Fort Walton Beach Council minutes — 08-11-09 regular minutes — reading text

255 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA AUGUST 11, 2009 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, August 11, 2009, at 6: 00 p. m. in the Council Chambers at City Hall, with the following members present: Mayor Mike Anderson Councilmen: Mike Holmes, Virgil Miller, Dennis Reeves, Bill Garvie, Bobby Nabors, Bill Patterson, and Dick Rynearson. Also Present: Robert Mearns, City Manager; Helen Spencer, City Clerk; Toni Craig, City Attorney; Department Directors and Media. CALL TO ORDER The Mayor called the meeting to order and welcomed everyone. He requested anyone who wished to address Council to approach the podium after being recognized, then state his or her name and address for the record. INVOCATION AND PLEDGE Mr. Miller gave the Invocation and led in the Pledge of Allegiance. APPROVAL OF AGENDA Mr. Reeves moved to approve the agenda as amended to move Item 8. 9, Regulating Dangerous Dogs, to Item 4. 1 under General Public. Mr. Rynearson seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. CONSENT AGENDA Mr. Reeves moved to approve the following Consent Agenda. Mr. Patterson seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. APPROVAL OF MINUTES Approval of the minutes of the Special Meeting on June 23, 2009; the Regular Meeting on June 23, 2009; the Special Meeting on June 30, 2009; and the Special Meeting on July 2, 2009. EXECUTION OF FDOT MAINTENANCE AGREEMENT —PAVERS /EGLIN PARKWAY Authorize the City Manager to execute the FDOT Maintenance Agreement for Brick Pavers along Eglin Parkway, and authorize the City Manager to execute a General Streetscape Maintenance Agreement with each individual property owner. UNITED WAY DAY OF CARING Support payment of $ 250 as a Corporate Sponsor for United Way's Day of Caring on Friday, 18th September and permit up to 15 City employees to volunteer during regular work hours on the United Way's Day of Caring on September 18, 2009, utilizing whatever equipment may be necessary to assist United Way agency clients. 256 Regular Council Meeting 08 -11 -09 RES. 2009 -28, FISCAL HARDSHIP CRITERIA A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, CERTIFYING THAT THE CITY MEETS THE FISCAL HARDSHIP CRITERIA OF SECTION 218.075 FLORIDA STATUTES, AND QUALIFIES FOR A REDUCTION OR WAIVER OF PERMIT PROCESSING FEES FOR THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ( FDEP) AND /OR THE NORTHWEST FLORIDA WATER MANAGEMENT DISTRICT ( NWFWMD). RES. 2009 -29, AMENDS FY 08 -09 BUDGET A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING THE FISCAL YEAR OCTOBER 1, 2008 THROUGH SEPTEMBER 30, 2009 BUDGET TO MAKE CERTAIN AMENDMENTS TO DESIGNATED APPROPRIATIONS OF CITY FUNDS; AND PROVIDING AN EFFECTIVE DATE. RES. _ 2009 -30, AMENDMENT 1 TO SHIP PLAN A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING RESOLUTION 2009 -8 TO AMEND THE LOCAL HOUSING ASSISTANCE PLAN STRATEGIES; AND SETTING AN EFFECTIVE DATE. RES. 2009 -31, REVIVAL OF AMTRAK SERVICE A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, REQUESTING AMTRAK TO RESTORE SUNSET LIMITED RAIL PASSENGER SERVICE IN FLORIDA, AND SETTING AN EFFECTIVE DATE. RES. 2009 -20, ADOPT WASTEWATER TREATMENT INTERLOCAL AGREEMENT The Mayor read the resolution by title. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FORIDA, ACCEPTING THE WASTEWATER SERVICE INTERLOCAL AGREEMENT BETWEEN THE CITY OF FORT WALTON BEACH AND OKALOOSA COUNTY; AND SETTING AN EFFECTIVE DATE. John Hofstad, Utility Services Director, advised the City has been discussing the terms of the Interlocal Agreement with the County since 2000, and the agreement has finally been approved by all parties involved. The Agreement is for a period of thirty years and shall be automatically extended for up to two additional terms for a period of ten years each, for a total of 50 years. Discussion included the City's tertiary treatment system; how the agreement would handle possible large scale annexations within the City; and reclaimed water service. The Mayor opened the public hearing. Rachael Reese, Niceville, and former finance director for Okaloosa County, requested that Council table action on the interlocal agreement and expressed her concerns that the agreement was not fair to the parties involved and that delaying action for further public discussion in an open forum could result in significant monetary savings and prevent future litigation. The Mayor interjected that tonight's meeting is a public forum and the agreement has been discussed at prior Council meetings. Upon questioning from Council, Ms. Reese stated her greatest areas of concern in regards to the interlocal agreement are capacity and future rates. As there was no one else who wished to speak, the public hearing was closed.  