Fort Walton Beach Council minutes — 09-09-08 regular minutes — reading text

9- 9- 08 265 ORD. 1758 cont. Samantha Abell, CDS Senior Planner, reported the ordinance contains one revision since the City Council' s last review. She said wording has been added to Policy D.4. 3. 3 to state programs are defined and programmed/projected for funding in the approved Capital Improvement Plan. She said the wording was suggested by the City Attorney upon legal review in August to indicate the two proposed projects not yet considered for funding by the City but added to the attached spreadsheet based on recommendation by the Department of Community Affairs ( DCA). She reported that DCA had one suggestion that the City should demonstrate in its Capital Improvements Program the alternative water supply and conservation projects that have been identified as being needed in its ten- year water supply work plan. She mentioned DCA is also quite interested in the Hurlburt Water Reuse project and asked that it be indicated in the spreadsheet because DCA is looking at that as a good example of Interlocal Agreements in working toward alternative supply. Staff requests approval and adoption of the ordinance. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Reeves moved to adopt Ord. 1758 on second reading. Mr. Garvie seconded and it carried unanimously with Holmes, Reeves, Garvie, Pullen, Hartwell, and Minich in favor ( Miller absent). PUBLIC HEARING - ORD. 1766: DEMOLITION OF HISTORIC SITE OR STRUCTURE This item was tabled at the 8- 26- 08 Council meeting. CONSIDERATION OF ORDINANCE (1766) OF THE CITY OF FORT WALTON BEACH, FLORIDA, RELATING TO APPLICATION FOR DEMOLITION OF A HISTORIC SITE OR STRUCTURE; ADOPTING ADDITIONAL PROVISIONS FOR PRESERVING ELEMENTS OF A SITE OR STRUCTURE; RESOLVING CONFLICTS; PROVIDING FOR SEVERABILITY; AND AN EFFECTIVE DATE. The City Manager stated staff requests this item be tabled to a future date. She said the Historic Sites and Structures Advisory Board would like to revisit the issue and the Municipal Planning Board also had questions about the issue. Dr. Pullen moved not to consider Ordinance 1766 for first reading and to return the ordinance to the Historic Sites and Structures Advisory Board. Mr. Minich seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, Hartwell, and Minich in favor (Miller absent). PUBLIC HEARING - ORD. 1770: BOAT LAUNCHlRECOVERY AT LIZA JACKSON PARK The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING SECTION 7. 03. 01 WATERFRONT FACILITY MAINTENANCE AND PARKING TO AUTHORIZE FEE FOR BOAT LAUNCHlRECOVERY AT LIZA JACKSON PARK; AMENDING CITY' S COMPREHENSIVE FEE SCHEDULE TO INCLUDE THE FEE STRUCTURE FOR BOAT LAUNCHIRECOVERY AT LIZA JACKSON PARK; PROVIDING FOR PENALTY BY CITATION OF THE CITY POLICE DEPARTMENT, FINE AMOUNTS, AND PROCEDURES FOR HEARING AND APPEAL; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE.  Regular Council 9- 9- 08 266 ORD. 1770 cont. Jeff Peters, Parks and Rec. Director explained that City residents will be able to get a decal to launch for free and County residents can purchase a decal for $ 100 a year or pay $ 5. 00 per launch. It was questioned whether the funds collected will be earmarked for Liza Jackson Park, and what liability the City would incur for the use of the boat launch. The City Manager stated the funds will not be earmarked and it is a general liability for the City. It was questioned whether there is a stipulation on applying for grants if the City were to charge non- residents and no City residents. Mr. Peters stated there is a stipulation that if the fees are not the same the City would not be eligible for any future money from the Florida Boating Improvement Fund, but there are other options for grants. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Garvie moved to adopt Ord. 1770 on first reading. Mr. Reeves seconded motion and it carried unanimously , vith Holmes, Reeves, Garvie, Pullen, Hartwell, and Minich in favor Miller absent). PUBLIC HEARING - ~() RD. 1771: FEE FOR FUEL SURCHARGE The Mayor read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING SECTION 10. 82. 02, UNITS, BASES DEFINED, OF SECTION 10. 80, SOLID WASTE, TO AUTHORIZE AND DEFINE A FEE FOR FUEL SURCHARGE; AMENDING THE CITY' S COMPREHENSIVE FEE SCHEDULE TO INCLUDE THE FEE STRUCTURE FOR FUEL SURCHARGE; AND SETTING AN EFFECTIVE DATE. The Finance Director explained the fuel surcharge is proposed in lieu of a rate increase and would generate approximately $ 54, 000 in additional revenue. It was questioned whether the surcharge would be removed if the price of gasoline goes down, and whether the surcharge is enough to make up the difference in the cost of gasoline. The Finance Director believed it will be evaluated during the next budget process. The City Manager explained it was based on an estimate and staff believes it is a fair estimate at this time. The Mayor opened the public hearing. Charlene Greenwald, 206 Jet Drive questioned if any consideration had been given to reducing the pickups to one day a week other than the summer months. The City Manager stated that was not the direction staff received to study. As no one further wished to speak the public hearing was closed. Mr. Garvie moved to ~JLdopt Ord. 1771 on first reading. Mr. Minich seconded motion and it carried by a vote of 4 to 2 with Holmes, Garvie, Hartwell, and Minich in favor and Reeves and Pullen opposed ( Miller absent). Regular Council 9- 9- 08 267 PUBLIC HEARING - ORD. 1773: REMOVING UTILITY TAX CAPS The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING CHAPTER 4. 