Fort Walton Beach Council agenda — 11-08-05 ‎(regular)‎ — reading text

insert the words " Community, or use Special Community" between the words " city" and " parks" on Line 676, to have the amended paragraph read as follows: uThe owner or custodian of an animal shall have direct control at all times while the animal is in a Community, or Special Use Community park or near a recreational cultural center. He further moved to delete Lines 680 through 682, which states Considering the health and safety of all users of city parks, the Council shall by resolution set forth a policy of when and under which conditions animals shall be allowed at the city parks." Mr. Holmes seconded motion. Mr. Minich clarified if the amended motion is adopted, this deletion is not needed since it deals with control of the animal. The City Manager inquired if language could be added to include the Mooney Park Tennis Court since it is not specifically defined as a community or neighborhood park, and that would ensure animals could not run free at the park. Mr. Minich advised he would make that motion after the vote is taken on the present motion. The City Attorney suggested the Mooney Park Tennis Court be designated as one of the parks in a future ordinance. The Mayor called for vote on the amendment and it carried by a vote of 6 to 1 with Holmes, Patterson, Campbell, Tucker, Hartwell, and Minich in favor and Pullen opposed. The Mayor called for the vote on the motion to adopt Ord. 1669 as amended, and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. ORD. 1670- PURCHASING POLICIES. CITY MANAGER SPENDING AUTHORITY The City Manager read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH FLORIDA REPEALING SECTION 2- 266, PURCHASING POLICIES AND PROCEDURES OF THE CODE OF ORDINANCES OF THE CITY OF FORT WALTON BEACH FLORIDA; ADOPTING A NEW SECTION ENTITLED PURCHASING WHICH INCREASES THE AMOUNT OF PURCHASES REQUIRED TO UNDERGO PUBLIC ADVERTISEMENT AND COMPETITION FROM $ 12, 000 TO $20, 000 AND INCREASES LEVEL OF CITY MANAGER' S SPENDING AUTHORITY FROM $ 20,000 TO 25, 000 FOR EQUIPMENT AND VEHICLE REPAIRS; ESTABLISHING AN EFFECTIVE DATE. The Mayor opened the public hearing. As there was none, the public hearing was closed: Mr. Minich moved to adopt Ord. 1670 on first reading. Mr. Campbell seconded motion. Dr. Pullen moved to amend the motion to raise the spending authority to a more appropriate level for equipment and vehicle repairs. Discussion ensued as to whether an amount of $ 50, 000 would be considered a reasonable amount for emergency repairs. The City Attorney explained there is no distinction to emergency repairs in the ordinance, and if a said amount was put in, the City Manager would be limited to that amount, and could not purchase any new equipment. 8 o o 10/ 25/ 05 ORD. 1670 ( CONTI Dr. Pullen withdrew his amendment to the motion. The Mayor called for the vote on the motion to adopt Ord. 1670 and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. ORD. 1671- WRECKERS The City Attorney read the ordinance by title only. AN ORDINANCE ( 1671 - A) OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY; REPEALING IN ITS ENTIRETY THE CURRENT CHAPTER 38, WRECKERS; ADOPTING A NEW SECTION ENTITLED WRECKER OPERATIONS AND SERVICES; ESTABLISHING WRECKER ROTATION PROGRAM; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. B) OF THE CITY OF FORTWALTON BEACH, FLORIDA; PROVIDING AN ORDINANCE ( 1671- AUTHORITY; REPEALING IN ITS ENTIRETY THE CURRENT CHAPTER 38 WRECKERS; ADOPTING A NEW SECTION ENTITLED WRECKER OPERATIONS AND SERVICES; REGULATING WRECKER OPERATIONS ON PRIVATE PROPERTY; ESTABLISHING WRECKER ROTATION PROGRAM; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. The Mayor advised this ordinance will be discussed at the November 22 Council workshop. ORD. 1672- LDC. SITE SPECIFIC ZONING AND DEVELOPMENT The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH FLORIDA REPEALING SECTION 20- 692, LAND DEVELOPMENT CODE, ENTITLED SITE SPECIFIC ZONING AND DEVELOPMENT; AND PROVIDING AN EFFECTIVE DATE. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Holmes moved to adopt Ord. 1672 on first reading. Mr. Campbell seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. BOARD OF ADJUSTMENT PROCEDURES ORD. 1673- The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH FLORIDA REPEALING SECTION 20- 346, OF THE CODE OF ORDINANCES ENTITLED RULES OF PROCEDURE FOR BOARD OF ADJUSTMENT; AUTHORIZING BOARD OF ADJUSTMENT TO ADOPT ITS RULES OF PROCEDURE BY MAJORITY OF VOTE OF THE ENTIRE MEMBERSHIP; AND PROVIDING AN EFFECTIVE DATE. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Campbell moved to adopt Ord. 1673 on first reading. Mr. Minich seconded motion.  