Fort Walton Beach Council agenda — 08-25-2009 regular — reading text

City employees to volunteer during regular work hours on the United Way's Day of Caring on September 18, 2009, utilizing whatever equipment may be necessary to assist United Way agency clients. 15- 256 Regular Council Meeting 08 -11 -09 RES. 2009 -28, FISCAL HARDSHIP CRITERIA A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, CERTIFYING THAT THE CITY MEETS THE FISCAL HARDSHIP CRITERIA OF SECTION 218.075 FLORIDA STATUTES, AND QUALIFIES FOR A REDUCTION OR WAIVER OF PERMIT PROCESSING FEES FOR THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ( FDEP) AND /OR THE NORTHWEST FLORIDA WATER MANAGEMENT DISTRICT ( NWFWMD). RES. 2009 -29, AMENDS FY 08 -09 BUDGET A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING THE FISCAL YEAR OCTOBER 1, 2008 THROUGH SEPTEMBER 30, 2009 BUDGET TO MAKE CERTAIN AMENDMENTS TO DESIGNATED APPROPRIATIONS OF CITY FUNDS; AND PROVIDING AN EFFECTIVE DATE. RES. 2009 -30, AMENDMENT 1 TO SHIP PLAN A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING RESOLUTION 2009 -8 TO AMEND THE LOCAL HOUSING ASSISTANCE PLAN STRATEGIES; AND SETTING AN EFFECTIVE DATE. RES. 2009 -31, REVIVAL OF AMTRAK SERVICE A RESOLUTION OF ' THE CITY OF FORT WALTON BEACH, FLORIDA, REQUESTING AMTRAK TO RESTORE SUNSET LIMITED RAIL PASSENGER SERVICE IN FLORIDA, AND SETTING AN EFFECTIVE DATE. RES. 2009 -20, ADOPT WASTEWATER TREATMENT INTERLOCAL AGREEMENT The Mayor read the resolution by title. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FORIDA, ACCEPTING THE WASTEWATER SERVICE INTERLOCAL AGREEMENT BETWEEN THE CITY OF FORT WALTON BEACH AND OKALOOSA COUNTY; AND SETTING AN EFFECTIVE DATE. John Hofstad, Utility Services Director, advised the City has been discussing the terms of the Interlocal Agreement with the County since 2000, and the agreement has finally been approved by all parties involved. The Agreement is for a period of thirty years and shall be automatically extended for up to two additional terms for a period of ten years each, for a total of 50 years. Discussion included the City's tertiary treatment system; how the agreement would handle possible large scale annexations within the City; and reclaimed water service. The Mayor opened the public hearing. Rachael Reese, Niceville, and former finance director for Okaloosa County, requested that Council table action on the interlocal agreement and expressed her concerns that the agreement was not fair to the parties involved, and that delaying action for further public discussion in an open forum could result in significant monetary savings and prevent future litigation. The Mayor interjected that tonight's meeting is a public forum and the agreement has been discussed at prior Council meetings. Upon questioning from Council, Ms. Reese stated her greatest areas of concern in regards to the interlocal agreement are capacity and future rates. As there was no one else who wished to speak, the public hearing was closed. 16- 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 a 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. 7. 0 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. Regular Council Meeting C1I:MMIQ DANGEROUS DOGS ( CONT) Ms. Thompson advised the County is looking at possibly strengthening the animal ordinance, and that it is not breed specific on what types of dog is considered a dangerous dog. The Mayor requested that the City Manager advise Council of any changes PAWS may make regarding this subject. ORD. 1804, AMENDS PURCHASING POLICIES The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDNG AUTHORITY; AMENDING SECTION 4.01. 025 OF THE CODE OF ORDINANCES TO PERMIT CONTINUING CONTRACTS; AND SETTING AN EFFECTIVE DATE. Michael Beedie, City Engineer, advised the reason for this change is to allow the City to issue an RFQ to enter into a contract with a consultant. Mr. Beedie explained that Florida Statutes allow for continuing contracts for professional services that would allow the City to bypass the competitive negotiations requirements for studies and construction projects that,are less than a certain dollar threshold.He continued that currently, the City's Purchasing Policies state that public advertisement and competition is required for city purchases in excess of $ 20,000.00, and in order for the City to match the Florida Statues for the Consultants' Competitive Negotiations Act (CCNA), the purchasing policies need to be amended by ordinance. Mr. Beedie explained the professional services contract would allow the City to..eliminate the RFP process for studies less than $ 200,000 and construction projects less than $ 2 million, as required by the CCNA, and would eliminate a total of three to four months from project timelines. Discussion ensued that special projects may still need to go through the RFP process if the firm under contract does not have the expertise to do the job. The City Attorney clarified that the RFP will actually state all projects so that the City is getting the firm that handles those types of projects, and there are three firms that may be under a continuing contract for the City to consider. The Mayor opened the public hearing. There was none. Mr. Patterson moved to adopt Ord. 1804 on first reading. Mr. Miller seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. ORD. 1805, AMENDS SECTION 2 OF THE CITY CODE The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT - WALTON BEACH, FLORIDA, DELEGATING AUTHORITY TO THE CITY