Fort Walton Beach Council agenda — 08-10-2010 Regular — reading text

Rynearson in favor and Holmes and gossom opposed ( Seat 6 Vacant).  Regular Council 6 -22 -2010 651 POWELL DRIVE CODE ENFORCEMENT FINE SETTLEMENT Mr. Bolduc updated Council on the status of the Code Enforcement case for property located at 651 Powell Drive, and reported that as of this morning, the property is still in violation due to the non -compliance of the maintenance of the pool. Mr. Bolduc stated he received an e- mail from the owner that a contractor has been hired to clean and treat the pool, at which time the property would then be in compliance. The Mayor asked for public input. Doug Hutcheson, the attorney retained by the Brown family, owners of the property, explained that the family is in a ` catch -22' position with the insurance company, who felt the house could be rebuilt. Mr. Hutcheson stated the property has been secured and the family is doing all it can to come into compliance; the owner is in a nursing home and there are a lot of problems the family has to deal with; and their goal is to bring the property into compliance and hopefully have the fines reduced. As there was no one else who wished to speak, public input was closed. There was no action required by Council. LEGAL TEAM COSTS Mr. Reeves explained he brought this item to Council for discussion and review in regard to the attorneys representing the City, if there are any contractual agreement with those attorneys for services rendered, and the role of the City Attorney acting as a ` gatekeeper' for the need for legal services. The City Attorney discussed her role as ` gatekeeper' explaining that in the event legal advice is needed for a matter not within her expertise, she would recommend legal counsel appropriate for the service, and that it is Council' s discretion whether or not to approve the recommendation. The City Attorney stressed that in no way does this limit the City Manager from finding or retaining legal counsel, and she stated that her scope of services has increased so that specialized legal services are few. The City Attorney also stressed the need for communication among herself, Council, and the City Manager, so that all parties are on the same page in regards to the scope of legal services provided. Discussion included the fact that at times special counsel may not provide information to a councilmember due to the circumstances of the legal issue, such as when they are representing the City as opposed to the City Council, which would be considered a conflict issue. Also discussed was the monthly retainer of the City Attorney, who advised she voluntarily placed herself on an hourly wage, and reduced that wage when the invoices became greater than the original monthly retainer. The City Attorney advised the work that she does differs from the city attorney' s in neighboring cities, as her scope of work includes forfeitures and other issues. The City Attorney stated she is always available for the City Manager, Council, and Staff, and she is proud of the work she does for the City and proud that the City allows her to serve them. Mr. Holmes commented he has never been disappointed with the work of the City Attorney or her legal advice, and that she has always responded quickly and efficiently. Mr. Rynearson gave a vote of confidence for the City Attorney, stating she has always responded to his inquiries in a timely manner. Ms. gossom also stated she has been pleased with the guidance and advice she has received from the City Attorney. CITY MANAGER REPORTS The City Manager reported he attended a meeting with Senator Atwater on the oil spill and that the county and the City of Destin are carrying the burden, and that the result of the county' s action was to expedite the permitting process. The City Manager stated the City of Fort Walton Beach is a few tiers back from being in the line of 8  Regular Council 6 -22 -2010 exposure because of its location, and the City is taking defensive action to defend the sensitive areas of the City from any influx of oil. CITY ATTORNEY REPORTS The City Attorney presented background information on the City' s Stormwater Utility charges, advising the City began charging user fees for the utility in October of 2008, and that the user fees are calculated, generally, on the amount of impervious surface of a property and billed accordingly on the monthly water bill. The City Attorney continued that the Okaloosa County School District has twelve educational and ancillary plants located within the City limits, and the City began charging the School District for the user fee in October of 2008. On November 17 of 2008, Jeff McInnis, the attorney for the School District, informed the City that it was his opinion that the School District should not be responsible for paying the user fees. The City Attorney stated she responded to Mr. McInnis that, in her opinion, the School District was not exempt from the stormwater utility user fee because the charge is a user fee and not an assessment or impact fee. In October 2009, Mr. McInnis contacted the City Attorney regarding a new appellate court decision that he believed supported his position that the School District was exempt from payment of the user fee, and after conducting research on the new case, the City Attorney confirmed her legal conclusion that the School District was not exempt from paying the stormwater utility charges. The City Attorney advised the City has continued billing the School District, and as of June 16, 2010, the School District has an outstanding balance of $24, 417. 