other City departments, in the budgeted amount of 235, 285.00. CHANGE IN LEGAL DESCRIPTION. HOLLYWOOD COMMERCIAL SUBDIVISION To ratify a change in the legal description on the Final Plat into two (2) platted lots for the purpose of transfer of ownership for the Hollywood Commercial Subdivision located at 745-749 Hollywood Boulevard NW. REMOVAL OF FIXED ASSETS To authorize the removal of fixed assets per Florida State Statute Title XVIII, Chapter 274.07, from the City's accounting inventory and record it in the City Council minutes for items that were disposed of during FY 2004- 05. NW FLORIDA LEGISLATIVE DAY PARTICIPATION To authorize the City of Fort Walton Beach to participate in the 6th Annual Northwest Florida Legislative Dayin Tallahassee at the silver level requiring a contribution of $250; and sponsorship further authorize the City to set up a booth at the event which is scheduled for February 8, 2006. PUBLIC HEARING AGENDA-ORD. 1665. REZONING OF 106 JONQUIL AVENUE The City Attomey read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, RELATING TO THE REZONING OF CERTAIN PROPERTY WITHIN THE CITY OF FORT WALTON BEACH LOCATED AT 106 JONQUIL AVENUE NW; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR PROPERTY TO BE REZONED FROM C- 1 ( LIMITED COMMERCIAL) DISTRICT TO R- 2 ( MULTIFAMILY DWELLING) DISTRICT; PROVIDING FOR A ZONING MAP AMENDMENT; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.  51 12/ 13/ 05 ORD. 1665 ( CONTI The City Attorney announced a quasi-judicial proceeding and swore in those who planned to testify. Len Mitchell, Long- Range Planning Manager, submitted the Staff Report into the record. The Mayor accepted the Staff Report into the record. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Campbell moved to adopt Ord. 1665 on second reading. Mr. Patterson seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. ORD. 1666- ADOPTION OF AMENDED OFFICIAL ZONING MAP The City Attorney read the ordinance title by only. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, ADOPTING THE AMENDED OFFICIAL ZONING MAP OF THE CITY OF FORT WALTON BEACH, FLORIDA; RESOLVING CONFLICTS; AND SETTING AN EFFECTIVE DATE. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Minich moved to adopt Ord. 1666 on second reading. Mr. Hartwell seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. ORD. 1684- TERM LIMITS. MPB The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; GENERALLY PERTAINING TO TERM LIMITATIONS; AMENDING SECTION 2- 57( b), TERMS OF MEMBER; LIMITATIONS, TO CORRECT INCONSISTENCY REGARDING CODE ENFORCEMENT BOARD MEMBER TERM LIMITATION; AMENDING SECTION 20-65 ( a), OFFICERS; QUORUM; RULES OF PROCEDURE FOR MUNICIPAL PLANNING BOARD, TO DELETE TERM LIMITATION FOR CHAIRPERSON AND VICE- CHAIRPERSON OF THE MUNICIPAL PLANNING BOARD; PROVIDING FOR SEVERABILITY; ESTABLISHING AN EFFECTIVE DATE. The Mayor asked Council to consider changing the effective date to apply to the next chairman of the MPB if the ordinance is adopted. Dr. Pullen moved to adopt Ord. 1684 on second reading. Mr. Tucker seconded motion. Mr. Hartwell stated his feeling the ordinance corrects an inconsistency within the MPB only, and that the ordinance be amended to address all the boards and committees in order to obtain consistency. Mr. Hartwell moved to amend the motion to state that the terms of the chairman for all boards and committees is one calendar year, and the term limit for all members of all the boards and committees is unlimited. Mr. Tucker seconded motion. The City Attorney reminded that the ordinance is on second reading, and explained that if the amendment were to be adopted, the ordinance would have to go back to first reading as the change is substantive. I I 1 2 12/ 13/ 05 ORC. 1684 ( CONTI Discussion ensued regarding the consistency issue; the proposed amendment to the ordinance; and that if the amendment was approved; the ordinance would come back for first reading in January. Mr. Tucker withdrew his second. Mr. Minich advised that according to Roberts Rules of Order, once a motion is on the floor it belongs on the table and cannot be withdrawn. Mr. Tucker moved to suspend Roberts Rules of Order for this item. Dr. Pullen seconded motion and it carried by a vote of 5 to 2 with Holmes, Patterson, Tucker, Pullen, and Hartwell in favor and Campbell and Minich opposed. Mr. Tucker withdrew his second. The Mayor asked for a second to the amendment. As there was none, the amendment died for lack of a second. The Mayor asked for a motion to reinstate Roberts Rules of Order. Mr. Tucker moved to reinstate Roberts Rules of Order. Mr. Minich seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. Discussion ensued regarding the function of a chairman of a board is to run the meeting; that all individuals should be given the opportunity to serve as a chair for a board or committee; that the boards have the opportunity to choose a new chair each year if they feel he or she is not doing the individuals job; and the opinion of some on Council that the ordinance gives preference to certain of the MPB. Dr. Pullen took offense to the statement that he or the chairman of the MPB have a personal noted that other agenda and that preference is given to that particular board. Dr. Pullen also boards have elected the same chairman several times, and Council should not try to " micro- manage" the individual boards and committees. The City Attorney clarified that the effective date of the ordinance would be the date it is adopted by Council. The Mayor called for the vote on the motion to adopt Ord. 1684 on second reading and it failed by a vote of 3 to 4 with Patterson, Tucker, and Pullen in favor and Holmes, Campbell, Hartwell, and Minich opposed. Mr. Tucker expressed his thoughts that the Sunshine Law prevents effective communication among the boards and that it "chokes" municipal government at its lowest level. ORD. 1686. GENERAL EMPLOYEES RETIREMENT PLAN The City Attorney read the ordinance by title only. THE AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, RELATING TO FOR GENERAL EMPLOYEES' RETIREMENT PLAN; AMENDING SECTION 17- 13 TO PROVIDE A ONE- TIME ELECTION TO PARTICIPATE IN THE PLAN FOR NONMEMBERS; AMENDING PAST SECTION 17- 14 TO PROVIDE FOR THE PURCHASE OF SERVICE CREDIT FOR SERVICE WITH THE CITY; AMENDING SECTION 17- 23 TO PROVIDE FOR THE DIRECT  12/ 13/ 05 53 ORD. 1686 ( CONTI TRANSFER FROM ELIGIBLE 457 PLAN TO PURCHASE PAST SERVICE; PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Mark Wiltsie, Human Resources Director, explained that the ordinance who have not participated in the would allow employees program for whatever reasons the service if they pay the full actuarial ability to purchase past credited value, and neither the additional costs. City or the plan would incur any The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Tucker moved to adopt Ord. 1686 on first reading. Mr. Holmes seconded carried unanimously with Holmes, motion and it Patterson, Campbell, Tucker, Pullen, Minich in favor. Hartwell, and ORD. 1654- REZONING PROPERTY AT 1988 AND 1992 The City attomey read the LEWIS TURNER BLVD. ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, REZONING OF CERTAIN PROPERTY FLORIDA, RELATING TO THE WITHIN THE CITY OF FORT WALTON LOCATED AT 1988 AND 1992 LEWIS BEACH TURNER BOULEVARD; PROVIDING FOR PROVIDING FOR FINDINGS OF FACT; AUTHORITY;