Fort Walton Beach Council agenda — 03-23-2010 Regular — reading text

CERTAIN PERSONS;" DEFINING ELIGIBILITY; PROVIDING FOR VERIFICATION OF STATUS; PROVIDING FOR ASSIGNMENT OF CEMETERY PLOT OR WALL NICHE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Manager advised at the February 23, 2010 Council meeting, staff was directed to prepare an ordinance to provide no cost burial services in either the Beal Memorial or Brooks Cemetery new addition, for City police and firefighters, and City residents who are members of the Armed Forces that are killed in action. Discussion included the addition of the Guard and Reserves to the ordinance. The City Attorney recommended the verbiage " and any active duty, reserve or guard member" be added to Line 42 to include members of the Guard and Reserves, and that the motion include the addition of the verbiage. The Mayor opened the public hearing. There was none. Mr. Patterson moved to adopt Ord. 1824, as amended on first reading to include the verbiage " and any active duty, reserve or guard member" to Line 42. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Nabors, Patterson, and Rynearson in favor ( Seat 2_ vacant, Garvie absent). 2-  1, 05 Regular Council 3 -9 - 10 PUBLIC HEARING: ORD. 1821 - AMENDS STORMWATER UTILITY FEE The City Attorney read the ordinance on second reading by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY; AMENDING CHAPTER 10. 521, STORMWATER MANAGEMENT UTILITY, OF THE CODE OF ORDINANCES; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS AND AN EFFECTIVE DATE. Michael Beedie, City Engineer, advised a minor revision has been made since first reading, to delete the verbiage " and having a water meter" from line 48. The Mayor opened the public hearing. There was none. Mr. Holmes moved to adopt Ord. 1821, as amended on second reading with the language " and having a water meter" deleted from Line 48. Mr. Patterson seconded motion and it carried unanimously with Holmes, Reeves, Nabors, Patterson, and Rynearson in favor (Seat 2 vacant, Garvie absent). Mr. Rynearson moved to authorize the City Manager to proceed with the determination of the user fee overage for individual properties and to begin to process credits to the utility accounts for the overages. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Nabors, Patterson, and Rynearson in favor (Seat 2 vacant, Garvie absent). PUBLIC HEARING: ORD. 1822 - AMENDS MUNICIPAL PLANNING BOARD MEETING TIME The City Attorney read the ordinance on second reading by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES TO ESTABLISH A 5: 30 P.M. MEETING TIME OF THE MUNICIPAL PLANNING BOARD AND SETTING AN EFFECTIVE DATE. The Mayor opened the public hearing. There was none. Mr. Patterson moved to adopt Ord. 1822 on second reading. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Nabors, Patterson, and Rynearson in favor ( Seat 2 vacant, Garvie absent). PUBLIC HEARING: ORD. 1823 - AMENDS TEMPORARY AND SPECIAL EVENTS PERMITTING PROCEDURE The City Attorney read the ordinance on second reading by title. AN ORDINANCE OF THE CITY COUNCIL OF FORT WALTON BEACH, FLORIDA, PROVIDING AUTHORITY & INTENT; AMENDING CHAPTER 8, LICENSES & BUSINESS REGULATIONS, OF THE CODE OF ORDINANCES TO ALLOW CERTAIN TEMPORARY BUSINESS ENDEAVORS AND EVENTS ON PUBLIC AND PRIVATE PROPERTY, CITY, COUNTY, AND STATE RIGHTS OF WAY, AND OTHER LANDS; AND TO ESTABLISH EVENT PERMITTING PROCEDURES FOR SUCH ACTIVITIES; AMENDING CHAPTER 7, LEISURE & RECREATION SERVICES AND CHAPTER 9, OFFENSES, OF THE CODE OF ORDINANCES FOR CONSISTENCY WITH EVENT PERMITTING PROCEDURES OF CHAPTER 8; PROVIDING FOR CONFLICT AND SEVERABILITY AND SETTING AN EFFECTIVE DATE. The Mayor opened the public hearing. There was none. Mr. Reeves moved to adopt Ord. 1823 on second reading. Mr. Rynearson seconded motion and it carried unanimously with Holmes, Reeves, Nabors, Patterson, and Rynearson in favor ( Seat 2 vacant, Garvie absent). 3- 106 Regular Council 3 -9 -10 FORT WALTON BEACH HOUSING AUTHORITY APPOINTMENT Consideration of Mayor' s appointment to the Fort Walton Beach Housing Authority. Mr.. Holmes moved to approve the Mayor' s appointment of Pat Thornber, 342 Holmes, Blvd., Fort Walton Beach, to the Fort Walton Beach Housing Authority for a four -year term from March 9, 2010 until March 9, 2014. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Nabors, Patterson, and Rynearson in favor (Seat 2 vacant, Garvie absent). CODE ENFORCEMENT BOARD APPOINTMENT Consideration of appointment of an alternate to the Code Enforcement Board. The City Clerk stated there is one application on file for the alternate position on the Code Enforcement Board. Mr. Reeves nominated Phillip Rose, 9 Pryor Road SE, Fort Walton Beach, to the alternate position on the Code Enforcement Board for a three -year term until March 9, 2013. As there were no further nominations, the Mayor called for the vote on the nomination of Phillip Rose and it carried unanimously with Holmes, Reeves, Nabors, Patterson, and Rynearson in favor (Seat 2 vacant, Garvie absent). RES. 2010 -7 - AMEND CITY COMPREHENSIVE FEE SCHEDULE 