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

with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. ORD. 1780, REMOVE LIMITATIONS ON HOME RULE POWERS The Mayor read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY AND INTENT; AMENDING SECTION 8 OF THE CITY CHARTER TO REMOVE LIMITATIONS ON THE CITY'S HOME RULE POWERS AND TO RECONCILE INTERNAL INCONSISTENCY WITH POWERS OF THE MAYOR AND SETTING AN EFFECTIVE DATE. The City Attorney advised this ordinance would clarify the issue discussed during the Charter Review meeting regarding the powers of the Mayor. The Mayor opened the public hearing. Dean Covey, 270 Brooks Street SE, stated he agrees with the Mayor having the right to vote to break a tie vote; however, he believes there should be a majority of the total Council present when issues such as taxes or fees or the Land Development Code is discussed. Lee Bobo, Memorial Parkway, questioned the verbiage of the ordinance, particularly the limitations on the City's Home Rule powers, giving his opinion that whether or not the Mayor can cast a deciding a vote in the case of a tie has nothing to do with Home Rule. Mr. Bobo continued that the elected seven members of the City Council have the power to run the City, and that anything, in his view, that comes before the Council should be determined by the members of Council. Mr. Bobo also gave his feeling that any major changes to the Charter should be made by the people by way of a referendum, and noted inconsistencies in Sections 6 and 8 of the City Charter regarding the Mayor casting a deciding vote. The City Attorney advised that Section 8 of the Charter not only regards ordinances and f resolutions, but also an order or vote, and that it requires four members of Council to adopt or vote for any action that occurs. As there was no one else who wished to speak, the public hearing was closed. Mr. Minich moved to adopt Ord. 1780 on first reading. Mr. Reeves seconded motion. Council discussion included the importance of having a quorum of Council in order to conduct business; that the Mayor is an elected official and should be permitted to break a tie if need be; that the Charter vests the power in the seven councilmembers; that the councilmembers have term limits but the Mayor does not; and the current Mayor is well- versed on the issues in case a deciding vote is required. The Mayor called for the vote on the motion and it carried by a vote of 5 to 2 with Holmes, Reeves, Garvie, Hartwell, and Minich in favor and Miller and Pullen opposed. REGULAR AGENDA —ALTERNATIVE PENSION PROGRAM STUDY Consideration of authority for staff to proceed with the study of an alternative pension program and secure the services of the pension attorney and plan actuary at the cost of $ 12, 000. If approved, funds are available in the General Employees' Pension Fund to cover this expense.  7 Regular Council 09 -23 -08 ALTERNATIVE PENSION PROGRAM STUDY (CONT) Also, request authority for staff to contact the Police and Fire Pension Boards to determine their interest in pursuing a transition to a defined benefit plan. Mark Wiltsie, Human Resources Director, advised this item is a result of Council' s discussion during the budget meetings to study different ways to provide pension benefits to the employees, and one way is to transition from the current defined benefit plan to a defined contribution plan. He informed this is to authorize to undertake a study and to secure the services of the City's pension attorney and actuary to accomplish that. When questioned by Council, Mr. Wiltsie informed it would be three to four months before information is brought back to Council. Mr. Reeves moved to authorize Staff to proceed with the study of an alternative pension program and secure the services of the pension attorney and plan actuary at the cost of 12, 000. Mr. Minich seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. FUTURE AGENDA ITEMS The City Manager noted discussion and formalization of the relationship between the Friends of the Library and the City was added as a future agenda item. Mr. Minich moved to remove Item 1 ( Expand Protocol Guide to Include Duties of Mayor; Duties of Councilmembers) as a future agenda item. Mr. Miller seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. NOTICE TO DELIBERATE ON ORD. 1763 Consideration of notice that Council Member Pullen, on October 14, 2008, will make a motion to rescind the vote on Ordinance 1763, taken on September 9, 2008, and to deliberate again the application upon second reading, with any additional information necessary for a decision, and pursuant to notice requirements for such ordinances at the sole expense of the applicant. The City Attorney stated this is a noticed item regarding the upcoming motion that Dr. Pullen may make on October 14, and it is pursuant to Roberts Rules. No action or motion is required. SHIP ANNUAL REPORTS Consideration of a request from Okaloosa Community Development Corporation ( OCDC) by Executive Director Patti Sunnarborg, for approval of SHIP and HHRP Program Annual Reports. Patti Sunnarborg, Executive Director of Okaloosa CDC, discussed the demographics and the expenditures for both the SHIP and the HHRP Programs and