Fort Walton Beach Council agenda — 05-13-08 regular agenda — reading text

PROVIDING FOR AUTHORITY; AMENDING SECTION 7. 03.01, WATERFRONT FACILITY MAINTENANCE AND PARKING, TO AUTHORIZE FEE FOR BOAT LAUNCH /RECOVERY AT LIZA JACKSON PARK AND OVERNIGHT DOCKING FEE AT FORT WALTON LANDING; AMENDING CITY'S COMPREHENSIVE FEE SCHEDULE TO INCLUDE THE FEE STRUCTURE FOR BOAT LAUNCH /RECOVERY AT LIZA JACKSON PARK AND OVERNIGHT DOCKING FEE AT FORT WALTON LANDING; PROVIDING FOR PENALTY BY CITATION OF THE CITY POLICE DEPARTMENT, FINE AMOUNTS, AND PROCEDURES FOR HEARING AND APPEAL; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. Jeff Peters, Parks and Recreation Director, advised this ordinance was passed on first reading and he was available to answer any questions that Council might have. Council questioned whether state funds were available to help this project. Mr. Peters advised that before 2005, cities had to go through the counties to receive boating improvement funds, but after 2005, individual cities can go through the Florida Boating Improvement Program, but there is a stipulation that if fees are charged there is no difference between residents and non- residents. The City Manager informed the amount of funding available would be approximately $ 5, 000 annually, if the funds are available, and can only be used for capital outlay, it cannot be used for operating and maintenance. Mr. Peters anticipated that if fees are charged, the City could receive anywhere between $ 12, 500 to $ 18,000 annually, and would be used for maintenance of Liza Jackson Park, to include parking lots, boat slips, trash collection, restroom cleaning, mowing, etc. Discussion ensued regarding whether there was a priority to the implementation plan worked on by the City's former waterfront committee that included adding parking spaces and to improve the traffic flow through the park. The City Manager responded those are part of the capital budget and the CRA budget, which is dictated on the availability of funds, and the City would apply for boating improvement funds but also apply for FRDAP grants, where there is a city and state match. Upon questioning from Council, Mr. Peters advised that boaters generally use other elements of the park besides the boat ramps, such as the parking lots, trash containers, the restrooms, that the money will go toward. Mr. Peters mentioned the master plan includes the idea of connecting the west and east parking lots, and this is also something the fees could be used for. The Mayor opened the public hearing. 104 Regular Council 04 -22 -08 ORD. 1760 ( CONT) Mike Bridwell, 395 Canterbury Circle, was advised there is a proposed overnight fee to dock at the Landing, and there are two neighborhood boat launch facilities that do not charge, at Walkedge on Brooks Street and one in Gamier's Beach. Mr. Bridwell advised that with the limited incomes and cost of fuel, boating is one of the few recreations with no charge and that by charging it will take another benefit away from the citizens of the City. Phil Galmeier, 206 Buck Drive, stated he disagrees with the observation that boaters use the other facilities of the park, and stated he would like to see a survey. Mr. Galmeier also discussed the state Boaters Improvement Fund, and that money is available for boat ramp restoration and dredging. Mr. Galmeier expressed concern that there is nothing in the ordinance or the background information from Staff on how the fees are used; he feels they should be earmarked and since they are not, he considers it a tax, not a user fee. He advised he would like to see in black and white in the ordinance and the background information exactly how the City intends to use the funds. Mr. Galmeier expressed his opinion that the City cannot expect users of a specific facility to fund other things they do not use, and that the user fee has no accountability, and he disagrees with using the fees for the maintenance of the entire park. Eric Hills, 606 Country Club Avenue, also discussed earmarking the funds specifically for Liza Jackson Park, and that all users of the park should pay a fee, not just the boaters. Mr. Hills stated he feels the boating community is being singled out, and questioned the cost to the City to administer the program. Ray Forrest, Fort Walton Beach resident, also disagrees with the fees, advising he launches two kayaks and washes them at home when he is done. Mr. Forrest questioned how the fee was determined, and what alternatives, if any, were considered. He also questioned whether residents were considered being dismissed from the fee, and what portion of the property taxes actually goes to parks and recreation. Mr. Garvie responded to Mr. Forrest's question regarding resident vs. non -resident fees, and that because of the way the funding is, there is no distinction, it' s either a fee for everyone or a fee for no one. Tom Winters, Navarre resident, advised he frequents Liza Jackson Park and expressed concern of the speed that the ordinance was addressed, and the speed with which it was approved at the last meeting, and requested if the fee is enacted to be very clear as to how the funds will be allocated. The Mayor addressed the comment regarding the speed with which the ordinance was approved, and noted all ordinances are advertised several days ahead of time for second reading, it is not being rushed through, and that at the last meeting there were four citizens to speak on the subject and