Fort Walton Beach Council agenda — 10-14-08 regular agenda — reading text

their property so designated. Mr. Register stated the designation does not affect Ms. Santos' property; that she would have to have the proper environmental tests done for a determination of contamination. The City Manager clarified that the City does not have any knowledge of Ms. Santos' property being contaminated, and her property is not in the corporate limits of the City. Further discussion included designating other areas of the City as a brownfield in the future. Mr. Reeves moved to support Res. 08 -38. Mr. Garvie seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. RES. 08 -48, BROWNFIELDS GRANT The Mayor read the resolution by title. A RESOLUTION TO ENTER INTO A MEMORANDUM OF AGREEMENT WITH THE WEST FLORIDA REGIONAL PLANNING COUNCIL AND ESCAMBIA COUNTY TO SUBMIT A GRANT APPLICATION TO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FOR A BROWNFIELDS ASSESSMENT COALITION GRANT AND SETTING AN EFFECTIVE DATE. 10 Regular Council 09 -23 -08 RES. 08 -48 ( CO T) Mr. Hofstad reported the West Florida Regional Planning Council ( WFRPC) contacted Staff regarding the City submitting an EPA Brownfields Coalition grant application with the WFRPC, Pensacola, and Escambia County. Mr. Hofstad noted this is a win -win situation for the City and funding could be applied to these agencies toward site assessments. The Mayor asked for public input. There was none. Mr. Minich moved to adopt Res. 08 -48. Mr. Garvie seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. RES. 08 -48, POLICIES FOR COLLECTION /USE OF SOCIAL SECURITY NUMBERS The Mayor read the resolution by title. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING SECTION 2 OF RESOLUTION 2008 -06 WHICH ADOPTED POLICIES FOR THE COLLECTION AND USE OF SOCIAL SECURITY NUMBERS; AND SETTING AN EFFECTIVE DATE. Mark Wiltsie, Human Resources Director, advised the resolution requires the City to only provide a copy of the disclosure as to the reason the social security number is collected and no longer requires a signature. The Mayor asked for public input. There was none. Mr. Minich moved to adopt Res. 08 -48. Mr. Reeves seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. WORKERS' COMPENSATION INSURANCE POLICY RENEWALS Consideration of a request to authorize the City Manager to execute insurance policies with the Florida League of Cities for the Workers' Compensation insurance renewal; and insurance providers recommended in the staff report for various miscellaneous policies, for the FY 2008- 09. Mr. Wiltsie advised this is the annual agenda item on the City's insurance for Property, Casualty and Workers' Compensation, and that there is a decrease in the premium for workers' compensation of $ 108, 492, which is attributable to the City's reduction in payroll for the 08/ 09 fiscal year, a reduction in injuries this past fiscal year, and a reduction in the class code rates recommended by the State and adopted by the Florida League of Cities. The Mayor asked for public input. There was none. Mr. Minich moved to authorize the City Manager to execute insurance policies with the Florida League of Cities for workers' compensation in the amount of $ 394, 193; with Fisher Brown for flood insurance in the amount of $ 39, 707; fiduciary liability in the amount of $14,773; for public official bonds in the amount of $404; and with Illinois Union Insurance through Public Risk Insurance Agency for petroleum /environmental liability in the amount of $ 12, 965. Also, to award the firm who has the appropriate ratings and best pricing for Statutory Accidental Death and Dismemberment for Police and Firefighters in the amount of $3, 280. 00, for a total amount of $465, 322. 00. Mr. Holmes seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor.  11 Regular Council 09 -23 -08 FIREFIGHTERS' PENSION FUND APPOINTMENT Consideration of appointment to the Firefighters' Pension Trust Fund Board. Mr. Minich nominated Robert W. Neyendorf, 18 Memorial Parkway NW, to serve on the Firefighters' Pension Trust Fund Board from September 30, 2008, until September 30, 2010. As there were no further nominations,. the Mayor called for the vote and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. POLICE OFFICERS' PENSION FUND APPOINTMENT Consideration of appointments to the Police Officers' Pension Trust Fund Board. Mr. Minich nominated Tony Carnathan, 346 Oakland Circle NW, to serve on the Police Officers' Pension Trust Fund Board from September 30, 2008, until September 30, 2010. As there were no further nominations, the Mayor called for the vote and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. Mr. Minich nominated Chuck Shoff, 225 Natures Trail Court NW, to serve on the Police Officers' Pension Trust Fund Board from September 30, 2008, until September 30, 2010. As there were no further nominations, the Mayor called for the vote and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. OTHER CITY BUSINESS FOR DISCUSSION PURPOSES Mr. Minich asked about an item to discuss a different. time for Council to meet. The City Manager stated that was discussed during the Charter Review