Fort Walton Beach Council minutes — 02-12-08 regular minutes — reading text

5 MINUTES OF THE REGU~ COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA FEBRUARY 12, 2008 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, February 12, 2008, at 7: 00 p. m. in the Council Chambers at City Hall, with the following members present: Councilmen: Mike Holmes; Virgil Miller; Dennis Reeves; Bill Garvie; Dr. Wayne Pullen; Jim Hartwell; and Mike Minich, Mayor Pro Tern Absent: Mayor Mike Anderson Also Present: Joyce Shanahan, City Manager; Helen Spencer, City Clerk; Lisa Absher, Finance Director; 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 atter being recognized, then state his or her name and address for the record. INVOCATION AND PLEDGE Councilman Hartwell gave the invocation and led in the Pledge of Allegiance. The Mayor Pro Tern asked for a moment of reflection on the tragedy that happened in Kirkwood, Missouri where two City Councilmen were killed, the Mayor was injured, and two police officers were injured and killed. APPROVAL OF AGENDA Mr. Miller moved to approve the agenda as the business of the day. Mr. Reeves seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, and Hartwell in favor. CONSENT AGENDA Mr. Holmes moved to approve the Consent Agenda items. Mr. Hartwell seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, and Hartwell in favor. MINUTES Approval of the minutes of the Council Workshop of January 22, 2008, the Regular Council Meeting of January 22, 2008, and the Executive Session of January 29, 2008. FERRY PARK DISC GOLF DONATION Approval in accepting funds in the amount of $5, 000 from Embarq through the Choctawhatchee Basin Alliance for the installation of a 9- hole Disc Golf Course and Rain Garden in the Ferry Park area. RENEW AGREEMENT WITH CBA Authorization for the City Manager to execute the renewal of the agreement with the Choctawhatchee Basin Alliance for services not to exceed $ 51, 500 annually related to ongoing implementation of the National Pollutant Discharge Elimination System Phase II program regulated by the Florida Department of Environmental Protection.  Regular Council 2/ 12/ 08 6 PUBLIC HEARING: ORD 1751 - PRESIDIO PUBLIC IMPROVEMENTS The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, PROVIDING AUTHORITY; ACCEPTING CERTAIN PUBLIC IMPROVEMENTS MADE BY PRESIDIO DEVELOPERS, LLC; ACCEPTING A ONE-YEAR WARRANTY OFFERED BY PRESIDIO DEVELOPERS, LLC; RATIFYING PAYMENT OF CONSTRUCTION OVERAGES; AND SETTING AN EFFECTIVE DATE. i'~'.';".;.'. .' 1\ Mr. Miller asked if it was an original item that was done at Presidio if it would have been classified as a Capital Improvement Project. 1 John Hofstad, Utilities Director, explained if he had the charge of the project when it started it would have been handled differently and in hindsight some things should have been done differently, but they felt all along that the project was within the staff level authorization given the cost of the project, and it was not until they got into the project that they found the conflicts and had to make a call in the field and that pushed the project pass the threshold. He believed they have procedures in place now through the Development Review Process with the Utilities Department involvement that they can overcome any issue like this coming back before Council again. The Mayor Pro Tern opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Garvie moved to adopt Ord. 1751 on second reading. Mr. Reeves seconded motion. Mr. Miller referenced the ordinance that gives the City Manager spending authority below 20, 000 for purchases of supplies, materials, and any other matter or commodity necessary for the operation of the affairs of the City. He expressed his belief that a capital improvement project such as what was done at Presidio did not fall within that category and by his interpretation of the ordinance it was never delegated to the City Manager to approve capital improvement projects below $ 20,000. He mentioned the first invoice received was $ 27, 178. 25 and the definition of a capital improvement project is anything greater than $ 25, 000 and lasts ten years and he expressed his belief that the water line falls into that category. He expressed his thought that by approving a $ 3, 000 sum that Council is not using their authority to approve the entire amount for the capital improvement project. Mr. Miller moved to amend the ordinance to change the payment of $3, 180.25 to the total amount of $27, 178. 25. Dr. Pullen seconded motion. Mr. Hartwell mentioned the Finance Director has been directed to look into the activities regarding the Presidio invoices and Council should look at that when it is complete. The City Attorney clarified that the ordinance did not deal with the sidewalk work and the 27, 178. 