Fort Walton Beach Council minutes — 12-09-08 regular minutes — reading text

67 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA DECEMBER 9, 2008 INTRODUCTION A regularmeeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, December 9, 2008, at 6: 00 p. m. in the Council Chambers at City Hall, with the following members present: Mayor Mike Anderson Councilmen: Mike Holmes, Dennis Reeves, Bill Garvie, Dr. Wayne Pullen, Jim Hartwell, and Mike Minich Absent: Virgil Miller Also Present: Joyce Shanahan, City Manager; Helen Spencer, City Clerk; Brandy Wunker, 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 after being recognized, then state his or her name and address for the record. INVOCATION/ PLEDGE Councilman Hartwell gave the invocation and the Mayor led in the Pledge of Allegiance. STUDENT ACE AWARDS The Mayor presented a Student Ace Award to Thomas C. Fitzgerald of Choctawhatchee High School. APPROVAL OF AGENDA TheMayor advised that agenda item # 15 on the presentation by the CRA and Chamber of Commerce regarding downtown vagrant issues has been withdrawn and requested that agenda item 6 on the RFP for Burial Services be removed from the Consent Agenda and moved to the Regular Agenda. Mr. Minich moved to approve the agenda as changed with the removal of Item #15 CRA and Chamber of Commerce presentation from the Regular Agenda and the removal of Item # 6 RFP on Burial Services from the Consent Agenda and moved to the Mr. Regular Agenda. Holmes seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, Hartwell, and Minich in favor (Miller absent). CONSENT AGENDA Mr. Reeves moved to approve the Consent Agenda with the removal of the RFP on Burial Services from the Consent Agenda and moved to the Regular Agenda. Mr. Hartwell seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, Hartwell, and Minich in favor (Miller absent).  Regular Council 12- 9- 08 68 MINUTES Approval of the minutes of the Special Council Meeting of November 12, 2008, and the Regular Council Meeting of November 18, 2008. SIDE LOADER REFUSE TRUCK BID Award Bid 09- 101, Purchase of one side loader refuse truck, to the low, responsive, responsible bidder meeting bid specifications, Peterbilt of Montgomery, LLC, AL for the bid Montgomery, amount of $199, 834. ANNUAL HERBICIDE AND PESTICIDE BID Award Bid 09- 103, Annual Pesticide Bid to the lowest responsive, responsible bidders for the purchase of herbicide and pesticide on an as needed basis for the budgeted amount of $218, 545 to control the growth of undesirable plants, the spread of plant disease, and the proliferation of harmful insects in the maintenance of the City' s Golf Club fairways, greens, tees, and rough; the parks sports fields, sewer spray fields, and plant beds; and for the annual mole cricket injection treatment for the Golf Club and city sports fields. MEDICAL INSURANCE Waive section 4. 01. 025 of the Purchasing Policies and Procedures and authorize staff to obtain informational quotes from local providers for the City' s Medical Insurance program. RES. 08- 54: ACCEPT FUNDING THROUGH FEMA FOR FIRE DEPARTMENT A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, ACCEPTING FUNDING THROUGH THE FEDERAL EMERGENCY MANAGEMENT AGENCY FOR EQUIPMENT, PERSONAL PROTECTIVE EQUIPMENT, AND TRAINING; AUTHORIZING THE MAYOR TO EXECUTE GRANT DOCUMENTS; AUTHORIZING THE FIRE CHIEF TO OVERSEE THE PROJECT; AUTHORIZING A BUDGET AMENDMENT; AND SETTING AN EFFECTIVE DATE. RES. 08- 56: FUNDING THROUGH DEP FOR WATER REUSE SYSTEM A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, ACCEPTING FUNDING THROUGH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR THE GOLF CLUB WATER REUSE SYSTEM; AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT ASSISTANCE AGREEMENT; AUTHORIZING THE UTILITYSERVICES DEPARTMENT TO OVERSEE THE PROJECT; AUTHORIZING A BUDGET AMENDMENT; AND SETTING AN EFFECTIVE DATE. SETTMENT IN CITY V. B& H EARTH MOVING CONTRACTORS Approval of a settlement regarding City of Fort Walton Beach v. B& H Earth Moving Contractors, Inc. et aI, in the amount of $52, 500. RES. 08- 57: 08/ 09 BUDGET AMENDMENT A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING THE FISCAL YEAR OCTOBER 1, 2008 THROUGH SEPTEMBER 30, 2009 BUDGET TO MAKE CERTAIN AMENDMENTS TO DESIGNATED APPROPRIATIONS OF CITY FUNDS TO PAY LITIGATION SETTLEMENT FUNDS; AND PROVIDING AN EFFECTIVE DATE. RES. 08- 55: SUSPENDING FUEL SURCHARGE A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, SUSPENDING THE FUEL SURCHARGE FOR SOLID WASTE PICKUP EFFECTIVE JANUARY 1, 2009 UNTIL FURTHER REVIEW; AND SETTING AN EFFECTIVE DATE. Regular Council 12- 9- 08 69 QUIT CLAIM DEED TO HOLBROOK Authorize the Mayor to execute the quit claim deed to Donald and Lorraine Holbrook for Lot 29, Block A, Donlabrook Gardyns Subdivision. REMOVAL OF FIXED ASSETS Authorization