requested Council' s approval of the Annual Reports. Dr. Pullen moved to approve the annual reports. for the SHIP and HHR Program funds. Mr. Miller seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. LEASE FOR PARKING DECK —LANDMARK CENTER Consideration of a request by Fort Walton Development Partners, LLC., for approval of a ground lease between the City and Fort Walton Development Partners, LLC for the construction of a parking deck for the Landmark Center on city owned property located at 223 Miracle Strip Parkway SE and 206 Perry Avenue SE. Fool Regular Council 09 -23 -08 LANDMARK CENTER ( CONT) Bruce Houle, representing Ft. Walton Development Partners LLC, advised the approval of the lease will allow the developers to build the parking garage on city -owned property. Mr. Minich moved to approve the Ground City and Ft. Walton Lease between the Development Partners LLC to construct the parking deck on city -owned property. Mr. Holmes seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. HABITAT FOR HUMANITY REQUEST - 103 HARBESON AVENUE Consideration of a request from Okaloosa County Habitat for Humanity to waive the water tap fee of $ 500, sewer tap fee of $ 600, and building permit fee of $ 433.90, for a single family residence to be constructed at Lot 2, Block 1, Central Addition, located at 103 Harbeson Avenue. The CDS Director requested approval of the waiver of fees with a cap of $ 2, 000 for any adjustment in fees. Mr. Minich moved to waive the water tap fee of $500, sewer tap fee of $600, and building permit fee of $433.90, for a single family residence to be constructed at Lot 2, Block 1, Central Addition, located at 103 Harbeson Avenue. Mr. Holmes seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. RES. 08 -24, EQUAL RIGHTS AMENDMENT A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, SUPPORTING THE ADVOCATES WHO ARE WORKING TO HAVE THE FLORIDA LEGISLATURE RATIFY THE EQUAL RIGHTS AMENDMENT TO THE UNITED STATES CONSTITUTION. Mr. Minich moved to postpone Res. 08 -24 indefinitely. Dr. Pullen seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. Council expressed concern that the City Attorney has not been contacted by advocates in reference to the resolution; whether the advocates would pay the City Attorney's fees for her research /review of the resolution; and that a matter such as the ERA is a personal matter among voters. RES. 08 -43, ESTABLISH MITIGATION CREDIT, STORMWATER MANAGEMENT FEE The Mayor read the resolution by title. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA; ESTABLISHING MITIGATION CREDIT POLICY AS A REDUCTION TO STORMWATER MANAGEMENT UTILITY FEE; AND SETTING AN EFFECTIVE DATE. John Hofstad, Utilities Director, advised this is the last step in the long process of implementing a stormwater utility, and sets the mitigation credit policy for the customers and property owners in the City. He advised it gives a range of credit for each property owner based on types of uses and improvements on the property. Discussion included that mitigation credit will be approved to new developments after they provide assurances to the City that they have gone through the proper permitting process; and that properties that have all ready made improvements will have the opportunity to apply to the City for mitigation credits.  9 Regular Council 09 -23 -08 RES. 08 -43 ( CONT) Mr. Minich moved to adopt Res. 08 -43. Mr. Hartwell seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. RES. 08 -38, DESIGNATION OF BROWNFIELD AREA The Mayor read the resolution by title. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, DESIGNATING A BROWNFIELD AREA WITHIN THE CITY FOR PROPERTIES GENERALLY LOCATED WITHIN THE BOUNDARIES OF THE CITY' S COMMERCE AND TECHNOLOGY PARK CONSISTING OF APPROXIMATELY 347 ACRES FOR THE PURPOSE OF ENVIRONMENTAL SITE REHABILITATION AND ECONOMIC REDEVELOPMENT; PROVIDING AN EFFECTIVE DATE. Mr. Hofstad advised this is the first public hearing required by the Florida Statutes to establish a Brownfield designation, and the resolution will be brought back to Council at the meeting of October 14. Mr. Hofstad informed that public hearings are held and gives property owners the opportunity to opt out of having their property designated if they desire; however, a Brownfield designation is a huge economic driver and provides incentives to the property owners. The Mayor opened the public hearing. Kimberly Santos, resident of Oak Tree Park in Mary Esther, which is directly in front of the Commerce and Technology Park, questioned how a Brownfield designation would affect her property, and expressed concern that her property is unknowingly contaminated. As there was no one else who wished to speak, the public hearing was closed. Roger Register of the TBE Group, who worked with the City in the designation of the Commerce and Technology Park as a brownfield, explained the program was set up to provide economic and environmental incentives for properties that have a perception of contamination, or that are contaminated. Mr. Register explained just because a property is designated as a brownfield does not mean it is contaminated; it allows incentives to come into play for property owners who choose to have