Fort Walton Beach Council minutes — 02-28-2012 - regular — reading text

Printed 31111011  241 Regular Meeting Minutes February 28 2012 RESULT: ADOPTED [ UNANIMOUS] MOVER: Bull Rigdon, Council Seat 6 AYES: Griggs, gossom, Reeves, Goodwin, Nabors, Rigdon, Rynearson 2. Code Enforcement Board Appointment r Consideration of one appointment to the Code Enforcement Board for a three -year tern. There are two applications. The City Clerk advised two alternates on the Code Enforcement Board, Phillip Rose and Valerie Moreland, are interested in a permanent position. She advised Mr. Rose was appointed as alternate in March of 2010, and Ms. Moreland was appointed as alternate in May of 2010. The term would be for three years. The vote on the nomination of Phillip Rose to the Code Enforcement Board, as a regular member for a three- year term carried unanimously, RESULT: ADOPTED [ UNANIMOUS] MOVER: Dennis Reeves, Council Seat 3 AYES: Griggs, gossom, Reeves, Goodwin, Nabors, Rigdon, Rynearson 3. Housing Authority Appointment Consideration of the Mayor's ( re) appointment of a citizen to the Fort Walton Beach Housing Authority for a four -year term. The vote to approve the Mayor' s reappointment of James Robbins to the Fort Walton Beach Housing Authority for a four-year term carried unanimously _ RESULT: ADOPTED [ UNANIMOUS] AYES: Griggs, gossom, Reeves, Goodwin, Nabors, Rigdon, Rynearson 14. ACTION - DIRECTION --DISCUSSION 1. Assignment of Easement The Elliott's Point Channel Association requests to assign its easement connecting the Choctawhatchee Bay to Lake Earl ( Goodthing Lake) to the City in order to provide maintenance for stormwater purposes. The City Manager presented background information regarding the 50' easement granted in 1962 to the Elliott's Point Canal Association (SPCA, formerly the Elliott's Point Channel Association) to construct, maintain, repair and operate a canal with the right of ingress and egress into Lake C Earl from the waters of Choctawhatchee Bay. He explained the EPCA no longer has the desire or ability to continue the task and they contacted the City to begin discussion regarding the conveyance of the easement held by them to the City. The City Manager discussed the importance of Lake Earl and the City and that an easement document has been developed by the City Attorney to maintain the easement in such a manner to minimize flooding and insure continuous drainage to Choctawhatchee Bay. City Coan, d ofFort Walton Beach Page 5 Printed 31112017 242 Regular Meeting Minutes February 28, 2012 The vote on the motion to accept both the Assignment of Easement between the EPCA and the City, and the transferring of funds from the EPCA to the City to perform the dredging, carried unanimously. RESULT: ADOPTED [ UNANIMOUS] MOVER: joyce gossom, Council Seat 2 SECONDER: Bull Rigdon, Council Seat 6 AYES: Griggs, gossom, Reeves, Goodwin, Nabors, Rigdon, Rynearson 15. CITY MANAGER REPORTS The City Manager advised he would place the City Attorney issue on the March 13, 2012 agenda for discussion. 16. CITY ATTORNEY REPORTS 1. Conflict Discussion The City Attorney advised that the Mayor discussed with him whether there was a possible conflict of interest regarding Mr. Griggs and the issue of the police consolidations with the Sheriff's Office, since Mr. Griggs' father is an employee of the Sheriffs Office. The City Attorney stated it is his opinion that there is no conflict since Mr. Griggs will receive no financial gain, and that he can prepare a memo to Council stating such. The City Attorney also suggested that if Council would prefer, he can request an opinion from the Florida Department of Ethics as a third party opinion and can have an opinion within the next month. Council discussion included the fact that the City has an attorney to perform these types of legal issues, that obtaining an opinion from a third party is beneficial, and that a legal opinion from either source is needed for the official record so citizens can be directed to it. It was brought up by Mr. Rigdon that Mr. Rynearson's son -in -law is an employee of the City, and that does not and should not prevent Mr. Rynearson from voting on issues brought before Council. Mr. Griggs stated he has no problem with either a City Attorney or Florida Department of Ethics opinion. The vote on the motion to direct the City Attorney to prepare a request to the Florida Department of Ethics for a final opinion regarding whether a conflict of interest exists regarding Mr. Griggs carried by a vote of 5 to 2. Mr. Goodwin stated for the record that his support of the motion in no way questions the Mr. ungQs mmselt sunnorts the motion. RESULT: ADOPTED [5 TO 21 MOVER: Dennis Reeves, Council Seat 3 SECONDER: Dick Rynearson, Council Seat 7 AYES: Griggs, gossom, Reeves, Goodwin, Rynearson NAYS: Bobby Nabors, Bull Rigdon City Cato al of Fort Walton Beach Page 6 Printed 31112011  243 Regular Meeting Minutes February 28, 2012 17. MAYOR/ COUNCIL COMMENTS Mr. Reeves stated publicly that he and his fellow members perform the tasks they were elected to do in an honest and ethical manner and resents the perception from some members of the public that Council does so for financial gain. Mr. Goodwin requested that the City Attorney prepare a report to Council giving an overview on referendums, and whether the issue of the consolidation of the police department is eligible for a I referendum. The City Attorney advised he will prepare the report. Mr. Nabors stated he will not acknowledge a -mails or calls from citizens that are of a negative tone or viewpoint on any issue. Mr. Rynearson commented to an earlier remark regarding the fact that his son -in -law works for the City, and that he received a legal opinion from the former City Attorney, which he has in writing, before he ran for office, noting there was no conflict with him running for Council. The Mayor discussed issues that were discussed in Tallahassee during the legislative sessions, including pension reform legislation, communication service tax, and the importance of the quality of a city to attract or retain businesses. He also advised he attended the Transportation Planning Organization meeting last week; a Snowbird Appreciation Night; served pancakes at the International House of Pancakes ( IHOP) for the children's Miracle Network of Sacred Heart Hospital; and attended the memorial service for the airmen of Hurlburt. The Mayor announced the tennis tournament begins this Saturday at the Tennis Center, and that on March 7, 260 bicyclist who are members of the Wounded Warriors will be cycling through town. He also advised there will be a dog show this coming Thursday at the fairgrounds. 18. ADJOURNMENT: 8: 10 pm alu Approved: City Council ofFort Walton Beach Page 7 Printed 31112011 244