Fort Walton Beach Council minutes — 05-09-06 workshop minutes — reading text

205 MINUTES OF THE COUNCIL WORKSHOP MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA MAY 9, 2006 INTRODUCTION A Council Workshop Meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, May 9, 2006, at 5: 30 p. m. with the following members present: Councilmen: Mike Holmes, Bill Patterson, Bob Campbell, ( Mayor Pro Tern), Jim Tucker, Dr. r Pullen, Jim Hartwell, and Mike Minich Wayne Absent: Mayor Mike Anderson Also Present: Joyce Shanahan, City Manager; Helen Spencer, City Clerk; Finance Director Position vacant); Toni Craig, City Attorney; and Department Directors CALL TO ORDER The Mayor Pro Tem called the meeting to order. PLEDGE OF ALLEGIANCE The Mayor Pro Tem led in the Pledge of Allegiance. PROPOSED WRECKER ORDINANCE Discussion on issues that were raised during meeting with Wrecker Companies about proposed Ordinance. The City Attorney mentioned there was an informal workshop to receive input from wrecker operators and owners on proposed Ordinance 1671. She gave a power point presentation that covered the wrecker regulation laws, how the Florida Highway, County and City interplay; and the Florida Statutes that govern the wrecker operations and services. She briefly went over the proposed Ordinance 1671 which addresses registration and permitting; complaints; a rotation wrecker towing system; storage area requirements; conditions for private property towing; maximum towing and storage fees; payment by cash or valid major credit card/ debit card; release upon operator return; itemized receipt for towing services; prohibits certain actions; lien procedures; and penalties. She then briefly went over the three corresponding Resolutions which establish Hearing Officer procedures, establish administrative procedures for the rotation wrecker program; and establish the maximum fees. The City Attorney mentioned that Council will need to make certain policy decisions on registration, storage manning, storage yard size, notification of "Tow Zone", evidentiary pro f/record keeping, and requirement to take payment by credit card. Charlene Greenwald, 206 Jet Drive NW, received explanation that the six hours of free time is free time at the storage yard. Ms. Greenwald encouraged Council to eliminate roam towing and to start thinking about a parking garage. Debbie Cobb, C & B Towing, 33 Robinwood Drive, wished to know if the property owners in the City had been notified about having to post signs on where the rates can be read, who the tow company is, and to notify the tenants by mail. The City Attorney explained the burden is on the towing company to follow the requirements since the licensing, registration and permitting is for the company and the operators. She said there will be two notices on the Ordinance itself and it will be read twice. Ms. Cobb mentioned she cannot control whether or not the rates are kept posted on the complex bulletin boards and it is not feasible for the towing company to check daily. She also mentioned the tenants also have an issue with more signs being posted on their grounds. 206 Council Workshop 5- 9- 06 PROPOSED WRECKER ORDINANCE cont. Ms. Cobb also mentioned another issue with the Police Chief to determine the parking needs and what is considered illegal parking within the complex. The City Attorney explained that relates to the rules regarding the towing, not the parking rules within the complex. Jessie Holmes, 103 Boyce Drive, mentioned an item overloQked on private property towing in that the law enforcement agency of jurisdiction needs to be notified within 30 minutes after a vehicle is I', towed. The City Attorney explained that is a State Statute and there are a lot of requirements in the State Statute she did not duplicate in the ordinance. As there was no further public input, the City 1 Attorney reviewed the policy issues that needed a decision by Council so an ordinance can be brought to Council in final form. First was how to control the registration: should the vehicle itself be registered regardless of who is driving and operating or who may own it, or should each owner and operator be registered and be put on the registration list in that form. An exchange of views was held on how to determine a company is put on the rotation system when there are multiple companies in one location or one vehicle used by multiple companies,and there aremultiple vehicles registered to one company. There was consensus that the City Attorney will work out the language on the rotation program that it will state one company will provide a list of trucks and no other company would use those trucks. Second was storage facilities manning: should the storage facilities be manned during regular business hours, knowing there is a one hour response time. The City Attorney noted the key is the response time, where there could be business hours but not necessarily a man in the storage yard which would increase the amount of waiting time. Discussion ensued on the additional burden to the small companies if required to man the storage yard, and whether or not to reduce the one hour response time or to require the manning during the regular business hours of 8: 00 to 6:00 Monday through Friday. The City Attorney pointed out the response time applies at any time, and another suggestion may be to reduce the response time during off duty hours so there is a closer response time, whether or not it is manned. The City Attorney commented she will draft the ordinance as stringent as possible to protect the vehicle owner, and then Council can make the decision on whether or not to loosen the stringency. Third was storage yard size: should the size of the storage yard be determined by the number of average vehicles pulled during any rotation cycle. The City Attorney noted that most of the operators agreed that the 7500 square foot size was adequate and unless there is some reason for Council to change it, suggested it be left. Fourth was notification of "tow zone": signs are determined by State Statute and can be purchased through the state; this is an additional burden for the property owners. The City Attorney mentioned the signage was left in the ordinance because it is necessary to protect the person having their vehicle towed, but Council can change it if they wish. Fifth and sixth was evidentiary proof and record keeping: should photographs be required and how long they should be maintained. T he City Attorney will provide the statute of limitations on maintaining photographs. Seventh was acceptance of credit cards: should the companies be required to take payments by credit card, and stipulated to accept payment VISA and MasterCard. There was consensus of by Council to require the acceptance of credit cards but to delete the stipulation.  207 Council Workshop 5- 9- 06 BOARD/ COMMITTEE MEMBERSHIP AND ABSENCES Discussion about board/ committee membership and absences. Dr. Pullen mentioned some of the boards/ committees need help because when they hold meetings they do not have enough members present for a quorum. He mentioned he will recommend membership of several boards and committees be reduced to five members with two alternates. He suggested the boards and committees that should be reduced to five members with two r alternates the Beautification Committeerrree Board; the Golf Club Ad- Hoc Advisory are: Committee; and the Historic Sites and Structures Advisory Board, and that the Waters Edge Ad Hoc Committee be reduced to six members of three boat owners and three non- boat owners. He l noted the Waters Edge has already made a request to reduce their membership to six, but he would encourage there be two alternates of one boat owner and one non- boat owner. He noted the Vision Plan Stewardship Committee can be discussed at a later date and mentioned the Housing Authority may also lower their membership because they have a problem with a quorum. It was whether all the members would have to be re- appointed to the questioned boards/committees. The City Attorney advised that most of the boards or committees have vacancies, and if done at the right time there will just be no re- appointment for the vacancies. A brief discussion ensued on reducing the membership and whether or not there should be alternates on the boards/ committees. NEIGHBORHOOD MEETINGS Discussion about neighborhood meetings. Due to the late hour, Dr. Pullen will bring this issue up under Mayor/Council announcements during