02 for the stormwater utility charges. The City Attorney informed the legal issues can be resolved by the City filing a complaint for declaratory relief with the Circuit Court of Okaloosa County, with the City and School Board presenting the facts and their arguments, and the judge making a ruling regarding the rights of both parties. The recommendations of the City Attorney are 1) that the City Council authorizes the City Manager and City Attorney to negotiate with the School District regarding alternatives to charging the stormwater utility user fee, and 2) if negotiations fail after or are unproductive as of December 30, 2010, then the City Attorney is authorized to file an action for declaratory relief to resolve the matter. The Mayor asked for public input. Jeff McInnis, Attorney for the School District, stated it is the opinion of the School District that they are exempt from the fees and there is case law that supports this opinion. Mr. McInnis asked Council to consider that they are fully empowered to make this decision without the necessity of litigation, and he feels it would be a sad day when the City is suing the School District and using taxpayers' money to settle the issue. Mr. McInnis advised the School District is not a developer; rather, it is a constitutional agency exercising a constitutional obligation to build and operate public school facilities within the City fulfilling a constitutional role to educate children, and that public schools are questionably public infrastructure and should not be looked on as developments or businesses. Mr. McInnis continued that there are laws in the comprehensive plan and that public school elements were adopted, and that public schools are like looking at public concurrency because they are used by the public, and it seems inconsistent to tax public infrastructure. Chris Gibson, 249 Brooks Street SE, stated every citizen in the City has to pay taxes, and the citizens have to pay fire and other services for the School District, and that the citizens pay for the schools whether or not they have children attending the schools; therefore, the School District should pay their fair share. As there was no one else who wished to speak, public input was closed. Mr. Minich moved to authorize the City Manager and City Attorney to negotiate with the School District regarding alternatives to charging the stormwater utility user fee. Mr. Rynearson seconded motion. Council stressed the need for a resolution to the issue and that the School District consider their actions regarding the utility user fee. _  Regular Council 6 -22 -2010 The Mayor called for the vote on the motion and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, and Rynearson in favor (Seat 6 Vacant). MAYOR/ COUNCIL COMMENTS Ms. gossom thanked the City Staff and City Manager for the assistance and guidance they have provided her during her first month on Council. Ms. gossom also discussed an article she gave to the City Manager' s Office from the Georgia Municipality Association that discussed e- government and ways to reduce costs and save money. Mr. Reeves appreciated the presentation on legal fees and services given by the City Attorney, and he encouraged his fellow Council members to bring forward any issues they would like to discuss and he appreciates any input they might have. Mr. Minich announced the free Concert on the Beach on June 27 sponsored by the Convention Center and Business Bureau and the County Commissioners, and stressed no coolers will be permitted on the beach. Mr. Nabors stated he traveled to Washington, DC, unofficially, and presented the City' s resolution on offshore drilling to elected officials. Mr. Rynearson mentioned the Kids Day and that it was a tremendous success and thanked the Parks and Recreation Staff for putting it on. The Mayor congratulated members of the Heritage Museum in Valparaiso for bringing the Vietnam Veterans Wall to the fairgrounds; mentioned Kids Day; received a note from the Governor Stone thanking the City for allowing the vessel to dock in the City; talked with a student from Fort Walton Beach High School who will be traveling to Australia as an exchange student; received a letter from Ted Corcoran of the Chamber discussing the visioning and branding process for the City; and advised he sat in on the County EOC where concern about funding from BP due to the oil spill was discussed. ADJOURNMENT There being no further business, the meeting adjourned at 8: 02 pm. APPROVED: MAYOR: ATTEST: CITY CLERK lve Date Completed: 6/ 24/ 10 10  CITY COUNCIL MEETING August 10, 2010 Consent Agenda Agreement with NAACP for Park Use Synopsis: Permits the okaloosa Branch NAACP to install engraved bricks in Chester Pruitt Park. Agenda Item Number: 8. 2  CHESTER PRUITT PARK USAGE AGREEMENT BETWEEN OKALOOSA COUNTY BRANCH, NAACP THE CITY OF FORT WALTON BEACH, FLORIDA State of Florida County of Okaloosa 1. Parties. This Agreement is entered into on August 10, 20105 by and between the Okaloosa County Branch, NAACP, " NAACP ", with its principal address of 10 Nicholson Street, Fort Walton Beach, Florida 32548, and mailing address of P. O. Box 58, Fort Walton Beach, Florida 32549, and the City of Fort Walton Beach, Florida, a Municipal Corporation, " City," with its principal place of business at 107 Miracle Strip Parkway SW, Fort Walton Beach, Florida 32548, The parties do agree and mutually covenant: 2.