Fort Walton Beach Council minutes — 06-12-07 regular minutes — reading text

explained the contribution amounts and trend increased his questions and felt it is too important not to get all the information he could about the subject as everyone deserves to know everything about their pension fund. The Mayor called for the vote on the motion to direct the consultants to provide the necessary information so that Council can make a decision at the first meeting in August and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. 24 Regular Meeting 6- 12- 07 RECESS The meeting recessed at 10:45 p. m. RECONVENE The meeting reconvened at 10: 55 p. m. STANDING COMMITTEES/ ADVISORY BOARD REPORTS ~..,......,..,_,....'.. The Mayor noted there is nothing under this item tonight and mentioned this was added to the agenda .. '. as a place where the citizen' s advisory committees and standing boards can make presentations to Council as they are scheduled. He mentioned that Council members are members of various if organizations and they want to talk about their board or committee, this is the agenda item it would fall. PUBLIC HEARING ORD. 1729 - BUSINESS TAX The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; AMENDING THE BUSINESS TAX SECTION OF THE COMPREHENSIVE FEE SCHEDULE FOR THE CITY OF FORT WALTON BEACH TO INCREASE ALL BUSINESS TAX RECEIPT CHARGES BY FIVE PERCENT 5%); AMENDING SECTION 8.01. 09 OF THE CITY CODE, AS ADOPTED IN ORDINANCE 1725; AND PROVIDING AN EFFECTIVE DATE. The Mayor opened the public hearing. As there was no one who wished to speak, the public hearing was closed. Mr. Minich moved to adopt Ord. 1729 on second reading. Mr. Hartwell seconded motion and it carried by a vote of 6 to 1 with Holmes, Miller, Garvie, Pullen, Hartwell, and Minich in favor and Reeves opposed. PUBLIC HEARING ORD. 1720 - STORMWATER DISCHARGE The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; ADDING SECTION 10. 521 ENTITLED " INAPPROPRIATE DISCHARGE DETECTION AND ELIMINATION INTO STORMWATER SYSTEM" TO VOLUME II, CODE OF ORDINANCES; ESTABLISHING REGULATIONS FOR CONTRIBUTIONS OF POLLUTANTS BY STORMWATER DISCHARGE BY ANY USERS, AND TO PROHIBIT INAPPROPRIATE CONNECTIONS TO THE MS4; RESOLVING CONFLICTING PROVISIONS; DETERMINING SEVERABILITY; AND SETTING AN EFFECTIVE DATE. The Mayor opened the public hearing. As there was no one who wished to speak, the public hearing was closed. f Mr. Garvie moved to adopt Ord. 1720 on second reading. Dr. Pullen seconded motion and it I carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. PUBLIC HEARING ORD. 1724 - PERMIT FLAG POLES UP TO 200' AS CONDITIONAL USE The City Attorney read the ordinance by title.  25 Regular Meeting 6- 12- 07 ORD. 1724 cont. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING CHAPTER 12. 731 HEIGHT AND AREA EXCEPTIONS OF THE LAND DEVELOPMENT CODE TO PERMIT FLAG POLES UP TO A MAXIMUM HEIGHT OF TWO HUNDRED ( 200) FEET ABOVE GROUND LEVEL AS A CONDITIONAL USE; RESOLVING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. The CDS Director noted on line 22 the word approval should read disapproval. The Mayor opened the public hearing. Jay Odom, owner of Uptown Station, discussed his request for an amendment to the Code to allow tall flag poles as a conditional use. He mentioned the two requirements mentioned at the last meeting, approval by the FAA and not more than one tall flag pole be allowed per square mile, are not in the ordinance but he checked with legal counsel who said because they have been brought up and are very clearly stated that there is no problem, on a staff approval, that those be a requirement of an approval of any of the flag poles; and they felt it was not needed or appropriate to have it in the ordinance itself but it could be a condition of approval at the time a request was made. He said the location in Central Park at Uptown Station is a public space, no one is restricted from that space, and it is open and available to the public 24 hours a day. He said even though it cannot be restricted to only an American flag, he would voluntarily in his application make it a requirement that it only be allowed to be an American flag. Dr. Pullen mentioned it also requires approval by Eglin, as far as their mission, in addition to the FAA. Mr. Odom stated that Eglin has already gone on record as their approval of flag poles up to 200' not to exceed one flag pole per square mile, which they gave to the City in writing. Dr. Pullen commented that the concurrence of Eglin would also be part of the conditional use approval. Mr. Odom commented he would have no problem with that, they have already stated their position. Mr. Hartwell asked Mr. Odom why he did not consider a statute or something that represents the military and first responders instead of a flag that represents 3 million people, and asked why 170'. Mr. Odom replied that is what he chose, and it is the same height as the water tower across the street. Mr. Hartwell asked Mr. Odom if 170' were not approved if he would put up a flag at 70'. Mr. Odom replied no, he wanted to do something extra ordinary and