at this meeting there are more. Evelyn Lowery, Fort Walton Beach resident, noted that the park has been improved and disagreed that only boaters are being accessed a fee, and feels that everyone who utilizes the park should pay a fee as well. The City Manger advised, for the record, that people who reserve the pavilions at Liza Jackson Park do pay a fee for the reservation. Tiffany Spence, 320 Oakland Circle, stated she pays her taxes, that she is not rich and she 40 enjoys boating but at this time the economy is slow and people have limited income, and the fees will limit people from going boating and will hurt the economy in the City.  105 Regular Council 04 -22 -08 ORD. 1760 ( CONT) Travis Dewrell, Fort Walton Beach resident, stated he does not understand the need for the fee and he is against it, and feels that if there is a fee, City residents should not have to pay. Barbara deVaux, 348 Marie Circle, questioned whether people who paid an annual fee of $ 100 would be reimbursed if a hurricane destroyed the boat dock and could not be used. Ms. deVaux also questioned what the cost would be to set up the system of paying when someone launches their boat, and suggested that volunteers be used to improve Liza Jackson Park. Roy Hackney, Fort Walton Beach resident, spoke against the ordinance and gave his opinion that the residents and non -residents should be distinguished, and if not, that there should be no fee at all. Millie Thrush, 316 Sudduth Circle, spoke in favor of the fee, stating she understands the feelings of those opposed to the fee, but feels it is necessary for the fee because there is a direct correlation in all of the budgets; i. e., school board, city, county, and everyone is pressed with a deficit right now. Mrs. Thrush noted the correlation with voting yes in the tax amendment which is taking its toll, plus the decrease in property values and the higher cost of living are all factors that have made user fees necessary. As there was no one else who wished to speak, the public hearing was closed. Mr. Garvie moved to approve Ord. 1760 on second reading. Mr. Holmes seconded motion. Mr. Garvie explained his reasoning that user fees are becoming a way of life and that the $ 5. 00 fee is minimal when considering boaters will spend money on fuel for the boat, as well as food and drinks for their excursion. Mr. Minich moved to amend the motion after Line 44 in the chart as follows: to amend the verbiage `non resident' to the line that reads `Annual Unlimited Launch /Recovery-fee per trailer non- resident, $ 100.00, and to add the line immediately after that, ` Launch Recovery fee per trailer, resident, $ 25.00.' Mr. Holmes seconded the amendment. Mr. Minich stated that over a million dollars has to be removed from the City's budget, and there are many City facilities, such as the Senior Center, where people are paying to use it, and for these facilities to remain in the condition for the citizens to use, people will have to pay a fee as the City will no longer have the funds to maintain them properly. Mr. Minich feels the amendment for $ 25.00 for a resident is reasonable, as it would be for unlimited use, and that non -residents who use City facilities should pay a fee. Mr. Holmes agreed this amendment gives an opportunity for the residents to have a little benefit for living in the City and questioned whether it would be a burden to issue stickers. Mr. Peters advised the current plan is for residents and non -residents to purchase stickers at Customer Service at City Hall, and he is working with the IT Director on the type of stickers. The City Attorney advised it is her opinion that if the amendment passes, the ordinance would need to go back to first reading because it is a huge distinction between the original, and it would allow Staff more time to look into what other implications to distinguish between residents and non -residents, and the original motion to adopt would be void. The Mayor asked for the vote on the amendment and it failed by a vote of 2 to 3 with Pullen and Minich in favor and Holmes, Reeves, and Garvie opposed ( Miller and Hartwell absent). 106 Regular Council 04 -22 -08 ORD. 1760 ( CONT) The Mayor advised the ordinance stands as presented. The Mayor called for the vote on the motion to adopt Ord. 1760 on second reading and it failed by a vote of 2 to 3 with Holmes and Garvie in favor and Reeves, Pullen, and Minich opposed Miller and Hartwell absent). PUBLIC HEARING, ORD. 1759, PROPORTIONATE FAIR SHARE MITIGATION The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY COUNCIL OF FORT WALTON BEACH, FLORIDA, PROVIDING AUTHORITY; AMENDING CHAPTER 12. 32, CONCURRENCY, VOLUME IV OF THE LAND DEVELOPMENT CODE OF THE CITY OF FORT WALTON BEACH, BY ADOPTING SECTION 12.32. 11, ENTITLED PROPORTIONATE FAIR SHARE MITIGATION, ADOPTING PROVISIONS FOR PURPOSE AND APPLICABILITY; ESTABLISHING GENERAL REQUIREMENTS FOR AN APPLICANT DEVELOPER TO SATISFY TRANSPORTATION CONCURRENCY REQUIREMENTS BY MAKING PROPORTIONATE FAIR SHARE CONTRIBUTION; PROVIDING FOR INTERGOVERNMENTAL COORDINATION; ESTABLISHING AN APPLICATION PROCESS AND METHOD FOR DETERMINING PROPORTIONATE FAIR SHARE OBLIGATIONS AND IMPACT FEE CREDITS FOR MITIGATION; AUTHORIZING PROPORTIONATE FAIR SHARE AGREEMENTS; PROVIDING FOR APPROPRIATION OF AND ACCOUNTING FOR FAIR SHARE REVENUES; PROVIDING FOR PROPORTIONATE FAIR SHARE ASSESSMENT TRANSPORTATION IN CONCURRENCY EXCEPTION AREAS, TRANSPORTATION CONCURRENCY MANAGEMENT AREAS, AND