05, UTILITY TAX, BY REMOVING UTILITY TAX CAPS FROM SECTION 4. 05. 02, LIMITATIONS AND EXEMPTIONS; AMENDING CITY' S COMPREHENSIVE FEE SCHEDULE TO ELIMINATE THE CAPS AND EXEMPTION FOR UTILITY TAX; AND SETTING AN EFFECTIVE DATE. The Finance Director mentioned this was presented at the budget meetings in August. It was questioned if there was an idea on the cost to the customers. The City Manager thought the greater impact will be on commercial properties. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Hartwell moved to adopt Ord. 1773 on first reading. Mr. Holmes seconded motion and it carried by a vote of 5 to 1 with Holmes, Garvie, Pullen, Hartwell, and Minich in favor and Reeves opposed ( Miller absent). Council received confirmation that the State said caps were illegal and the ordinance is to bring it in line. PUBLIC HEARING - ORD. 1774: AMENDING BILL PROCEDURES AND LATE FEE The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING CHAPTER 10. 53, BILLING PROCEDURES FOR WATER SERVICES, OF THE CODE OF ORDINANCES, BY AMENDING SECTION 10. 53. 03, DELINQUENCY, DISCONTINUANCE OF SERVICE, TO INCLUDE TIMING OF LATE FEE AND DELETING SECTION 10. 53. 05 FOR CONSISTENCY; AMENDING CHAPTER 10. 82, SOLID WASTE, OF THE CODE OF ORDINANCES, BY AMENDING SECTION 10. 82. 04, PAYMENT OF CHARGES, SUSPENSION OF SERVICE, TO PROVIDE AUTHORITY TO SET LATE FEE IN THE COMPREHENSIVE FEE SCHEDULE; SETTING LATE FEE IN THE COMPREHENSIVE FEE SCHEDULE; AND SETTING AN EFFECTIVE DATE. The Finance Director explained this ordinance would increase the late charge on utility bills from 5% to 10% and that an analysis of surrounding jurisdictions found they all charge a 10% penalty, and this would be in line with what the other jurisdictions are charging. Discussion ensued regarding increasing the fee for both habitual and occasional offenders and whether an individual who is one day late should be penalized. The City Manager advised that the City staff has always worked with individuals in regards to late fee and noted that a penalty does not begin until a payment is 12 days late. Further discussion ensued that this is a fee that is avoidable in that persons have a responsibility to pay their bills on time; on the other hand, these are hard times economically and people should not be charged late fees if they are occasionally late with a payment; and that the current policy is not being changed, only the amount of the late fee. The Mayor opened the public hearing.  Regular Council 9- 9- 08 268 ORD. 1774 cont. Lee Bobo, 38 Memoria]l, voiced his disapproval of the proposed late fee and asked the Council to consider what benefit the additional funding will bring to the City. As there was no one elst~who wished to speak, the public hearing was closed. Mr. Minich moved to adopt Ord. 1774 on first reading. Mr. Reeves seconded motion. Council comments included that everyone is late occasionally but that the fee is avoidable, and that during these hard times citizens are being charged double. The Mayor called for the vote on the motion and it failed for a lack of majority with Holmes, Reeves, and Minich in fclvor and Garvie, Pullen, and Hartwell opposed ( Miller absent). The Mayor commented that Staff makes every effort possible to avoid having a person' s utility bill cut off. Lee Bobo, 38 Memorial, mentioned that citizens and churches often pay utility bills for those who have problems paying their utility bills, and stated his feeling that no further comments should have been made after the vote on the motion failed. PUBLIC HEARING - ~ ORD. 1775: AMENDING FIRE CODE The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING CHAPTER 3.20 FIRE CODE, TO INCLUDE NEW SECTION AUTHORIZING INSPECTION AND PERMIT FEES; AMENDING CHAPTER 4. 02, EXTRAORDINARY E:XPENSES FOR EXTRAORDINARY SERVICES TO INCLUDE COST RECOVERY FROM INSURANCE CARRIERS FOR FIRE SUPPRESSION AND MOTOR VEHICLES; ADOPTING FIRE SERVICES SECTION OF THE CITY' S COMPREHENSIVE FEE SCHEDULE; AND SETTING AN EFFECTIVE DATE. The Finance Director explained this ordinance merely codifies the exiting fees for fire services as originally approved by City Council in Res. 95- 12. Council questioned whether the cost recovery from insurance carriers for fire suppression is part of the policy. Fire ChiefM[ike Dutton responded that it was, that the average return from a structure in a home is $ 500. 00 and that the Fire Department will never go after the homeowner. The Mayor opened the public hearing. As no one wished to speak, the public hearing was closed. Mr. Garvie moved to