Fort Walton Beach Council agenda — 09-25-2007 regular agenda — reading text

9- 11- 07. . l3v PUBLIC HEARING......ORD. 1728: AMEND'ING FI4UM FROMMDR TO MUCC The: CityA~torrl~ y ~eqdth~fPrdinari~~, tit.le, only... .....;:.;::..... . ,. 0:.;':';:.' ' qy. I.:.~.,:~:'~:.: ~./.;':.,...~,.::\~: ;:-:..; d,': <~<..:::~~:~;:<< .~::~.... JJ::::~::./>.:-:.. .-;:., ". .' ... ,.' .....~ .. . ' I ..... . AN ORDINAN9E\( 1728.l:0FJi-{E, Grt,y..Of; F6Fh, ' WA~ToN' B.EA, FhORIDA; AMENDiNG.THE.. yH, CITY' S COMPREHENSIVE PLAN RELATING. TO." PROPERTy' LOCATEDAT 739 -lOVEJOY.. ROAD NW; PROVIDING FOR AUTHoR:iTY;' PROVIDING FOR FINOIr'.iGS OF FACT;' PRO\ 1I6rNG FOR, AMEN PM EN!' OF, THE FUTURI; LAND' lJSE MAP FOR THE PROPERTY FORM MDR, MEDIUM DENSITY RE$ IDE~ TIALtO. MUCC, MIXED..,USE COMMUNITY GOMMERCIAL; PROVIDING FOR INTERN',L\ L. CONSISTENCY; PROVIDING FOR,. TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE.' . The Mayor opEmed the public hearing. As no one wished tospe<i:k the public hearing was closed Mr. Minich moved to a.dopt Ord~1728 onsecondread'iilg. Mr. Hartwell, seconded motionqand. it carried ' unanimously with Holmes, Miller, R~ eves, Garvie, Pullen, Hartweil, and MiQich in fewor. ' . PUBLIC HEARING - bRO. 1726: REMOVING REQUIREMENT OF ANNUAL INSPECTION. Fb~ HOME OCCUPATIONS. . _.' The City Attorney read the ordinance by title. AN ORDI.NANCE( 1726) QF THE CITY OF FORTWALTOt;. j BEACH, FLORIDA; PROVIDING FOR AUTHORIJY; AMENDING SECTION. 12. 739, 01,: LAND,.. DEVE;LOPMENT CODE,.. ENTITLEq.. HoME OCCUPATIONS": BYREMOVING THE REQUIREMENT FOR AN ANNUAL INSPECTIOt{~,: f BY THE BUILDING OFFICIAL AND THE FIRE CHIEF AND AMENDING SECTION 8. 05~01r LICENSES AND BUSINESS REGULATIONS: ENTITLED " ANNUAL INSPECT! ON REQUIRED:{i BY REM9VING THE REQUIREMENT FOR THE FIRE.DEPARTMENT TO CONDUCT ANNUAL~, INSPECTfoN. . FOR.. . HOME OCCUPATIONS; PROVIDING'. FOR SEVERABILITY," AND, . PROVIDING AN EFFECTIVE DATE. . . The M~wor opened the public hearing. As no one wished to speak the public hearing was clO.sed. , Mr. HoimE;} d s mov~ to adoptprd,. 1726 s.,~ on.. corid' reading. Mr. GarVies~cond~d' motiQn and it carried unanimously with Holmes, Miller: Reeves, Garvie, Pullen, Hartwefl, and Minich iI,' favor. PUBLIC HEARINGS - ORD. 1745: AMENDING POLICE OFFICERS' RETIREMENT FUND' 1,' The c:; jty Attorney read th~ ordinance by title. ANORDlNANCE ( 1745) OF THE CITY' OF.. FORTWALTONBEAC;H, FLORIDA~' AMENDING CHAPTER 17 OF THE' CrN OF FORT WALTON BEACH CODE' OF ORDINAC'E~ S, ARTICLE IV, POLICE OFFICERS' RETIREMENT FUND; AMENDING SECTION ' 17~42. SOLJRCE' OF' FUNDS, EMPLOYEE CONIRB\J.TIONS; EMPLQYER CONTRIE;lUTIONS; CljAPTER. 185, FLORIDA STAtUTES, . DISTRIBUr'ION; AME;NDtNG $ ECTION" 17-A6, PERSONS ENTITLE;D TO BENEFITS; CULATIQN' OF,. BENE'FITS; NORMAL~ ~ ETIRE;MENTS, PROVIDING' FOR CAL.. SEVE.RABILI~ Y OF PROVIS! qNS,;:.r{ ING ALL ORDINANCESJIN CONFLICT ~. E.,R.EWltM FPEAl,. A~ pPROVIDlNGAN EFFECTIVE DATE., .:' tt Wiltsie, Human Resources Director, explain~ d the ordinance would bring' the Police Officers' J~.1'; ~'::i~: Mark p$ nsiQ~ Plan into cOl1,plianc~ y'yit. h $ ectiqn ) 85..Q?>Flori,da.. ~ i. atg.pyerns Pon~~<,p~'1si() tatl,l~~~.}~ n ph;tp,s With respect to the, contribution Jhatthe mer.nbers, ~ on.tClbu.t.e toti!e: . plan gn.c~ th.ey ~~<? cD the. maximu,m b~nefit perc~htage.,of 75%. ,.: . '" ..,... . ,. ,",..' ';.. ~.' P9ns~: to :t,h~; gu~~~iQnonJh~. curr~,n\, pr;actl8e Q! th,~. Cj~y, .th~: t,f<~ Inr.