Fort Walton Beach Council minutes — 09-26-1989 Regular — reading text

and said the property is being annexed into the city as R- 1A. Mr. Rosenbaum moved the adoption of Ordinance 1056 on first reading. Motionby Mr. Smith and was seconded carried unanimously with Smith. Wyatt, Rosenbaum, deVaux. Wyninegar. Merriwether. Maney in favor.  5 9/ 26/ 89 ORD. 1060 ORD. 1060: AN ORDINANCE OF THE CITY OF FORT WALTON ANNEXING PROCEDURES BEACH RELATING TO ANNEXATION PROCEDURES; PROVIDING FOR AMENDING SECTION 206. 01 OF THE CODE OF ORDINANCES. PROCEDURES FOR PROCESSING ANNEXATION REQUESTS. BY REQUIRING PLANNING BOARD REVIEW AND AMENDING PROVIDING FOR AN EFFECTIVE DATE. I PROCEDURES; AND The City Attorney read the ordinance by title only. and recommended that the effective date be changed to November 1. 1989. Mr. Rosenbaum moved the adoption of Ordinance 1060 on second reading. with the recommended change by the City Attorney. Motion was seconded by Mr. Haney and carried unanimously with Smith. Wyatt. Rosenbaum. deVaux. Wyninegar. Merriwether. Maney in favor. ORD. 1061 ORD. 1061: AN ORDINANCE AMENDING CHAPTER 220. AMENDING COMMITTEES COUNCIL. OF THE CODIFIED. ORDINANCES OF THE CITY OF FORT WAL TON BEACH. BY AMENDING SECTION 220. 02 COMMITTEES. BY DELETING SUBSECTION ( A). STANDING COMMITTEES, ( 1) THE GENERAL ADMINISTRATION COMMITTEE. 2) THE PUBLIC SERVICES COMMITTEE; AND PROVIDING THE EFFECTIVE DATE HEREOF. The City Attorney read the ordinance by title only. Since there was no one to move the adoption of Ordinance 1061. the ordinance died for lack of a motion. GENERAL PUBLIC Bill Stone said he represents the Homebuilder' s BILL STONE- HOMEBUILDERS Association and would like to discuss an issue that ASSOCIATION was brought before the council about a year ago having to do with out of town contractors. He said under the laws governing occupational licenses. someone who has their principal place of business in the city could be charged an occupational license tax. and someone who has their principal place of business out of the city but wishes to conduct their profession as a contractor inside the city may be charged a registration fee. Mr. Stone said that registration fee is designed to bring that contractor into the city. have them and that licensed and the I register prove they' re have required insurance which is designed to protect the health. welfare. and safety of the public of the City of Fort Walton Beach. He further said that last year. the council increased the out of town registration fee from $ 25. 00 to $ 150. 00. and the Homebuilders have asked for reconsideration of that. Mr. Stone said he is awaiting the results of the review from Mr. Keeler. 6 9/ 26/ 89 HOMEBUILDERS ( CONT' D) Felix Beukenkamp. 101 Baywind Drive. Niceville, current president of the Homebuilder' s Association. gave a little history on the occupational license fee for certain categories. which was $ 225. 00 before the ordinance and the out of town registration fee was 25. 00. and what the council did was reduce the occupational license fee to $ 150. 00 and increase the out of registration town fee to $ 150. 00. Hr. Beukenkamp said his understanding of the law is that a municipality should only charge tolhat the cost is to register that out of town contractor. and he does not feel the cost for the license increased six- fold. He reminded the council that Fort Walton Beach is a lead municipality and for the most part of the county. the license fees are $ 25. 00 for out of tmvn contractors. Dee Fife said his concern was that he was being charged a considerable amount. more than the out of town contractor. and he preparationwas active in the of the change of the rewriting of the ordinace about a year ago. He said the City Attorney at that time interpreted that the changes were legal. and that was the reason those ordinances were equalized for the out of town as well as the in town. Hr. Fife said he would like to propose a county- wide effort for license fee collection and structure. Mr. Beukenkamp would like some type of response within the next thirty days. The City Hanager said the response ' T i\ oul d be in October. Mr. Beukenkamp said they are not commenting on the occupational tax. but rather the registration fee. He added that he received his automatic renewal and it says occupational license on it. and it should say registration fee because he is notcity resident and a should not be charged a tax and further suggested it be changed. NELSON DAVIS Mr. Davis is not present to speak, so the Hayor continued to the next item. BRET MOORE- THORNBER Bret Moore. Moore & Moore. P. A.. Daysaid Mr. VS CITY distributed a letter to their office stating his clients had no intention of accepting the city' s offer; however. Hr. Day said he ' i\ Tas authorized to offer $ 75. 000. 00 to settle. Mr. Moore said his recommendation is let the matter go back to Judge Fleet, let the matter correct itself in the District Court of Appeals, but let Judge Fleet renew it on a motion for rehearing. and then address it at that