Fort Walton Beach Council agenda — 11-10-2009 - regular — reading text

Drive NW, Fort Walton Beach, requested a change to Chapter 5. 02 of the Code of Ordinances, Animals, to allow pot bellied pigs as pets. After the Council heard from the Clevengers and the public, Mr. Nabors moved to direct staff to rewrite Chapter 5. 02 of the Code of Ordinances to allow pot bellied pigs within the City limits. Mr. Garvie seconded motion. Mr. Miller amended the motion to instruct staff to look at all animals to update the ordinance. Mr. Patterson seconded motion and it carried unanimously. ( Please see minutes in the backup information.) 2. Discussion 2. 1 The proposed ordinance addresses the control of all animals by defining household pets, and those that are permitted. The definition includes pot bellied pigs as a permitted pet. The ordinance also defines pets that are not considered household pets, such as wild animals as defined by the State of Florida Fish and Wildlife Conservation Commission, and hoofed animals of any kind, except the pot bellied pig. 2.2 In order to avoid opening the city to the inclusion of additional non -domesticated animals such as chickens as pets, the definition of farm animals has been added, and as they are not included in the definition of a household pet, to they are not considered to be permitted within the city limits. 2.3 Since the City has a contractual relationship with the Panhandle Animal Welfare Society PAWS) and PAWS enforces the Okaloosa County Animal Control ordinance within the city, the elements of the county ordinance concerning cruelty to animals and " bad" animals are enforced within the city, negating the need to duplicate in a city ordinance what already exists. 2.4 An addition to the Animal Control ordinance designates the entire area within the corporate limits of the city a bird sanctuary, which makes it unlawful to hunt, kill, maim or trap, birds or any wild fowl located within the city. 3. Recommendation 3. 1 Staff recommends that the City Council adopt Ordinance 181-6 to amend the Animal Control ordinance to permit pot bellied pigs in the city. 56- Regular Council Meeting 08 -11 -09 RES. 2009 -20 ( CONT) Mr. Holmes moved to adopt Res. 2009 -20. Mr. Reeves seconded motion. Council discussed their support of the project; that a lot of time has been put into it by both the City and the County; that -it is a good deal for the City; and that the public has had ample opportunity to voice their feelings on the agreement. The Mayor called for the vote on the motion and it carried unanimously with Holmes, Miller, Reeves, Garvie; Nabors, Patterson, and Rynearson in favor. RES. 2009 -27, GOLF CLUB FEES The Mayor read the resolution by title. A RESOLUTION OF THE CITY OF. FORT WALTON BEACH, FLORIDA, AMENDING THE. COMPREHENSIVE FEE SCHEDULE OF THE CITY FOR GOLF CLUB RATES; AND SETTING AN EFFECTIVE DATE. Jeff Peters, Recreation Director, stated the fee adjustments are intended to increase memberships and play at the Golf Club and are based in part upon how the number of rounds played has historically been impacted by rate changes. Mr. Peters stated the strength of the facility and the strong management staff will help bring new members and retain present members and keep them committed to the golf course. Discussion included having a family membership and Mr. Peters noted there is a rate for spouses and dependents, the rates being proposed are fair to the golfer and maintains the revenue; city vs. non -city membership; and marketing strategies and accepting competitor's coupons. The Mayor opened the public hearing. There was none. Mr. Garvie moved to adopt Res. 2009 -27. Mr. Reeves seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. GENERAL PUBLIC Lyndon and Diana Clevenger, 107 Rainbow Drive NW, Fort Walton Beach, requested a change to Chapter 5.02 of the Code of Ordinances, Animals, to allow pot bellied pigs as pets. Mr. Clevenger explained that he and his wife have had a pot bellied pig named Melon at their residence for 5 years, and have recently been notified that because of the ordinance, Melon must be removed from the home. Mr. Clevenger relayed information including pot bellied pigs have been designated as companion, non -traditional pets by the USDA; several cities in Florida have recently changed zoning ordinances to allow pot bellied pigs; and pot bellied pigs can be housebroken and are naturally clean. He also informed it is believed the complaint stems from issues regarding a neighbor's three dogs. Mr. Clevenger advised they were notified by PAWS on July 28 that Melon had to be removed from the home in 10 days, and that their alternatives were to come before the City Council for an ordinance amendment. Dee Thompson of PAWS advised that no citation was given by PAWS, and that PAWS is enforcing the City code and is waiting to see what the Council decides. 