to record in the Council minutes the removal of fixed assets from the City' s accounting records. STRATEGIC PLAN 2008 Adoption of the City of Fort Walton Beach, Florida, Strategic Plan 2008. SPECIAL PRESENTATION Presentationby City' s Community Redevelopment Agency and Greater Fort Walton Beach Chamber of Commerce regarding downtown vagrancy issues. Item was withdrawn from the agenda. CGI COMMUNITY VIDEO PROJECT Presentation by Public Infonnation Officer on CGI Community Video Project. Cam Johnson, PIO, mentioned the City entered into an agreement with CGI Communications to develop ten one- minute videos to be linked to the City' s website. He said the videos will be done free to the City and CGI will offset the cost by getting local sponsorship. He mentioned the ten videos the City will produce include a Welcome, Education, Quality of Life, Real Estate and Relocation, Tourism and Things to Do, Parks and Recreation, Downtown, Dining and Shopping, Economic Development and Community. He said the first four are standard with every community and the final six are ones the City chooses. He said CGI will shoot all the videos and write the scripts and then the City' s IT Division will add a link to the City' s website directing visitors to the videos. He then showed a video from one local community who has already participated in the program to give an idea on how the web links will work and the sponsorship levels available to the businesses. He mentioned as part of the agreement with CGI the City will provide a letter from Mayor Anderson to local business owners outlining the project and its legitimacy. Discussion ensued with objections expressed on endorsing businesses that may not be located in the City limits. Discussion included the belief that the City could make its own videos; that there are local companies that can do the same thing; that the City web site should be an unbiased non- profit government web site; that the videos should be what the City has to offer; that the concept is good but the proper placement is the Chamber of Commerce; and that it is a good idea without the commercialism. Mr. Garvie moved to move forward with a " Quality of Life" video for the City and attempt to terminate the contract with CGI. Mr. Minich seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, Hartwell, and Minich in favor (Miller absent). GENERAL PUBLIC Jim Tucker, 590 L' Ombre Court, acting on behalf of the Municipal Planning Board, received an update that the City is working with the County on the consolidation of City' s and the County' s wastewater treatment needs and that City Council will receive a fonnal presentation on January 13th.  Regular Council 12- 9- 08 70 BOARD/ COMMITTEE REPORTS Presentation from the City' s Municipal Planning Board. Janet Wilson, Municipal Planning Board Chairman, gave Council a report on the accomplishments of the Board for the past year. RFP ON BURIAL SERVICES Pursuant to City of Fort Walton Beach Code of Ordinances, Volume II, Chapter 4, Section 4. 01, Paragraph 4. 01.025 and the Purchasing Policies and Procedures, request authorization to reject all bids from RFP 09- 102 Burial Services for the City of Fort Walton Beach Cemeteries, and re- issue a request for proposal and authorize the City Manager to continue the current contract until a new contract is issued. The City Attorney advised that Council is allowed to reject all bids and reissue it again and it is her recommendation that Council may want to reject and reissue. The Mayor opened the floor for public input. David Chapman owner of Gulf Coast Wilbert mentioned his company has been under contract with the City for the past eight plus years and they have the City' s best interest at heart. He voiced his belief that his company met every single requirement of the RFP, that the scoring system was not fair, that the other bids should have been thrown out, that due diligence was not done, and that his company was the most responsive bidder. He asked that the bid be awarded to Gulf Coast Wilbert because they met all the criteria in the RFP. John Holloway, attorney representing David Chapman with Gulf Coast Wilbert, went over their basis for challenging the bids because none of the other bidders had the required insurance or the ability to perform, that they objected to the way the scoring was done, and the appearance of a conflict of interest with the son of the cemetery supervisor as one of the bidders. He said the City Attorney had given an opinion that she did not believe it was a conflict of interest but she did not address the City' s purchasing policy. The City Attorney stated she issued three opinions regarding a conflict of interest, two were not written, which is why she suggested Council reject all bids and do it over. Mr. Holloway expressed the