and the City Attorney will bring an ordinance forward. The City Attorney received clarification that the ordinance will state 6: 00 pm for discussion. Dr. Pullen brought up the issue of Staff being subject to the Sunshine Law and mentioned a former staff member of the Attorney General stated any action taken by an advisory committee that failed to comply with the Sunshine Law may be invalidated and may suffer same consequences. He believes when the DRC meets, a public announcement should be made and minutes should be kept. Dr. Pullen requested to place on the next Council agenda for discussion and possible action how the Sunshine Law applies to City staff in relationship and responsibilities of the City Council. The Mayor requested the City Attorney give an opinion on the Sunshine Law applicability to the DRC. The City Attorney reiterated from the 2008 edition of the Sunshine Law that Dr. Pullen read that stated, " However when a staff member ceases to function in a staff capacity and is appointed to a committee which is given a policy based decision making function ", that the DRC is not a policy based decision making function, it is an administrative function and a technical committee. The City Attorney continued the DRC does not address the policy necessarily; it addresses some but not all of the policies within the Land Development Code, and those policies are addressed through the CRA, the MPB, and Council' s approval. The City Attorney said she thinks there is a distinction and will be happy to give an opinion on the past DRC. She said if Council chooses to make them open public meetings they can do that; however, she would question how cumbersome that may be on the DRC itself and thought the department directors could best answer that question. 12 Regular Council 09 -23 -08 OTHER CITY BUSINESS ( CONT) The Mayor mentioned he attended the Gulf Power Symposium and the cities and counties are being beat up for the dragging out of development requests, and they are asking that the processes be expedited and be made as business and developer friendly as possible without violating the law. Dr. Pullen wished to know the status of discussions with the county about the sewer plant. The City Manager stated Staff would brief Council individually on that matter within the next two weeks. MAYOR/COUNCIL ANNOUNCEMENTS Mr. Miller thanked Council and Staff for their support during his illness and the rehabilitation he will be going through, and said he is trying to arrange his schedule to attend at least one Council meeting a month. Mr. Garvie mentioned he had the privilege to represent the City last Friday at Eglin Air Force Base at the POW /MIA ceremony. Mr. Hartwell commended Tom Murray, Public Works Director, who went to Baton Rouge to help some of the Hurricane Ike victims. Mr. Minich praised Golf Course Marshall Bo Diddly and another person who performed CPR on an individual who suffered a heart attack at the golf course last Friday. He mentioned the Heart Walk this Saturday at 8: 00 am at Northwest Florida State College. The Mayor had several announcements. He mentioned the compliments he received from the high school coaches who appreciated the condition of the golf course; the Dr. H. C. White tournament players had nothing but praise for the customer service, staff, and conditions of the golf course. The Mayor advised he received a nice note from Joyce Owens on Camborne Avenue about the street crew who worked hard to remove concrete out of the way of her driveway. He noted the Heritage Park and the library offer many activities for the public, and that the Visit Florida map has the Heritage Park and Cultural Center listed as one of the fourteen places in the state to visit. The Mayor continued that this Sunday at Magnolia Grill from 3: 00 to 5: 00 the Museum Co -op will have a wine tasting to raise funds for all the museums. He thanked the sixteen city employees who participated in the United Way work day, especially for their work at the ECMI, and to Publix, who painted the softball complex concession stand. He reported that Captain Poirrier with the Fire Department received thanks from the AARP for the class he held on senior issues and fire inspections. The Mayor informed he attended the POW /MIA ceremony at Hurlburt, he thanked the Police and Fire Departments for participating in the flag raising ceremony for 9 -11 at Uptown Station, and reminded everyone of Dog Daze this Sunday at Fort Walton Landing. Dr. Pullen reminded Council that tickets could be purchased at the Museum for the wine tasting on Sunday; and on Wednesday at the Museum from 12: 00 to 1: 00 there will be a presentation on the ivory billed woodpecker. CITY MANAGER ANNOUNCEMENTS The City Manager announced the Senior Center rummage sale on Saturday, September 27 from 7: 00 am to 1: 00 pm; on Saturday, September 27 at 1: 00 pm the Heritage Park and Emerald Coast Archaeology will host a presentation free to the public by Prentice Thomas on Myan excavation.  13 Regular Council 09 -23 -08 ADJOURNMENT There being no further business, the meeting adjourned at 9:30 p. m. APPROVED: MAYOR: ATTEST: CITY CLERK Ive  15 MINUTES OF