Fort Walton Beach Council agenda — 04-28-09 regular — reading text

Inc. and outside counsel Andrea Zelman agreed, but took time to caution council about the legal ramifications of going down that path. Zelman said the reason the planning consultant didn' t broaden the definition of family to apply to other zoning districts was it was " focusing on the draft short-term rental ordinance in single- family districts," not the entire city. There) is so much litigation over that term (family), I hate to have the short-term rental ordinance hung up over that term," consultant Dave Depew said. See the complete story in Saturday's Gondolier Sun. B i1o.. x b e..for 1a - rna1 . jc: By Sheila Mullane Estrada St. Petersburg Times, 12/ 19/ 08 TREASURE ISLAND -- Up to 4 percent of Treasure Island homes are in foreclosure and vacant, city officials estimate, often resulting in unkempt lawns and other maintenance issues. On Tuesday, the City Commission took action, passing an ordinance that holds the foreclosing banks or other financial institutions responsible for maintaining these properties. We think there are between 50 and 80 properties out of 2,000 or more parcels in the city that are in some stage of foreclosure," City Manager Reid Silverboard said. He said more and more frequently, when neighbors complain about overgrown lawns, code enforcement discovers the property is vacant and in foreclosure. The new ordinance, which applies to both residential and commercial properties, imposes fines of up to $ 500 a day for banks if they do not register any vacant properties that are in foreclosure with the city police department. Fines for specific code violations, particularly relating to failure to maintain the properties, will be imposed as well under the new ordinance, which applies to all property owners, including lenders, trustees and service companies with an equity interest in a foreclosure property. We really don't know if this is going to help at all," city attorney Maura Kiefer said last month when the ordinance was first considered. " We are in uncharted territory. All I know is we have had zero cooperation from the banks when our staff tried to contact them. They got hung up on." City re- enters library cooperative It's official. Treasure Island is once again a full -fledged, dues -paying member of the Gulf Beaches Public Library. The City Commission approved a one -year contract with the library Tuesday, pledging to pay $ 45, 463 to support the library through the end of next September. Next summer, Mayor Mary Maloof said the city will likely again " fight the same battle" over the level of the city's participation in the library cooperative. Other member cities include Madeira Beach, Redington Beach, North Redington Beach and Redington Shores. During budget discussions earlier this year, the Treasure Island Commission decided to not to pay its then - scheduled library contribution of $107, 000, arguing the city could not afford to continue subsidizing the membership for its citizens. Months of controversy led library board members to fire the library's director and some other staff members and completely restructure the library's finances. These actions -- and a significant discount to all member towns --- led Treasure Island commissioners to change their minds. As a result of the City Commission digging in its heels we have achieved a cost savings for every member of the cooperative," City Manager Reid Silverboard told the commission earlier this month. The city's residents now can use the library services at no cost. Those who paid $ 100 for a library card at the Madeira Beach facility will be reimbursed by the library. Gulfport won't allow chickens as pets after all By Sheila Mullane Estrada St. Petersburg Times, 12/ 19/ 08 GULFPORT — The City Council chickened out Tuesday, reversing its previous decision to allow residents to keep up to 10 chickens as pets. It seems so underhanded," said Jennifer Conroy, who thought the council's unanimous vote two weeks ago in favor of her chickens would be repeated. Two of the council' s five members, Michele King and Mary Stull, could not attend Tuesday's final vote on the chicken ordinance. Then two of the remaining three- member council quorum, Judy Ryerson and Bob Worthington, changed their votes. Only Mayor Michael Yakes voted to approve the new chicken rules. Worthington said he now thinks that allowing chickens is a " step backward for the city." And Ryerson said she is now against " a citywide ordinance for one family." The two council members questioned how the city would regulate the building of chicken coops or who would be responsible for catching any chickens that flew their coops. The 2 -1 vote against the ordinance means that the city's rules prohibiting chickens in residential back yards remains in effect.  