Fort Walton Beach Council agenda — 04-13-2010 Regular — reading text

months, then once completed will be brought back to Council for approval and execution. The Mayor Pro Tern opened the floor for public comment. Steve Fisher, 7 Pryor Road SE, expressed concerns over ADA compliance requirements of the development. Mr. Bolduc assured Mr. Fisher that the development will meet all ADA requirements and offered to meet with Mr. Fisher to review the' plans. ' Brian Rosales, 412 Holmes Blvd, agreed the project fits in well with the CRA Plan and will be a nice project, but disagreed with the City providing funds for the project. As no one further wished to speak, public comment was closed. Discussion included further clarification that the City will use local labor during the construction that the $ phase; 500,000 cash will be used for closing costs, architectural, engineering, and other intangible costs; that the City has enough labor pool to handle the in -kind services for the demolition and installation of the infrastructure; and further explanation on the Build America Bond program.  115 Special Council 3 -23 -10 RES. 2010 -12 — SOUND SITE AFFORDABLE HOUSING DEVELOPMENT The Mayor Pro Tern read Res. 2010 -12 by title. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, PLEDGING UP TO 2. 5 MILLION IN REVENUE TRUST FUNDS OF THE FORT WALTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR SITE DEMOLITION, SITE IMPROVEMENTS FOR INFRASTRUCTURE, SITE RESTORATION, AND OTHER COSTS FOR THE FORT WALTON BEACH HOUSING AUTHORITY' S SOUND SIDE AFFORDABLE HOUSING DEVELOPMENT; AND PROVIDING AN EFFECTIVE DATE. Mr. Holmes moved to approve Res. 2010 -12. Mr. Patterson seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor ( Seat 2 vacant). Mr. Rynearson moved to authorize the City Manager, City Attorney, Finance Director, and Engineering & Utility Services Director to develop an Interlocal agreement with the Fort Walton Beach Housing Authority that will include the payback terms of the $ 2, 500,000; and the final Interlocal Agreement to be forwarded to HUD and City Council for final approval. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor (Seat 2 vacant). ADJOURNMENT Being no further business, the meeting adjourned at 5: 50 p.m. APPROVED: MAYOR: ATTEST: CITY CLERK ddm  1: 7 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA MARCH 23, 2010 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, March 23, 2010, at 6: 00 p. m. in the Council Chambers at City Hall, with the following members present: Councilmen: Mike Holmes, Dennis Reeves, Bill Garvie ( Mayor' Pro: Tem),' Bobby Nabors, Bill Patterson, and Dick Rynearson Absent: Mayor Mike Anderson; Seat 2 Vacant Also Present: Robert. Mearns, City Manager; Helen Spencer, City Clerk; Toni Craig, City Attorney; Department Directors and Media. CALL TO ORDER The Mayor Pro Tem 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 /PLEDGE OF ALLEGIANCE. Dave Lester, First Reader, Christian Science Church, gave- the Invocation and led in the Pledge of Allegiance PROCLAMATION —KICK BUTTS DAY The Mayor Pro Tem presented Linda Litschauer, representing the FWBHS Students Working Against Tobacco ( SWAT) of Fort Walton Beach High School, a proclamation for Kick Butts Day. PROCLAMATION —HANDS AND LINKING ARMS DAY The. Mayor pro Tem-presented Bishop Wendell Brock a proclamation for Helping Hands and Linking Arms Day. STUDENT ACE AWARD The Mayor Pro Tem presented the Student Ace Award for March to Rebecca Gornto of Choctawhatchee High School. DISTINGUISHED BUDGET AWARD The Mayor- Pro Tem presented the Distinguished Budget Award to Finance Director Brandy Wunker. APPROVAL OF AGENDA The Mayor Pro Tem requested item 9.3, Discussion of Potential Litigation Against Merrill Lynch, be moved to after Item 2.2, a presentation on the Census 2010. - The Mayor Pro Tem explained the attorney. present to discuss the potential litigation is from out of town and requested he be placed earlier on the agenda. Mr. Patterson::moved- to approve the-:: agenda :as the, business of the dayjr as amended, moving Item 93. Potential Litigation Against Merrill :Lynch, to after Item 22. Presentation. on the Census 2010. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor (Seat 2 Vacant). PER Regular Council 3/ 23/ 10 FY ANNUAL AUDIT AND COMPREHENSIVE FINANCIAL REPORT Ms. Angela Balent of ,0'S;ullivan Creel`. presented the Fiscal year 2009 Annual Audit and Comprehensive Financial Report ( CAFR). The Mayor Pro Tem thanked everyone involved with the budget; stating it is a credit to all involved that such an excellent budget report was given in these tough economic times. The Finance Director requested a motion from Council to accept the CAFR. Mr. Rynearson moved to accept the Comprehensive Annual Financial Report ( CAFR) for the fiscal year ended September 30, 2009. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor Seat 2 Vacant). CENSUS 2010 PRESENTATION Cam Johnson, Public Information Officer, provided information on the 2010 Census and discussed its importance to the City of Fort Walton Beach in regards to the appropriation of federal and state funding, budget planning, transportation needs, and business development. DISCUSSION OF POTENTIAL LITIGATION AGAINST MERRILL LYNCH Glen Thomas, the City's General Pension Attorney from Lewis, Longman, and Walker, discussed the basis of the potential lawsuit with Merrill Lynch. He described the actions of Merrill Lynch as a breach of fiduciary duty and a conflict, explaining that the job of Merrill Lynch is to look after and monitor the money managers of the pension fund. However, Merrill Lynch kept money managers that they shouldn' t have, and retained money managers they should have let go, and because they were looking after their commissions instead of the pension funds, the allegation is that the pension.funds lost money, although it is not really known if funds were lost. Mr. Thomas discussed. the contingency agreement from Beggs and Lane and stated it is a very standard agreement. He informed this is a special type of law and Beggs and Lane knows the in and out of this type of investigation and know exactly what to look for, and he recommended going forward with the contingency agreement. The City Attorney advised an issue of the agreement is if the City decides to move forward with the lawsuit then decide to stop it, the City may be responsible for costs incurred up to the time it is stopped. She advised Council to stay with the lawsuit until it is done which may take two to three years. Mr. Thomas recommend that language be included in the agreement with Beggs and Lane that states any initial investigation that is done is at the risk of Beggs and Lane if they decide not to pursue the lawsuit. Mr. Nabors moved to go forward with supporting the lawsuit with the stipulation that any investigation that is done is at the risk of Beggs and Lane if they decide not to pursue the lawsuit; and to authorize the City Manager to send the case forward as a cause of action. Mr. Patterson seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor (Seat 2 Vacant). CONSENT AGENDA Mr. Reeves moved to approve following Consent Agenda items. Mr. Holmes the seconded motion and it .carried unanimously with Holmes, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor (Seat 2 Vacant). 2-  1:19 Regular Council 3/ 23/ 10 APPROVAL OF MINUTES Approval of the minutes of Regular Council Meeting of March 9', 2010 and the Special Council Meeting of March 15; ~2010: SATISFACTION.OF LIEN= =210 -212 STOKES AVENUE` Satisfaction of Lien for property at 210 -212 Stokes Avenue as the assessment for street; drainage, and sewer improvements have been paid in full by the property owner. RES. 2010- 101, CDBG BUDGET AMENDMENT A RESOLUTION:- OF THE _CITY OF FORT WALTON BEACH, FLORIDA, AMENDING THE I FISCAL YEAR OCTOBER 1, 2009 THROUGH SEPTEMBER '30, 2010 BUDGET TO MAKE CERTAIN AMENDMENTS TO APPROPRIATIONS OF CITY FUNDS; AND PROVIDING AN EFFECTIVE DATE. PUBLIC COMMENTS Lt. Col. ( Ret) Carmen Reynolds, 9621 Sunnybrook Drive, Navarre, re- addressed the issue of the Shariah Law which was discussed at the March 9, 2010 Council meeting. She advised she provided additional, information to the City Clerk for distribution to Council, as well as to citizen Lee Bobo, who provided input at the March 9 meeting. Ms. Reynolds discussed how the Shariah Law works and discussed key individuals on the Shariah finance in the United States; their roles in their. respective countries;, and the need to take a stand against the Shariah- financed institutions in the US. Ms. Reynolds asked that Council reconsider their decision and to draft an ordinance that prohibits the City from doing business with financial institutions who are Shariah Compliant. Council advised athey had discussed this issue previously and consensus at that time, and as of now, is to take no action. Chris Gibson, 249 Brooks Street SE, questioned the need for Ladder Truck # 6 to respond to non -emergency <_medical runs. Mike Dutton, Fire Chief, explained that Rescue Truck # 6 is the first responderitvehicle; however, Ladder Truck # 6 will respond to a call in the event Rescue Truck # 6 is unavailable. Chief Dutton further explained that emergency calls go through Central Dispatch in Crestview, and they determine whether the call is an emergency or non emergency. Ms. Gibson also discussed her displeasure that a softball field at the Fairgrounds was lost to the county due to the construction of the courthouse annex. Jeff Peters, Recreation %Cultural Services Director, advised two softball fields are left at the Fairgrounds,. and that with the renovation of Chester Pruitt Park, plans are to use that ' park for co -ed softball. Mr. Peters advised that when grants become available, there are areas in the City that are being looked at for a possible sports complex. Ms. Gibson also discussed the Library Cooperative with Okaloosa County and the amount of funding the City contributes to the library, as