9 10/ 25/ 05 o o ORD. 1673 ( CONTI Dr. Pullen moved to amend the motion by amending the language on Line 221 from "by a majority of the entire membership" to read " by a majority of the quorum present." Mr. Hartwell seconded motion. . Dr. Pullen noted that sometimes all members are not present, and the way the ordinance reads the entire membership must be present. The City Attorney advised there are requirements already in the Code that state boards can adopt rules of procedures by a majority vote of the entire membership. She informed that one of the main reasons the information is coming out of the code is so there is consistency among the treatment of the various boards in the code, and the amendment, if adopted, would put back diversity into the boards. The Mayor called for the vote on the amendment and it failed by a vote of 3 to 4 with Patterson, Tucker, and Pullen in favor and Holmes, Campbell, Hartwell, and Minich opposed. The Mayor called for the vote on the motion to adopt Ord. 1673 on first reading and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. ORD. 1674- REPEAL OF FEE PROVISIONS The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT W ALTON BEACH FLORIDA REPEALING FEE PROVISIONS THROUGHOUT THE CODE OF ORDINANCES; ENACTING ENABLING PROVISIONS IN LIEU OF THE FEE PROVISION THAT WILL PROVIDE FOR ALL FEES IN THE COMPREHENSIVE FEE SCHEDULE; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING A SAVING CLAUSE; AND PROVIDING A FUTURE EFFECTIVE DATE. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Tucker moved to adopt Ord. 1674 on first reading. Mr. Minich seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. ORD. BASED REFERENCES 1675-GENDER- The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH FLORIDA AMENDING NUMEROUS PROVISIONS THROUGHOUT THE CODE OF ORDINANCES TO ELIMINATE GENDER-BASED REFERENCES; PROVIDING A SAVING CLAUSE; AND PROVIDING A FUTURE EFFECTIVE. DATE. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Tucker moved to adopt Ord. 1675 on first reading. Mr. Minich seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. 10 o o 10/ 25/ 05 ORD. 1677- EMERGENCY MANAGEMENT AGENCY The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH FLORIDA AMENDED SECTION 14- 26 THROUGH 14- 32, OF THE CODE OF ORDINANCES, ENTITLED EMERGENCY MANAGEMENT AGENCY; AUTHORIZING AGENCY TO PROMULGATE RULES AND PROCEDURES TO ENSURE MAXIMUM ADMINISTRATIVE CONTROL IN TIMES OF EMERGENCIES; AND PROVIDING AN EFFECTIVE DATE. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Campbell moved to adopt Ord. 1677 on first reading. Mr. Patterson seconded motion. Discussion' ensued regarding the authority of the City Manager in the event a quorum of Council cannot be assembled. The City Attorney clarified the ordinance addresses administration of the City Manager' s personnel during the time of emergencies, and does not change the authority of the City Manager. Further discussion ensued as to whether provisions were in place that address the City Managers' spending authority in the event of an emergency. The City Manager advised Ord. 1670 addresses the spending authority of the City Manager, and a provision can be put in that ordinance as to spending authority by the City Manager during an emergency if a quorum of Council cannot be assembled. Mike Dutton, Fire Chief, advised that in other jurisdictions, Council is asked to declare an emergency if one is forthcoming, such as a category 5 hurricane, and that authorizes the City Manager to do what needs to be done before the actual. emergency occurs. The Mayor called for the vote on the motion and It carried unanimously with Holmes, Patterson, Campbel.l, Tucker, Pullen, Hartwell, and Minich in favor. ORD. 1678- UPDATE OF CODE The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH FLORIDA TO UPDATE THE CODE OF ORDINANCES BY REPEALING SECTIONS 2- 211 AND 2- 212, CITY CLERK, 2- 151 AND 2- 152, DATA PROCESSING DEPARTMENT, 2- 166 THROUGH 2- 168, PUBLIC WORKS DEPARTMENT, AND 2-246, GOLF COURSE, OF THE CODE OF ORDINANCES; ADOPTING NEW SECTIONS TO FURTHER INTENT OF CHARTER BY STATING CHARTER OFFICERS AND DUTIES, ESTABLISHING DEPARTMENTS, AND STATING CITY MANAGER' S AUTHORITY; AND PROVIDING AN EFFECTIVE DATE. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Patterson moved to adopt Ord. 1678 on first reading. Mr. Minich seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. ORD. 1679-0CCUPATIONAL LICENSES The City Attorney read the ordinance by title only.  o 11 10/ 25/ 05 o ORD. 1679-0CCUPATIONAL LICENSES ( CONT) AN ORDINANCE OF THE CITY OF FORT WALTON BEACH FLORIDA RELATING TO OCCUPATIONAL LICENSING; REPEALING ARTICLE IV, OF THE CODE OF ORDINANCES, ENTITLED OCCUPATIONAL LICENSE TAX, SECTIONS 22- 81 THROUGH 22-98; ENACTING A NEW CHAPTER OF THE CODE OF ORDINANCES ENTITLED OCCUPATIONAL LICENSE REQUIRED; REORGANIZING AND UPDATING PROVISIONS, AND PROVIDING FOR FEES TO BE ESTABLISHED AND AMENDED IN THE COMPREHENSIVE FEE SCHEDULE; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Hartwell moved to adopt Ord. 1679 on first reading. Mr. Campbell seconded motion and It carried unanimously with Holmes, Patterson, Campbell,