Page 1 of 1 Carole Jones From: Toni Craig [tonicraig@cox.net] Sent: Tuesday, April 21, 2009 10:59 AM To: Robert Mearns; Carole Jones Cc: Helen Spencer; jgossom@uwf.edu Subject: Ordinance 1795- CRA Residency Requirements Attachments: CRA residency ord. pdf Please include the attached materials for first reading on the April 28 agenda. Thank you. Toni L. Craig Attorney at Law Fla Bar No 115444 Board Certified, City, County, Local Government Law PO Box 2917 Fort Walton Beach FL 32549 850) 243 -6969 Fax: ( 850) 244 -8929 www.tonicraig. info Marital & Family Law Local Government Law CONFIDENTIALITY NOTICE: This email is intended only for the use of the addressee. If you received this email in error, please notify me immediately, delete the email from your computer and do not copy or disclose it to anyone else. If you are not an existing client of Toni L. Craig, Attorney at Law, do not construe anything in this email as legal advice or to make you a client. Do not disclose anything to me in any reply that you expect to be kept confidential. If you are a client, you should keep the contents of this email confidential to preserve the attorney -client or work product privilege. A. 4/ 21/ 2009  I ORDINANCE 1795 2 3 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, 4 FLORIDA; PROVIDING AUTHORITY; CLARIFYING SECTION s 2. 06.01 OF THE CODE OF ORDINANCES TO STATE 6 REQUIREMENTS FOR MEMBERSHIP ON THE COMMUNITY 7 REDEVELOPMENT AGENCY BOARD; AND SETTING AN s EFFECTIVE DATE. 10 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 11 THE CITY OF FORT WALTON BEACH, FLORIDA AS FOLLOWS: 12 13 Section 1. Authority & Intent 14 A. The authority for enactment of this Ordinance is sections 166.021 is ( 1) and 163. 356( 3)( b), Florida Statutes ( 2007), and the City Charter. The powers 16 of the Community Redevelopment Agency are exercised by the board of 17 commissioners. The City Council has statutory authority to appoint the members 18 of the board of commissioners. 19 20 B. Any person may be appointed as commissioner if he or she resides 21 or is engaged in business, which means owning a business, practicing a 22 profession, or performing a service for compensation, or serving as an officer or 23 director of a corporation or other business entity so engaged, within the area of 24 operation of the agency, which shall be coterminous with the area of operation of 25 the county or municipality. " Area of operation" is defined to mean " for a 26 municipality, the area within the corporate limits of the municipality." Therefore, a 27 resident of the City or a person engaged in business in the City can serve as a 28 commissioner of the Community Redevelopment Agency. 29 30 C. City' s Code of Ordinances is silent on the residency The 31 requirements for commissioners of the Community Redevelopment Agency. The 32 Council finds that it is in the best interests of the Community Redevelopment 33 Agency to state the residency requirements in the Code. 34 35 Section 2. Amendment of Section 2. 06. 01, Establishment; Membership of 36 the Community Redevelopment Agency 37 38 Section 2. 06. 01, Establishment; Membership of the Community 39 Redevelopment Agency, of the Code of Ordinances is amended as follows: 40 41 Sec. 2. 06. 01. Establishment; Membership. 42 Pursuant to § 163. 356, F. S., there is created a board of commissioners of 43 the community redevelopment agency. Members of the board of 44 commissioners shall be appointed by the city council. Members may be 45 residents of the city or persons engaged in business in the city. The board 46 shall consist of seven members. The terms of office of the commissioner 47 shall be for four years, except that three of the members first appointed 48 shall be designated to serve terms of one, two, and three years, 49 respectively, from the date of their appointments and all other members 50 shall be designated to serve for terms of four years from the date of their 51 appointment. A vacancy occurring during a term shall be filled for the 52 unexpired term. 53 54 Section 3. Effective Date 55 This ordinance shall take effect upon approval of the City Council and 56 signature of the Mayor. 57 58 59 60 Adopted Mike Anderson, Mayor 61 62 63 Attest: Approved for form and legal sufficiency. 64 65 66 67 Helen A. Spencer, City Clerk Toni L. Craig, City Attorney 68 69 70 71 New language is underlined. 72 Deleted language is s#FiGkeR. 73 74 Codification Instructions: Section 2 amends section 2. 06. 01 as stated; sections 1 75 and 3 are not codified.  i ATTORNEY AT LAW Rp CE City, County, Local Government Law NNNN Marital & Family Law 21 April 2009 To: Mayor & Council CC: City Manager City Clerk CRA Board RE: CRA Membership Ordinance Please consider the attached ordinance regarding membership of the Community Redevelopment Agency Board. The powers of the Community Redevelopment Agency are exercised by its board of commissioners. The City Council has statutory authority to appoint the members of the board of commissioners. Section 163. 356( 3)( b), Florida Statutes ( 2007), sets out the composition requirements of the