special and there are plenty of flag poles 70' tall. The Mayor opened the floor for public input and stated he would like to alternate pro and con comments. Bill Walter, 320 Smith Drive NE, spoke against the height of the flag pole and expressed his belief that no one should get special privileges and rights with the flag that no one else can get within one square mile. Barry Gray expressed his support of a 170' flag pole. Rachael Frazier, 1147 Patriot Court, spoke in favor of the ordinance that would allow a 170' flag pole and mentioned the controls that will regulate flag poles to keep them in proportion with the property. Kara Wood, 443 Shoal Lake Drive, Crestview, read an email from her husband Monty Wood who is stationed at Hurlburt and currently serving in Korea and expressed his support of the ordinance that would allow a 170' flag. She mentioned the support of the military she has seen in the community and added her support of the ordinance. 26 Regular Meeting 6- 12- 07 ORD. 1724 cont. Bill Sullivan, 17 Lucille Street, expressed his support of the ordinance. Bill Wayne, 113 Waynel Circle SE, spoke against the ordinance because of the height and its impact on the military down range targets. Charlene Greenwald, 206 Jet Drive NW, voiced her support of the ordinance and her disbelief that a flag pole at 170' will interfere with the military mission. Ramon Collado, owner of Baskin- Robbins at 91 Eglin Parkway NE, voiced his support of the ordinance and agreed the flag pole will meet all the standards and regulations. As there was no one further who wished to speak, the public hearing was closed. Mr. Holmes moved to adopt Ord. 1724 on second reading. Mr. Garvie seconded motion. Discussion included views in support of the ordinance that would allow a 170' flag pole and in opposition of the ordinance because of the height and the impact on the mission of Eglin. The Mayor called for the vote on the motion to adopt Ord. 1724 on second reading and it carried by a vote of 5 to 2 with Holmes, Miller, Reeves, Garvie, and Minich in favor and Pullen and Hartwell opposed. CITY COUNCIUMAYOR RESPONSIBILITIES AND RELATIONSHIP Consideration of defining the responsibilities of the City Council and the relationship of the Mayor so that activities in City Hall and in Council meetings will proceed more smoothly. Mr. Miller commented the item has nothing to do with personalities; it is a question about organization of the Council and compliance with the City Charter. He expressed his belief that the Mayor has done an outstanding job representing the City, is great in community relationships and is a wonderful an asset for the City but he is no longer a Councilman. He stated the Charter says all powers of the city shall be vested in a council of seven members, the ones with the seat numbers, and says the Mayor shall preside at the meetings of the Council and shall also have the power and perform the duties conferred and imposed by the charter and ordinances of the city; he shall have the right to cast a deciding vote should any issue before the members of the city council end in a tie vote. He expressed the Mayor needs to be an impartial, presiding official and thought they need to define the roles and mission of the Council and the roles and mission of the Mayor. He would like to arrive at an understanding tonight so they can proceed forward in the future. He also stated City Council supervises four charter officers and City Council, as a collective group, is their supervisors and they have a right to oversee what they do and comment on what they do; the Mayor does not have that right, they do not work for the Mayor, they work for the City Council. He mentioned the web page is inaccurate and causes confusion and they need to make sure the people in the city understand that, the power is vested in City Council and they are the legislative body of the City. He mentioned the 0, web page says the City Council is the legislative body of the City; it is composed of the Mayor and seven Council members. He said that is not true, City Council is composed of seven Council I members presided over by the Mayor and occasionally by the Mayor- Pro Tern. He thought they need I. to be consistent in everything so they can present the same information to everyone and the City Council and City government will run more efficiently. Mr. Minich moved to suspend Roberts Rules of Order for this discussion this item. Mr. Holmes seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor.  27 Regular Meeting 6- 12- 07 CITY COUNCIUMAYOR RESPONSIBILITIES AND RELATIONSHIP cont. Mr. Minich first thanked the Mayor for all the work he has done in Tallahassee to keep the tax burden off them and all the people he worked with in Tallahassee have done a great thing for the City to keep it down so that the citizens of the city can choose the services they want and not some legislator in Tallahassee. He expressed appreciation to Mr. Miller for his comments and pointed out that the Charter says a Council of seven members, it does not say seven individuals, they have no individual