Fort Walton Beach Council agenda — 06-08-04 Regular — reading text

McGriff Street, formerly the Alice Starkey Center, to operate day care services. If approved, staff will work with the City Attorney to revise the lease with Okaloosa County Head Start. ( City Manager) ( See Backup). 35. Consideration of a request by Nitsi Bennett of Okaloosa County Habitat for Humanity to use up to $25, 000 of the $ 50, 000 previously granted by the City, to prepare a stormwater management plan and to take whatever steps necessary to correct drainage deficiencies on property they own on Bobolink Street Lot 14, Block lOin order to prepare the iand to build affordable housing on this site. If approved, staff will work with Habitat for Humanity to determine the proper drainage requirements. ( CDS Director) ( See Backup). 36. Consideration of reducing the property tax millage rate by .4700 mills ftom 4. 9700 mills to 4. 5000 mills. Councilmember Tun Tucker) ( See Backup). 37. Consideration of appointment to the Municipal Planning Board. ( City Clerk) ( See Backup). 38. Consideration of adopting Council Rules of Conduct and Protocol. (City Attorney) ( See Backup). 39. Update on public records request for release of social security numbers. ( City Attorney). 40. Mayor/ Council Announcements. 41. City Manager Announcements. ADJOURN Any person who decides to appeal any decision made with respect to any matter at this meeting wiN NEed a record of the proceedings, andfor such purpose may NEed to ensure that a verbatim record of the proceedings ;s made, which record includes the testimJ( ny and evidence upon which the appeal is to be based. (FS286. 0105). The City of F() rt Walton Beach adheres to the American with Disabilities Act and wiN make reasonable modijications for access to this meeting upon request Please caN City Clerk Helen Spencer at 850-833- 9509 to make a request For Hearing Impaired dial the City Hall rDD #850-833- 9925 or 1- 800-955-8771 (TDD) or 1- 800- 955-8770 (Voice). Requests must be received at least 48 hours in advance of the meeting in order to aNow the City time to provide requested service.  cifi of Fort Walton Bach 1 A~~ U~ t/ub8~ 8eaue-' PtlcJClAMA TIcJN WHEREAS, Mary Ellen Ricks served the City of Fort Walton Beach well since March 10, 1988, as a Library Assistant; and WHEREAS, theperformance of her duties and responsibilities were always marked by her dedication, hard work, and dependability. She has made many contributions to the City through her long hours of dedicated work; and WHEREAS, during her 16 years of employment with the City she has experienced many milestones with the Library, adapting easily and cheerfully during a period of great technological development and change. Her kind and steadfast presence in the Library during hurricane recovery, a maintain its facility re- Iocation, and expansion of services to the people of our area, helped the Library special relationship with the citizens we serve; and WHEREAS, her attention to the desires and needs of the citizens has made many friends for the City and the Library; and WHEREAS, Mary Ellen retired from the City effective May 28, 2004 and it has been said that she will devote her retirement years to gardening, relaxing and spending time with family. NOW, THEREFORE, I, Glenda Glover, by virtue of the authority vested in me as Mayor of the City of Fort Walton Beach, do wish to state publicly that Mary Ellen will be missed both professionally and as a fellow employee, and I hereby extend our best wishes to Mary Ellen Ricks and her entire family for much success and happiness in the future. IN WITNESS WHEREOF, I have hereunto set my hand and .caused the seal of the City of Fort Walton Beach to be affixed this 8th day of June 2004.  o o c CITY COUNCIL MEETING June 8, 2004 Consent Agenda Approval of Minutes Agenda Item Number: CA- 1  217 A Council Workshop Meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, May 18, 2004 at 7: 00 p. m. in the Council Chambers at City Hall, with the following members present: Mayor Glenda Glover Councilmen: Mike Holmes, Bill Patterson, Bob Campbell, Jim Tucker, Dr. Wayne Pullen, Chuck Kelley, and Mike Anderson. Also Present: Joyce Shanahan, City Manager; Helen Spencer, City Clerk; Mike Burton, Finance Director; Toni Craig Teal, City Attorney; and Department Directors. i: ',-,;, ,;~:! 1~ The Mayor called the meeting to order. r-~~ - ~ _____ r, ~_ l ,-- I I ~: 0, !,-, ~ '., Lei ~ _,,~ I Charlotte Hoover, 101 Old Ferry Road, Shalimar, operates the management company for the Pirates Bay rental units, expressed her understanding there has been a lot of discussion about Pirates and Bay lately wished to mow why Dr. Pullen has made it his personal agenda to shut down the operation of Pirates Bay and the marina. Dr, Pullen responded he has not attempted to shut down Pirates Bay, but Pirates Bay is not in compliance with the laws of the State and they, as Council members, have a responsibility to see that the laws and ordinances of the City are enforced; and that has been his position all along. H.e said it was obvious by the code violations sent that they were not in compliance with the City ordinances and that issue has been going on for many years and it should have been taken care of a long time ago, and they, as a Council, have to take the responsibility to see that it is straightened out. Ms. Hoover stated they are working very hard to correct those problems and yet Dr. Pullen continues to try to push it so that the marina gets shut down, and the operations of the rental management for the owners would have no revenue and their property values would go down. She said once it was brought to their attention and started working on it, then need to have time to do that. they Dr. Pullen replied that the DR! calls for a private residence condo and the occupancy permit is for a residential facility, they have an improper license at the present time because it is a private residence condo and operating as a hotel/motel, which is against the city codes. Ms. Hoover stated it has been transient rentals trom day one. The Mayor asked the City Attorney to give a position on the legal issue. The City Attorney stated it is her position the entire issue is sitting on the fence with the Code Enforcement Board, the staff has engaged in code enforcement action and they are at a point where they have extended the compliance date, and until that code enforcement action is carried out the Council is very limited on what it can and cannot do. But, of course, any Council member can inquire as to the status of that code enforcement action and they can carry forward on what it is they want to do; but the Council is limited on what it can do toward that action. The Mayor received confirmation that during that time, Council is very limited. Dr. Pullen said he has gathered the facts as much as he can and the facts he has come up with is, it is a private residence condo and always has been, just because they operate illegally does not mean anything. He said, in his opinion, one of the primary responsibilities of the Council is to live by the State laws and their own ordinances and if they betray that they are not doing their job for the citizens., c-\  218 o o 5- 18- 04 9~~~~~~~~:~VII; ~3~~~~ Mr. Anderson said that is what he wants to discuss later, what Council should do, what staff should do, what they should get advice on, are they a legislative body or an administrative body. He said his contention is they are a legislative body and the administrative items are forwarded to the City Manager and the staff. He said before they go much further in answering Ms. Hoover' s question or going into Dr. Pullen' s personal research, that maybe they could talk about it later because that is the genesis of a lot of issues he would like to bring up when they talk about Council' s Rules of Conduct, the Protocol Guide, and what Council should be doing, what the staff should be doing, what the citizens should be doing, and so on. He did not think it necessary to get into an exchange at this time because Dr. Pullen has his opinion, based on his research as a dentist and a City Councilman; but he is not the legal counsel, the CDS Director, or the City Manager and that is what they need to talk about, Council' s role vs. staffs role. I Mr. Kelley added he is satisfied with staff going through code enforcement, following the procedures and working with Pirates Bay to move forward with code enforcement. Ms. Hoover expressed that all they I ask is to be allowed to go through the