~~ l~~()~~ rn~n, ~' pirect9. c,e:' r eXP!~ lned. sInc,e,J 999 , when t~,~" asG.l!~ ngeq ' f1~ , GJty' s pra.ctlq,~ h,a.s been to,Jedur; st9tLJte'!'( e. !he niernbercontrlbuti6ii to % o ' f 1 %\ vhentheyreach the' tap, wl1ich is 7501dih' lheCity' s instan~e.,'"  9- 11- 07 Regular Council 138 ORD. 1745' cont. ";' .,' The Human Resources Director said the practice has' been consistent with the statute; however, the ordinance. ha,s never been amende<J; to be com~ iste.nt with the Florida Statute. He further explained.the Ordi.nance now there will, be no contribution and stafr: recommends it be says allJ' ~ nded to c.bmply v\iththe State Statute that the contribLition be ~ qf 1 %. In r~ sponse to the qlJ,estion qnwhether ~ of 1 % would be the minimum contribution required, the HUITIah Resources Director 6)5:plained that ~ of 1% is in the statute and in. order to' comply with the statute the ordinance would have to say % of 1 %. The City Manager expressed her belief that the City, could not go higher than what the State Statute says they have to allow: She clarified the member pays 5% until the 75% cap is reached then pays ~. of 1 %. She .said that is State $ tatute and the City has been following the practice of did not the statute. eve,n tho.. ugh ~.h.e local ~ rdinaric.e was not amehded. She."mentibned if the City make the' amendment by the close of business on September 30 tlie state will Withhold the City' s match of premium tax dollars received to help off-set the pension costs of approximately $ 200,000 a year. She understood ifthe ordinance is, adopted and faxed to the State then the funds will be releasedfor this year; .' " ...' .' . The Mayor opened the public hearing. As no one wished' to speak the public hearing was closed. Mr. Minich moved to approve Ord. 1745 on first n~ading. Dr. Pullen second.ed motion and it carried 'lmanimously with Holm~s, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. ' , . FUTURE AGENDA ITEMS Mr. Miller removeq from the list the, request for a workshop on the golf clLib. He requested the workshop' for review' of the provisions and payout of the General Employees Pension Plan be scheduled for the January 2008 workshop. ,. Mr. Hartwell requested the workshop for review of the Charter be scheduled during the first quarter to of 20Q~. He comment~d th~~e would not be enough time tp give the issue the attention it needs be on the' ballot for a referendum in 2008 arid sugg'estedthe 2009 elec~ion be the target date~ RES. 07- 14: AMENDING The Mayor read ~h,e resglution by title. A RESOLUTION ( 07- 14) AMENDING THE BUDGET FOR THE CITY OF FORTWAL TON BEACH, OCTOBER. 1, , 2006 THROUGH SEPTEMBER 30, 2007, FLORIDA, FOR THE FISCAL YEAR MAKING CERTAIN AMENDMENTS TO DESIGNATED APPROPRIATIONS OF FUNDS OF THE CITY, AND PROVIDING AN EFFECTIVE DATE. Charlotte Dunworth, Budget, &' Grants Manager, went Over the amendments necessary to record Law certain r~vehues and to make appropriations for certain experiditures in the General Fund, the the: Utilities Fund for the 06/ 07 budget. Ih to the total dollar Enforcerrent Trust Fund, and response amount taken out of the reserve fund, Ms. Dunworth replied approximately $ 420: 000 C3Cf.Q~ S funds. In response to the question on the remaining balance of the Director replied it is projected to be $ 10. 5 - $ 11 million at year end. ." reserve Kabe Woods, 240 Srooks Streets, wished to know whether the reserve fund is still at 30%, funds the Finance all