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 STORMWATER UTILITY FEES; AND SETTING AN EFFECTIVE DATE. The Finance Director explained the resolution amends the Stormwater Utility Fees in the Comprehensive Fee Schedule to account for a revision in the calculation of the Equivalent Residential Unit as stated in Ord. 1821. The Mayor opened the floor for public input. There was none. Mr. Holmes moved to adopt Res. 2010 -7. Mr. Patterson seconded motion and it carried unanimously with Holmes, Reeves, Nabors, Patterson, and Rynearson in favor (Seat 2 vacant, Garvie absent). NOMINATIONS FOR COUNCIL SEAT 2 Nominations for appointment to fill vacant City Council Seat 2. The Mayor read from the Charter the requirements for filling the vacancy, and advised h. that nominations will be taken tonight, again on March 23, 2010, then vote on the appointment April 13` He noted the vote will be confined to persons nominated and the person appointed will fill the seat until the City election in 2011. The Mayor offered anyone interested in filling Seat 2 an opportunity to address City Council. Bob Hudgens, 256 Ventura. Circle, discussed his background and participation in community and business activities, including being a member of the City' s Board of Adjustment for three years, and expressed his interest in being appointed to Seat 2 of the City Council. Janet Wilson, 368 Gardner Drive, discussed her business and community participation and that she is a member of the City' s Municipal Planning Board for six years, and stated she would like to be a member of the City Council. The City Attorney clarified there are no restrictions on Council at this point on the number of nominations or on whom they nominate; Council can nominate someone whether or not they are present and whether or not they have submitted a letter of interest. She said whether or not they are qualified will be addressed after they are nominated. 4-  107 Regular Council 3 -9 - 10 NOMINATIONS FOR COUNCIL SEAT 2 coot. The Mayor opened the floor for nominations from City Council. Mr. Patterson nominated Glenda Glover, 115 Waynel Circle SE and Janet Wilson, 368 Gardner Drive SE. There were no further nominations this evening. DISCUSSION OF SHARIAH COMPLIANT FINANCIAL PRODUCTS Discussion of Shariah- Compliant Financial Products. Mr. Patterson read a statement regarding the dealings of financial institutions compliance with the " Shariah - Compliant Finance" Products that is providing a pipeline for funneling money to international terrorist groups that are engaged in war with our country. He asked Council to unanimously approve a motion authorizing the City Attorney to draw up an Ordinance to prohibit the City of Fort Walton Beach from doing business with AIG, HSBC, UBS and CITIBANK, institutions that do not agree to transparency in divulging their association with the " Shariah — Compliant Finance" Products. He also asked Council to authorize the Mayor to ask the Florida League of Cities to sponsor a House Bill forbidding the State of Florida from engaging in financial transactions with the same until full disclosure and transparency is provided by these named, financial institutions. He clarified he is not saying not to do business with them if they provide transparency. He said this is a discrete way to finance terrorism. The City Attorney said if Council were inclined to adopt a local ordinance she would have to research it. She stated Council can set their investment and banking policy. The City Manager said he could look into the issue to see if there are ramifications as he did not know if there are federal or.state laws, and staff could return with more information before Council votes on an ordinance. During discussion it was mentioned that the book was written as an opinion paper in 2008; that two of the institutions are under investigation by the F.B.I.; reluctance was expressed to task staff to spend time to find out whether or not the issue is valid; that the banking industry is highly regulated and the federal government has a watchful eye on the situation; that a grass -roots movement starts at the local level; and that each Councilmember could research on their own and return in the future with a more defined goal. The Mayor opened the floor for public comment. Kelly Cook, Pensacola Field Director of ACT! For America reiterated that an ordinance does not attempt to ban or prohibit any kind of Shariah finance, it does not call on any financial institution to stop offering Shariah - compliant products; it does prohibit the local government from doing business with those institutions until such time as those financial institutions provide full transparency or full disclosure. He discussed the background of the Shariah- Compliant Finance since 2001 and submitted the major reason it is not heard about in the mainstream media is because there is a lot of money involved. He expressed the hope that the local government will respond as he believed it is a bottom -up proposition. He explained that ACT! For America is a counter- terror organization. Lt. Col. ( Ret)