25 includes $ 4, 000 for the sidewalk. She said the amount should be $ 23, 178. 25 really which is the total amount only for the public improvements sidewalk has never been a part of the ordinance. being accepted by the ordinance; the I. The City Attorney was asked whether the sidewalk should be brought back in a later ordinance. The City Attorney gave her opinion that it should not because the City generally does not do y these types of ordinances for something like a sidewalk. Clarification was requested on the amount of the amendment. The Mayor Pro Tern stated that the amendment was for the $ 27, 178. 25 but the City advised that the $ 4, 000 for the Attorney sidewalk is not part of the ordinance. Mr. Miller was requested to restate the amendment. Regular Council 2/ 12/ 08 7 ORD. 1751 ( CONTI ,',' Mr. Miller stated without the sidewalk his amendment is to delete in Section 4, line 3, $ 3, 180. 25 and substitute the total sum of $23, 178.25. The Mayor Pro Tem called for the vote on the amendment to delete in Section 4, line 3, 3, 180.25 and substitute the total sum of $23, 178.25 and it carried by a vote of 4 to 3 with Miller, Garvie, Pullen, and Hartwell in favor and Holmes, Reeves, and Minich opposed. The Mayor Pro Tem called for the vote on the motion to adopt Ord. 1751, as amended, and it carried by a vote of 5 to 2 with Miller, Reeves, Garvie, Pullen, and Hartwell in favor and Holmes and Minich opposed. PUBLIC HEARING: ORD. 1753 - SEXUAL PREDATORS IN PARKS The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, RELATING TO SEXUAL PREDATORS IN CITY PARKS; PROVIDING FOR AUTHORITY AND FINDINGS OF FACT; AMENDING CHAPTER 7. 05 OF THE CODE OF ORDINANCES; CREATING A NEW SECTION 7. 05.07, ENTITLED USE BY SEXUAL PREDATORS PROHIBITED; PROVIDING FOR CONFLICTS AND SEVERABILITY; AND SETTING AN EFFECTIVE DATE. Ted Litschauer, Police Chief, explained the ordinance will apply to all parks in the City and to sexual predators only, not sexual offenders. In response to the question on enforceability and how a person can identify a sexual predator, the Police Chief explained that the sexual predators are known throughout the community and recognized on site by either a neighbor or an officer. He further explained when it is discovered the violation would be a trespass which is not enforceable until it is a trespass after warning. It was questioned whether notices can be sent to the registered sexual predators to make them aware of the ordinances and whether signs can be posted. The Police Chief said notices can be sent to those who live within the City although it would apply to those who do not live in the City. He said it could be posted at the entrances to a park and if the sign is done in an aesthetic manner that fits in with the park it would have little effect other than placing them on notice and the police would still have to give a warning because the statutory requirements of posting for trespassing are very specific and requires certain size letters, etc., which are generally not very aesthetic. He said the essence of the ordinance is to a level of comfort to those who use the park to know that sexual predators are prohibited there, but the enforcement action would be dependent upon whether the sign met the statutory provisions regarding trespass posting. He said it can be enforced; it is just whether it is a two step process or a one step process. In response to the question of the penalty involved, the Police Chief explained it would be a second degree misdemeanor and then a first degree misdemeanor if it is a repeat offense. The Mayor Pro Tern opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Garvie moved to adopt Ord. 1753 on first reading. Mr. Hartwell seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, and Hartwell in favor. REGULAR AGENDA- FUTURE AGENDA ITEMS The City Manager advised that Dr. Pullen' s request to address the possible reorganizing City staff to save money will be discussed at the Budget Policy Workshop in May, and Mr. Hartwell's requests to discuss the Sunshine Law and communications between Council and Charter Officers will be scheduled at workshops as time becomes available.  Regular Council 2/ 12/ 08 8 2007 FIRES GRANT AWARD Consideration of a request to accept the 2007 FIRES Grant award from the Federal Emergency Management Agency in the amount of $ 72,700. If approved, a budget amendment to the General Fund will be required to fund the City' s match of $7, 270. Mike Dutton, Fire Chief, explained the grant will provide the Fire