257 Regular Council Meeting 08 -11 -09 RES. 2009 -20 ( CONT) Mr. Holmes moved to adopt Res. 2009 -20. Mr. Reeves seconded motion. Council discussed their support of the project; that a lot of time has been put into it by both the City and the County; that it is a good deal for the City; and that the public has had ample opportunity to voice their feelings on the agreement. The Mayor called for the vote on the motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. RES. 2009 -27, GOLF CLUB FEES 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 GOLF CLUB RATES; AND SETTING AN EFFECTIVE DATE. Jeff Peters, Recreation Director, stated the fee adjustments are intended to increase memberships and play at the Golf Club and are based in part upon how the number of rounds played has historically been impacted by rate changes. Mr. Peters stated the strength of the facility and the strong management staff will help bring new members and retain present members and keep them committed to the golf course. Discussion included having a family membership and Mr. Peters noted there is a rate for spouses and dependents, the rates being proposed are fair to the golfer and maintains the revenue; city vs. non -city membership; and marketing strategies and accepting competitor's coupons. The Mayor opened the public hearing. There was none. Mr. Garvie moved to adopt Res. 2009 -27. Mr. Reeves seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. GENERAL PUBLIC Lyndon and Diana Clevenger, 107 Rainbow Drive NW, Fort Walton Beach, requested a change to Chapter 5. 02 of the Code of Ordinances, Animals, to allow pot bellied pigs as pets. Mr. Clevenger explained that he and his wife have had a pot bellied pig named Melon at their residence for 5 years, and have recently been notified that because of the ordinance, Melon must be removed from the home. Mr. Clevenger relayed information including pot bellied pigs have been designated as companion, non -traditional pets by the USDA; several cities in Florida have recently changed zoning ordinances to allow pot bellied pigs; and pot bellied pigs can be housebroken and are naturally clean. He also informed it is believed the complaint stems from issues regarding a neighbor's three dogs. Mr. Clevenger advised they were notified by PAWS on July 28 that Melon had to be removed from the home in 10 days, and that their alternatives were to come before the City Council for an ordinance amendment. Dee Thompson of PAWS advised that no citation was given by PAWS, and that PAWS is enforcing the City code and is waiting to see what the Council decides. F99TO- 0, Regular Council Meeting 08 -11 -09 GENERAL PUBLIC ( CONT) Clarification was given that no changes can be made tonight; that an ordinance must be drafted and gone through the proper notices and readings, but since there was no citation the removal of Melon from the home is not an issue. The Mayor asked for public input. Joan White advised she does animal rescue and that she has taken pot bellied pigs to the schools and the children are delighted by the animals, and she spoke of the intelligence and cleanliness of the animal. Katrina Shirah and her mother, Regina, 109 Rainbow Drive, advised they are neighbors of the Clevengers and they have never had any problems with Melon and that she is an awesome animal and highly intelligent. Jackie Glover, Fort Walton Beach, advised that livestock, with the exception of horses, are usually meant to be eaten, but pot bellied pigs do not fall into this category. Mr. Nabors moved to direct Staff to rewrite Chapter 5.02 of the Code of Ordinances to allow pot bellied pigs within the City limits. Mr. Garvie seconded motion. Councilmembers with first -hand knowledge of pot bellied pigs praised their intelligence and noted they are affectionate animals. Mr. Miller amended the motion to instruct Staff to look at all animals to update the ordinance. Mr. Patterson seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson and Rynearson in favor. Mr. Holmes stated he has no problems with someone having a pot bellied pig for a pet, but he is concerned this will set a precedent and people will be requesting other animals to be allowed as pets, and that the situation goes a lot deeper than allowing pot bellied pigs as pets. The Mayor called for the vote on the motion, as amended, and it carried by a vote of 6 to 1 with Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor and Holmes opposed. The City Manager advised he would speak with the City Attorney regarding a time frame for the rewriting of the ordinance and presentation to Council. DISCUSSION ON REGULATING DANGEROUS DOGS Mr. Miller discussed his concern while reading about attacks by vicious dogs and questioned what type of safety regulations or guidelines are in place for the citizens against these dangerous animals. The City Manager advised besides the City ordinance the County has a contract with PAWS whereby PAWS is allowed to enforce the County ordinance within the City's jurisdiction. Dee Thompson of PAWS advised besides the City and County ordinances, the State of Florida has jurisdiction over dangerous dogs, and noted there are 22 dogs in Okaloosa County that are deemed dangerous and the types of dogs are listed on their web site. Ms. Thompson also informed that