57- Regular Council Meeting 08 -11 -09 GENERAL PUBLIC (CONT) Clarification was given that no changes can be made tonight; that an ordinance must be drafted and gone through the proper notices and readings, but since there was no citation the removal of Melon from the home is not an issue. The Mayor asked for public input. Joan White advised she does animal rescue and that she has taken pot bellied pigs to the schools and the children are delighted by the animals, and she spoke of the intelligence and cleanliness of the animal. Katrina Shirah and her mother, Regina, 109 Rainbow Drive, advised they are neighbors of the Clevengers and they have never had any problems with Melon and that she is an awesome animal and. highly intelligent. Jackie Glover, Fort Walton Beach, advised that livestock, with the exception of horses, are usually meant to be eaten, but pot bellied pigs do not fall into this category. Mr. Nabors moved to direct Staff to rewrite Chapter 5. 02 of the Code of Ordinances to allow pot bellied pigs within the City limits. Mr. Garvie seconded motion. Councilmembers with first -hand knowledge of pot bellied pigs praised their intelligence and noted they are affectionate animals. Mr. Miller amended the motion to instruct Staff to look at all animals to update the ordinance. Mr. Patterson seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson and Rynearson in favor. Mr. Holmes stated he has no problems with someone having a pot bellied pig for a pet, but he is concerned this will set a precedent and people will be requesting other animals to be allowed as pets, and that the situation goes a lot deeper than allowing pot bellied pigs as pets. The Mayor called for the vote on the motion, as amended, and it carried by a vote of 6 to 1 with Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor and Holmes opposed. The City Manager advised he would speak with the City Attorney regarding a time frame for the rewriting of the ordinance and presentation to Council. DISCUSSION ON REGULATING DANGEROUS DOGS Mr. Miller discussed his concern while reading about attacks by vicious dogs and questioned what type of safety regulations or guidelines are in place for the citizens against these dangerous animals. The City Manager advised besides the City ordinance the County has a contract with PAWS whereby PAWS is allowed to enforce the County ordinance within the City's jurisdiction. Dee Thompson of PAWS advised besides the City and County ordinances, the State of Florida has jurisdiction over dangerous dogs, and noted there are 22 dogs in Okaloosa County that are deemed dangerous and the types of dogs are listed on their web site. Ms. Thompson also informed that Animal Control does not allow individuals to bring dangerous dogs into Okaloosa County from other locations. 58- THIS PAGE IS LEFT INTENTIONALLY BLANK 59- THIS PAGE IS LEFT INTENTIONALLY BLANK 60-  CITY COUNCIL MEETING November 10, 2009 Appointment Appointment to the Firefighters' Pension Board. Synopsis: Mrs. Janet Baggett has volunteered to serve another term ifreappointed Agenda Item Number: 841  CITY OF FORT WALTON BEACH, FLORIDA MEMORANDUM TO: Mayor and Council FROM: Helen Spencer, City Clerk SUBJECT: Firefighters' Pension Trust Fund Board Vacancy DATE: October 30, 2009 BACKGROUND: Janet Baggett, 312 Brooks Street, has been the citizen representative to the Firefighters Retirement Fund since 2005, being reappointed in 2007 for a second two -year term. Mrs. Baggett has been contacted and will serve another two -year term if reappointed by Council. The Firefighters' Pension Trust Fund Board of Trustees duties are the general administration andresponsibility for the operation of the Retirement Pension Trust Fund for the City's firefighters. Copy of F. S. 175.061 is attached. DISCUSSION: Two members of the Firefighters' Pension Trust Fund Board of Trustees shall be legal residents of the municipality who shall be appointed by the governing body of the municipality. Each resident member shall serve as trustee for a period of two ( 2) years, and may succeed himself as trustee. There are no applications on file with the City Clerk. INCUMBENT: JANET BAGGETT, 312 BROOKS STREET SE, FORT WALTON BEACH CONCLUSION: Council appoint a citizen to serve on the Firefighters' Pension Trust Fund Board of Trustees for a two -year term until November 10, 2011. S /lve  Cv ?CITY OF FORT WALTON BEACH PLICATION TO SERVE # On City Agencies;` athorities, Boards, Commissions or C mini es Reference: Codified Ordinances of Fort Walton Beach - Section 2-60) 4 n ` t `• * id. ADDRESS l2 Oe v 5-r COUPATION . r oph, a _ __ ) fiy HONE_G - Y YS TOME PHONE_2X3 L ' I. Brief Resume of Education and Experience What 3. State how un =%. n # my vne yr 1 nt rvLLUWING Please se@ other sidg of a piication for a description of dUttes Beautification Committee Fire Fighter's Retirement' Fund Police Officer's Retirement Fund must be a resident). must be a resident) Board of Adjustment FWB Housing Authority Municipal Planning Board must be a resident) must be a resident) must