Fort Walton Beach Council minutes — 11-13-07 workshop minutes — reading text

201 MINUTES OF THE COUNCIL WORKSHOP MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA NOVEMBER 13, 2007 INTRODUCTION A Council Workshop Meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, November 13, 2007 at 5: 30 p. m. wth the following members present: Mayor Mike Anderson and Mike Minich Councilmen: Mike Holmes, Virgil Miller, Dennis Reeves, Bill Garvie, Dr. Wayne Pullen, Absent: Jim Hartwell Finance Director; Also Present:Joyce Shanahan, City Manager; Helen Spencer, City Clerk; Lisa Absher, Toni Craig, City Attomey; and Department Directors CALL TO ORDER The Mayor called the meeting to order. PLEDGE OF ALLEGIANCE The Mayor led in the Pledge of Allegiance. SEXUAL PREDATOR/OFFENDER ORDINANCE Discussion to determine City Council's interest in enacting an ordinance to restrict permitted residency Walton Beach. If for Sexual Predators, or Sexual Predators and Sexual Offenders, within the City of Fort so, additional discussion regarding various determinants required within such an ordinance. Police Chief Ted Litschauer advised that some members of the community, during neighborhood restriction residency meetings, have made known their desire to address their concerns regarding sexual predator and/ or sexual offenders. Chief Litschauer options for those individuals designated as for discussion and possibly proposed a ordinance for Council, and advised he was tasked with preparing of ordinances from other communities on this issue were that research of the Florida Statutes and copies examined. sexual Chief Litschauer explained that most of the researched ordinances are applicable to both 500 offenders and sexual predators, and that distances from the residence to the public property vary by foot increments, and range from 1, 000 to 2, 500 feet. The property types to which the ordinances apply include care centers, schools, churches, public parks, playgrounds, libraries, dedicated recreational day areas and places, and designated public school stops. of Chief Litschauer continued that any discussion by Council on this issue should include consideration the level of public interest in the matter and the expectations regarding enforcement of an ordinance, as well as the practical ability to do so; consideration of legal issues, particularly the restrictiveness of any contained within the ordinance; and consideration as to what is reasonable with f""selected prohibitions or sexual predators and regards to whom the ordinance should apply ( sexual predators alone, to be offenders); types of properties for which the distance requirement will apply; the distance and what prohibited; if any, will be made regarding prior residency status. expectations, from Discussion included the fact that the State Statute is completely enforceable in regards to distances but that ordinance would be difficult to enforce a residence to public property for sexual predators, an because current ordinances are not easily enforced. Chief Litschauer explained that when an individual to the is arrested under the State Statute, the person is transported to Shalimar for booking or directly all that is that the county jail in Crestview. When arrested for violation of a City ordinance, occurs well the individual is written a citation, they receive a copy and the Clerk of Court receives a copy as as Police Department. 202 Council Workshop 11- 13- 07 SEXUAL PREDATOR/OFFENDER ORDINANCE { CONTI Chief Litschauer advised he is talking with several judges to come to a resolution to fix what he feels is a broken system" regarding the enforceability of local ordinances. The City Manager noted that before any ordinances are actually proposed. the City would have to enter into an agreement with Okaloosa County to accept the incarceration of individuals who have violated the local ordinance, and the City would have the responsibility to pay for transportation as well as a per-day rate for incarceration. Chief Litschauer advised that is a negotiable situation that the City and County fI would enter into at that time. Further discussion included that once an agreement is reached with the County and the judicial system, that the residents be given an opportunity to speak before Council so that distances and parameters can be clearly spelled out in the ordinance; that it would be meaningless to pass an ordinance that is unenforceable. Chief Litschauer explained his opinion that an ordinance could be drafted that would amend the City Code in regards to parks to include prohibiting sexual offenders/ predators from being in the parks. He continued if such an individual were in the park, they would be cited and given a ' no trespassing' warning, and if that citation were violated, they would be arrested in violation of the State Statute and taken to jail. Mr. Minich requested an item be placed on the next agenda, or as soon as Staff can have one prepared, on the issue of sexual offenders/predators in parks. ADJOURNMENT Being no further business, the meeting adjoumed at 6: 15 p. m. ED:~~ ~ eo'] ATTEST: ltmf/ i.ubA/ Ive