Fort Walton Beach Council agenda — 06-14-05 — reading text

point. In response to the question of whether Eglin is working with the City of Destin, Mr. Pelham replied there has been no request from Destin, and at this point they are working with Fort Walton Beach because they had a request for the information. In response to whether there are concerns with air traffic control Mr. Pelham replied they have not had any concerns at this point with air traffic control. Mr. Pelham stated they will try to have the data for each one of the sites throughout Fort Walton Beach by the end of July. They will bring it to the Planning Board then present to Council at the same time. c-\ 166 o o 5- 17- 05 CODE REVISIONS Discussion of reviser ordinances proposed for revising the Fort Walton Beach Municipal Code. The City Attorney explained the first three ordinances make editorial, non- substantive changes to correct gender- based references, to correct fee provisions, and for the organization and adoption of the republication of the Code. She noted these ordinances will be seen at the end of the process. Discussion of repealing, amending ordinances proposed for revising the Fort Walton Beach Municipal Code. The City Attorney explained the next six ordinances are needed because some codes are obsolete. The first ordinance will make consistent the designation of benefits with the actual plans offered by the City. The second ordinance will repeal the Grower's Certificate because it is obsolete and preempted by the Florida Statutes. The third ordinance will repeal trailer park provisions because it is obsolete since there are no trailer parks in the City. The fourth ordinance will Jepeal obsolete committees. The fifth ordinance will enact enablinglanguage for the Fire Fighters Retirement Fund Board and the Police Officers' Retirement Fund Board that will make consistent treatment for all retirement Boards. The sixth ordinance will provide enabling language for the City Manager and Finance Director to formulate procedures for processing city property. Discussion of substantive ordinances proposed for revising the Fort Walton Beach Municipal Code. The City Attorney noted each of the next six ordinances have been passed through staff and the City Clerk, but they have not gone through complete staff review. The City Attorney explained the first ordinance amends language to require the City Clerk to declare vacancies on boards, agencies, and committees upon the specified number of absences by a member. She noted this will create more effective control over Board member attendance, vacancy declaration, and member appointment by Council. She explained the issue has come up because often the Chairman does not want to be the bad guy but if the City Clerk is able to declare a vacancy, then the City Clerk can pass it on to Council and Council can start the process of placing someone on the Board quicker. The City Manager added that the ordinance may be taken to the Boards and Committees. Discussion was held on member attendance and the concern expressed over a possible violation of the Sunshine Law if a Board or Committee member were to call the Chair or Vice- Chair if they were going to be absent from a meeting, and whether or not the Chair or Vice- Chair has the authority to determine whether it is an excused or unexcused absence. The City Attorney explained this issue was recently addressed by the Code Enforcement Board and the definition of "excused" was left very broad so that if a member calls before the meeting, then it is excused; and further, under the Statute they are required to call the Chair or Vice-Chair. She noted that Council can make a policy decision about vacancies as long as it is more stringent than what is in the Statutes. She added that Council will probably see a recommendation to delete provisions in the Code. The City Attorney pointed out the second ordinance has a clerical error on line 75 that should read 20, 000 and on line 79 that should read $ 28,000. She explained the ordinance increases the level of purchases required to be advertised and competitively bid from $ 12, 000 to $ 20,000 and increases the City Manager' s independent ability to spend for equipment and vehicle repairs from $ 20, 000 to 28, 000. She mentioned that Mr. Lee McDonald had requested a copy of the last ordinance on the City Manager' s spending authority and noted it was Ordinance 1454 adopted September 2001.  5- 17- 05 167 o CODE REVISIONS cont. The City Attorney explained the third ordinance will repeal Chapter 21 Library, Chapter 24 Museum and Chapter 26 Parks a nd Recreation Services and place them all under a new Chapter entitled Leisure and Recreation Services, which will define and designate all parks, recreational and cultural facilities, and proscribe conduct, music, alcohol, traffic, and animals in all c..... parks, recreational and cultural facilities. The City Attorney noted the changes will create consistent treatment of all leisure services and permit administrative control over administrative issues such as opening/ closing times, fees, use and permit application forms and procedures. It was questioned whether the Sound property across from City Hall could be added as a park at this time so an Administrative Change would not need to be made later. The City Manager noted that Council has not yet designated that property as a park. The City Attorney pointed out the City currently does not have animal control in the Code since it contracts with PAWS for animal control in the City, but the ordinance would give the City control over animals in the park. It was clarified that the ordinance would apply only to public parks and would not apply to private property; that a private property owner can call the Police Department who will call PAWS. It was suggested the subject would make a good Beach Bits article. During discussion on the definition of direct control by means of a leash or tether but not by verbal or aural control and the city parks where animal are not permitted to run at it was large, expressed that owners take their pets to neighborhood parks to play and run, but are under voice control, and that community parks may be the appropriate place to enforce the ordinance. The City Attorney explained the fourth ordinance will clarify the purpose of the alarm code, require operational reliability and proper use of systems in effort to reduce emergency responses to false alarms, clarify responsibilities 0 f fire and police departments, establish a system 0 f administration, establish penalties for false alarms, establish permit fees, and provide an appeals process. Some discussion was held on alarm appeals with the Police Department to appoint a Hearing Master to hear all appeals and a Hearing Officer to be the final and the authority of Fire appeals Department fines to be presented to the Code Enforcement Board who shall be the final authority. The City Attorney mentioned that the charge for personnel costs could a Iso be added tot he penalty. She further suggested that a set of procedures be established for the Police Department's Officer. Hearing The City Attorney pointed out the fifth ordinance has two versions. She explained currently the wrecker code only deals with the wrecker rotation program and Version A is a clean- up only of the current provisions t hat would provide consistent treatment 0 f a II 0 icense ccupationall requirements and permit administrative control over administrative issues that would permit the City Manager to incorporate administrative provisions in an administrative directive regarding the wrecker rotation program. She explained Version B addresses private towing regulations that would provide consistent treatment of all occupatiohallicense requirements, permit administrative control over administrative issues, and regulate wrecker operations within the City. During discussion on private towing regulations comments included the number of complaints received on the hours of operation, storage and accessibility of wrecker companies; and the need for more stringent regulations. It was noted that the legislature is currently addressing the issue and suggested that Council address the issue after the legislature and the Governor have acted on it. Council expressed a preference for Version B. dd_ I ,---  5- 17- 05